BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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                                                 Complaint Case No   :  435 of 2009

                                                          Date of Institution     :    27.02.2009

                                                           Date of Decision       :    15.12.2009

Dr. Bhupinder Singh

….…Complainant

                           V E R S U S

AM Travels through its Proprietor Sh. Sandeep Malhotra, SCO No.28-30, 1^st Floor, Sector 9-D, Chandigarh.

                                  ..…Opposite Party

CORAM:   SH.JAGROOP SINGH MAHAL    PRESIDENT

              SH.SIDDHESHWAR SHARMA    MEMBER

DR          MEMBER

Argued by:         Sh. Gurinder Pal Singh, Adv. for complainant.

                        Sh.Bimal Chandan Bitta, Adv. for OP.   

PER SH.JAGROOP SINGH MAHAL, PRESIDENT

               Briefly put, the complainant in the month of April, 2007 approached the OP for purchase of 6 air tickets and visa services for traveling from India to Turkey in May for a consideration of Rs.1,60,800/-. However, due to some personal reasons he had to postpone the visit for a month and on the request of the complainant, the OP cancelled the tickets of May and issued new tickets on payment of Rs.29,400/-.  However, due to some medical reasons he again had to cancel the proposed trip and requested the OP to cancel the tickets and another deduction of Rs.7  The OP was to refund the amount of Rs.1  Subsequently, the complainant again asked for four more tickets, cost of which was Rs.92  Thereafter, he made numerous requests to the OP to refund the amount of Rs.1  He also filed a consumer complaint before the ld. Forum at Yamuna Nagar, however, the same was dismissed vide order dated 8.1.2009 for want of territorial jurisdiction. Hence this complaint alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice.

2]           OP filed reply and admitted the factual matrix of the case.  It is stated that the OP paid Rs.58,000/- as cash refund and issued a cheque for Rs.50,000/- towards the full and final settlement of refund amount and nothing was due towards it.  It is also stated that as per the settlement entered into between the parties, the original receipt of Rs.1,60,800/- was destroyed by the complainant.  It is further stated that the complainant assured that after receiving the cash amount of Rs.58,000/-, he will return the cheque of Rs.50,000/- but he did not return it to the answering OP.  Rest of the allegations have been denied and it is prayed that the complaint be dismissed.

3]           Parties led evidence in support of their contentions.

4]           We have heard the ld.Counsel for the parties and have perused the record.

5]           It is admitted that the OP was liable to pay Rs.1,08,000/- to the complainant.  Their contention is that in lieu of Rs.1,08,000/-, the complainant agreed to receive only Rs.58,000/-  in full and final settlement of his claim.  This fact is denied by the complainant.  Otherwise also it appears to be false plea as to why the complainant who is entitled for Rs.1,08,000/- from the OP, should accept only Rs.58,000/- towards full and final settlement.  The agreement regarding full and final settlement is not in writing.  It is further alleged by the OP that they issued a cheque for Rs.50,000/-, which was to be returned by the complainant to them after he received Rs.58,000/-, but the complainant did not return the said cheque to them. The complainant has admitted having received the cheque of Rs.50,000/-, but due to the undertaking given by the OP to pay the entire amount in cash , he did not get it encashed. The original cheque was produced by the complainant at the time of arguments having not been got encashed by him.  The contention of the OP that he had paid the amount of Rs.58,000/- in cash is not proved and there is no receipt of the same. The complainant has denied having received any such amount from the OP.  The contention of the OP that the said receipt of Rs.58,000/- was destroyed by the complainant also appears to be a false story.  The result is that the OP has failed to prove the payment of any amount out of Rs.1,08,000/- to the complainant. He has infact concocted a false story about the payment of Rs.58,000/- and also that there was any settlement between the parties under which the complainant was to receive the said amount towards full and final settlement.

6]           The OP has not mentioned in the reply to the complainant, as to on which date the cash amount of Rs.58,000/-   was paid by them. The OP has not produced any record to suggest as to when and from which bank the said amount was withdrawn.  The OP is a firm and we suppose, it must be maintaining its accounts also but the copies of such accounts have not been produced to prove the alleged payment of Rs.58,000/-.  We have therefore no hesitation in holding that in order to deprive the complainant of his amount the OPs have concocted a false story as contained in para 5 of the reply filed by them.

7]           There is no dispute about it that the complainant had paid the amount as and when demanded by the OP for getting the air tickets issued and finally a sum of Rs.1,08,000/- was due from the OP, which has not been paid back to the complainant by the OP so far.  The present complaint therefore succeeds and the same is accordingly allowed.  The OPs are directed to pay a sum of Rs.1,08,000/- along with interest @12% p.a since 23.05.07 [as per email annexure C-5] till the amount is paid to the complainant alongwith costs of litigation of Rs.5,000/-. Since the OP has taken a false ground in the reply and have tried also to dodge this Forum, a sum of Rs.25,000/- is imposed as penalty and he is also directed to pay the same to the complainant for causing him mental and physical harassment.  The entire above said amount is to be paid within 30 days of the receipt of the copy of this order, failing which they would be liable to pay the same alongwith penal interest @12% p.a. since the filing of the present complaint i.e. 27.02.09, till the amount is actually paid.

                Certified copies of this order be sent to the parties free of charge.  The file be consigned.