Order No.   19    Dated   15-02-2016.

       The case of the complainant in short is that complainant contacted with o.p. to participate in the tour programme to Manas Kailash for the period from 18.9.11 to 3.10.11. As per terms and conditions complainant paid a sum of Rs.60,000/- in cash on 6.9.11 as advance amount for total consideration of Rs.75,000/- for the package tour in question. O.p. issued proper money receipt against the payment. O.p. issued the tour itinerary for 18 days of tour which was likely to start from 18.9.1 and end on 3.0.11. On 6.9.11 complainant handed over his passport to obtain visa to travel Manas and Kailash to the sales executive of o.p. All on a sudden ops. cancelled the tour programme and complainant was informed by them over phone and complainant was asked to meet the CEO of o.p. at their office. After meeting with CEO of o.p.,  the complainant was offered for an option of refund of deposited money or joining for the next year tour. Complainant opted for refund of deposited amount and o.p. handed over two post dated cheques dt.20.10.11 and 11.11.11 for a sum of Rs.30,000/- along with a covering letter but those two cheques were dishonoured. Thereafter complainant visited the office of o.ps. several times and finally o.p. paid a sum of Rs.10,000/- in cash and handed over a cheque of Rs.30,000/-. Thereafter complainant approached on repeated occasions requesting for refund of Rs.20,000/- for balance due amount  but o.p. was reluctant to refund the same. Finding no other alternative complainant filed the instant case with prayer for refund of Rs.20,000/- and interest along with compensation and cost.

            In spite of receipt of notices o.p. did not contest the case by filing w/v and as such, matter was heard ex parte against the o.p.

Decision with reasons:

            We have gone through the evidence of complainant and documents in particular. It is admitted fact that being attracted by the advertisement given by o.p. published in daily newspapers complainant contacted with o.p. to participate in the tour programme of Manas Kailash Yatra conducted by o.p. The programme was scheduled for the period from 18.9.11 to 3.10.11. As per terms and conditions complainant paid Rs.60,000/- on 6.9.11 as advance booking amount. O.p. issued the proper money receipt being no.342 dt.6.9.11 against the aforesaid payment. O.p. also issued the booking invoice dt.6.9.11 which clearly mentioned the total cost for the package tour and the amount of balance amount payable by complainant. Complainant was informed over phone that the tour had been cancelled just before the date of journey. Then complainant contacted with o.ps. requesting to refund the amount of Rs.60,000/- paid by him. After meeting with CEO of o.p., the complainant was given two options – either refund of deposited money or to join for the next year tour. Complainant opted for the first proposal. On 20.10.11 o.p. gave two post dated cheques for a sum of Rs.30,000/- which were dishonoured. Thereafter, o.p. refunded Rs.10,000/- in cash and handed over a cheque of Rs.30,000/- out of his total deposited amount of Rs.60,000/-. Being an octogenarian complainant went from pillar to post to recover his balance due amount of Rs.20,000/-. Being unchallenged testimony we have nothing to disbelieve the documents which were annexed with the complaint petition. O.p. cancelled the tour programme for the reasons best known to them. Even after receipt of the notice o.p. neither appeared before the Forum nor filed w/v. In view of above, we find unfair trade practice as well as deficiency in service on the part of o.p. and as such, complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed ex parte with cost against the o.p. O.p. is directed to refund a sum of Rs.20,000/- (Rupees twenty thousand) only to the complainant and are further directed to pay compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.10000/- (Rupees ten thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.         

            Supply certified copy of this order to the parties free of cost.