Ex-parte Judgment dt. 24.11.2015

            The case is taken up for delivery of ex-parte judgement.

            It is the case of the complainant that the OPs conducted a tour programme and entered into a contract with the complainant(s)  and other petitioners paid the amount to the OPs to the tune of Rs.1,70,000/- in total and proper receipts were issued by the OPs. All on a sudden, the OPs informed the complainant(s) that the tour programme has been cancelled and asked to the complainant(s) to avail of another programme and demanded further amount including charge to be imposed for accompanying children of the complainant(s). The complainant(s) before starting this proceeding sent a lawyer’s letter through their Advocate but in spite of receiving this letter the OPs did not keep any contact either with the complainant(s) or with their Advocate.

            Finding no other alternative the complainant(s) filed this case praying for realization of the amount advanced to the OPs to the tune of Rs.1,70,000/- plus interest @ 10% p.a.

            It is noted that during the pendency of this case Summons was served upon the OPs, the parties received the Summons which was sent through speed post and track record of the speed post confirmed that Summons were served upon the OPs. It is pertinent to mention there that the complainant(s) in order to prove the case filed some documents including money receipts and the Lawyer’s letter but the OPs did not turn up, as such we hold that the complainant(s) have been able to prove their case and they will be able to get back the amount paid to the OPs to the tune of Rs.1,70,000/- plus interest @ 8% p.a. till the realization of the said amount.

             Hence, it is

                                                O R D E R E D

            that the instant petition of complaint CC No.38/ 2015 is allowed ex-parte against the OPs. The complainant(s) will be entitled to get the amount of Rs.1,70,000/- from the OPs with 8% interest from the received of the amount by the OPs. All the OPs are directed to pay the said amount within 60 days from the date, failing which the complainant(s) will be entitled to get @ 9% p.a. on the accumulated amount including the principal amount plus 8% p.a. till the realization of the amount.

            Let the copy of this order be handed over to the complainant(s) forthwith free of cost.