Present:         Shri Satish Kumar Panigrahi, Presiding Member

                        Smt. Saritri Pattanaik, Member (W)

Smt. Saritri Pattanaik, Member(W)

1. The fact of the case in brief is that the complainant has filed this Consumer complaint under section 35 of the Consumer Protection Act, 2019 alleging unfair trade practice by the Opposite Parties (in short O.Ps) and for redressal of his grievance before this Commission.
2. The complainant is a woman and professional doctor working as a professor at O & G MKCG Medical College & Hospital, Berhampur and she wishes to visit Japan. Opposite Party No.1 is the registered Director of Design Ur Holidays Private Limited Company’s and O.P.No.2 a staff of said company and the main objective of the company is to support and auxiliary transport activities of travel agencies. The complainant discussed with the O.Ps a trip to Japan for two persons in October 2019 and the O.Ps quoted a sum of Rs.2,55,000/- per person. Accepting the offer from the O.Ps the complainant deposited the consideration amount of Rs.5,10,000/- only for two persons i.e. the complainant herself and her husband Dr. Prabeen Kumar Rath on different dates by online transferring the amount from the account situated at State Bank of India, MCC Branch, Berhampur. The consideration amount of Rs.2,55,000/- and Rs.11,000/- were transferred through NEFT on 18th September 2019 and 24th September 2019 and Rs.2,44,000/- was transferred through RTGS on 20th September 2019 in favor of Design Ur Holidays Private Limited. The O.Ps scheduled the trip to Japan from 14th October 2019 to 20th October 2019. Acknowledging the receipts of amounts, the O.P.No.1 has issued emails on different dates i.e. on 19.09.2019, 20.09.2019, and 25.09.2019to Dr. Prabeen Kumar Rath, the Co-traveler and husband of the complainant in his email ID: drprabeenrath@yahoo.co.in but denied to issue invoice of the trip and mentioned in email dated 19.09.2019 that. “We will send you an invoice once the tour will be over”. Unfortunately, there was Typhoon Hagibis in Japan was an extremely violent and large tropical cyclone break out before the scheduled date of the trip to Japan and caused widespread destruction across its path and lashed Japan on October 12 and 13 October 2019. Due to said extremely violent and large tropical cyclone, the entire tour program was cancelled. The complainant approached and demanded the O.Ps in a different possible manner to refund the amount taken from her. Getting no other way, the complainant approached National Consumer Help Line to redress the above complaint and the NCH has issued a docket No.1970873 dated 23.03.2020. The O.Ps replied to the said NCH through mail dated 16.04.2020 and admitted that “All Nippon (airlines) did not operate their flight on the date; therefore, the group could not travel on that date”. And other things were submitted in such a way that the complainant could not able to approach anybody in her lifetime. But the O.Ps did not mention that ‘whether amounts were deposited with counterpart service providers of Japan at all which speaks of unfair trade practices. Before organizing the trip the O.Ps being specialized in activities of travel did not guide the complainant regarding the pros and cons of travel to Japan in October. The O.Ps failed to inform the complainant about the following queries before accepting the consideration amount. 

1. Which month is suitable to visit Japan?
2. When should you avoid Japan?
3. When did the typhoon hit Japan?
4. What is the cheapest month to fly to Japan? 
5. How the settlement of the trip amount will be done if there will be any difficulties to fly to Japan? 

3. The very act of the O.Ps as mentioned above is tantamount to deficiency in service and unfair trade practices. As such, the O.Ps are liable to refund the entire amount along with pay compensation and litigation costs to the complainant for irreparable agonies like mental, financial, and physical. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to refund the entire amount of Rs.5,10,000/- with 24% interest per annum, compensation of Rs.2,00,000/- and litigation cost of Rs.55,000/- to the complainant in the best interest of justice. 
4. Notices were issued against the Opposite Parties but they neither choose to appear nor filed any written version. Hence all the O.Ps set exparte on dated 19.12.2022. 
5. To substantiate his case the complainant has filed his evidence on affidavit, documents as per the list, and written notes of argument.  
6. On the date of the exparte hearing of the case, we heard from the complainant and perused the case record and the materials placed on it. Accepting the offer from the O.Ps the complainant deposited the consideration amount of Rs.5,10,000/- only for two persons i.e. the complainant herself and her husband Dr Prabeen Kumar Rath on different dates by online transferring the amount from the account situated at State Bank of India, MCC Branch, Berhampur. The consideration amount of Rs.2,55,000/- and Rs.11,000/- were transferred through NEFT on 18th September 2019 and 24th September 2019 and Rs.2,44,000/- was transferred through RTGS on 20th September 2019 in favor of Design Ur Holidays Private Limited. The O.Ps scheduled the trip to Japan from 14th October 2019 to 20th October 2019. Acknowledging the receipts of amounts, the O.P.No.1 has issued emails on different dates i.e. on 19.09.2019, 20.09.2019, and 25.09.2019to Dr. Prabeen Kumar Rath, the Co-traveler and husband of the complainant in his email ID: drprabeenrath@yahoo.co.in but denied to issue invoice of the trip and mentioned in email dated 19.09.2019 that. “We will send you an invoice once the tour will be over”. As a result, the complainant has been in the dark about the amounts of particulars of the items for which the Ops have charged such a huge amount and is also in doubt that the OPs have deposited amounts with counterpart service providers in Japan. Unfortunately, there was Typhoon Hagibis in Japan was an extremely violent and large tropical cyclone break out before the scheduled date of the trip to Japan and caused widespread destruction across its path and lashed Japan on October 12 and 13 October 2019. Due to said the extremely violent and large tropical cyclone, the entire tour program was cancelled. The complainant approached and demanded to the O.Ps in a different possible manner to refund the amount taken from her but all in vain. 
7. We have also thoughtfully considered the submissions made before us by the advocate for the complainant. It is pertinent to mention here that though the opportunity was given to the O.Ps to defend the case they failed to do so. As such considering the sole testimony of the complainant it is presumed that the complainant’s contention is true. 
8. In the foregoing discussion, it is crystal clear that the Ops are negligent in rendering proper service to the complainant. Hence, in our considered view service is deficient on the part of the O.Ps. 
9. In the result, the complainant’s case is allowed on exparte against the O.Ps. The O.Ps are jointly and severally liable as such they are directed to refund Rs.5,10,000/- with 9% interest per annum from the date of the filling of the case together with Rs.30,000/- as cost of litigation to the complainant within 45 days from the date of receipt of this order, failing which all the dues shall be realized at the rate of 12% interest per annum. The case of the complainant is disposed of accordingly. 

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. A copy of this order be also sent to the Secretary, State Consumer Disputes Rederssal Commission, Odisha, Cuttack for information.

The file is to be consigned to the record room along with a copy of this Judgment.

PRONOUNCED ON: 02.05.2023.