Olavakkode                                               -        Opposite parties   

   (By Adv.V.Krishnadas)                                               

O R D E R

            By  Smt.SEENA.H. PRESIDENT

          Complaint in brief:

Complainant entered into an agreement with opposite party who is a tour operator whereby the  parties agreed to deposit an amount of Rs.1 lakh with opposite party for a period  of 1 year on condition to return the amount after 1 year without interest.  It is agreed that during the period of deposit complainant will be eligible for a free tour to Thailand for a period of 7 days.  Travel expenses including food and accommodation was agreed to be met by the opposite parties.  Accordingly complainant deposited an amount of Rs.1 lakh on 9/3/2009.  The grievance of the complainant is that opposite parties neither arranged the free tour as agreed nor returned the deposited amount even though demanded.  Hence, the complaint.  Complainant prays for return of the deposited amount with interest and Rs.20,000/- as compensation.

Opposite parties filed version contending the following:

Opposite parties admits the agreement between the complainant and opposite parties.  Deposit of Rs.1 lakh is also admitted. According to opposite  parties, tour was arranged on the agreed date  itself, but it was cancelled due to the inconvenience of the complainant.  Further opposite parties was ready  to issue cheque for the deposited amount, but complainant was not ready to accept the same.  Later as per the request of the complainant, opposite parties agreed to deposit the amount in instalments in the account of the complainant.  Opposite parties has paid Rs.40,000/- to the complainant and has sought time for the balance amount which was agreed by the complainant.  Opposite party is always ready to pay the balance amount by way of instalments.  According to  opposite parties, they are not liable to pay any amount as claimed in the complaint. 

The evidence led by the complainant consists of the chief affidavit and Ext.A1 to A3.  Opposite parties has not filed any chief affidavit. 

Issues for consideration are

1. Whether there is any deficiency in service on the part of opposite parties?
2. If so, what is the relief and cost complainant is entitled to ?

Issue No.1

The facts of the case are more or less admitted by the opposite parties.  Agreement between the parties and deposit of Rs.1 lakh by the complainant is admitted by opposite parties.  The original agreement marked as Ext.A3 shows that complainant has deposited an amount of Rs.1 lakh with opposite parties.  As per the terms and conditions stipulated in the agreement the deposit period will end on 8/3/2010 and on completion of 1 year period,  opposite parties has to return the amount to the complainant without any interest.  Also complainant will be entitled for a free tour to Thailand for seven days at the expense of the  opposite parties.  The grievance of the complainant is that opposite parties neither paid the deposited amount nor fulfilled the promise of free tour.

Opposite parties on the other hand contented that they were always ready to issue cheque for the deposited amount, but it is the complainant  who refused to accept the same and later it is only at the request of the complainant that the amount agreed to be deposited as instalments in the account of the complainant.  This contentions seems to be unbelievable.  No prudent person will refuse to  accept the deposited amount when offered or request  for payment by instalments.  Further the contention is not proved by any convincing evident.  It is also to be noted that opposite parties has not filed any chief affidavit.  Further contention that opposite parties has arranged for the tour is also not supported by any evidence.  The evidence on record establishes the gross deficiency of service on the part of opposite parties.  Opposite parties has not fulfilled the promise as agreed which will also amounts to unfair trade practice on the part of opposite parties.  Deficiency  in service  having been established complainant is entitled for the deposited amount.  The dream of a free foreign tour is also not fulfilled due to the act of opposite parties which will also have the added mental pain of the complainant for which complainant has to be adequately compensated.

Issue No.2

Complainant in the chief affidavit has stated that he has received Rs.50,000/- out of Rs.1 lakh from opposite parties during the month December 2010 and January 2011.  Hence complainant is entitled for the balance amount of Rs.50,000/- with 12% interest from the date of maturity  i.e. 8/3/2010 to the date of order.  It is noted that the part payment is also not made within time.  For the delay in making the said payment, for mental agony and as compensation for the unfair trade practice exercised by opposite parties, complainant is entitled for a sum of Rs.10,000/-. 

          In the result complaint is allowed and opposite party is directed to pay complainant an amount of Rs.50,000/- (Rupees Fifty thousand only)  with 12% interest from the date of maturity to the date of order.  Complainant is also entitled for an amount of Rs.10,000/- (Rupees Ten thousand only) as compensation for mental agony and compensation for the unfair trade practice.   Order to be complied within one month from the date of receipt of order failing which the whole amount shall carry interest  at the rate of 9% per annum  from the date of order till realization.

Pronounced in the open court on this the 23^rd  day of August 2011.

       Sd/-

                                                                             Smt.Seena.H.

                                                                                 President

Sd/-

                                                                             Smt.Preetha G Nair

                                                                                    Member

Sd/-

                                                                             Smt.Bhanumathi A.K.

                                                                                     Member

APPENDIX

Exhibits marked on the side of the complainant

Ext.A1 – Original Receipt No.736 dt.9/3/09 for Rs.1,00,000/- issued by

             2^nd opposite party

Ext.A2 – Original Receipt No.737 dt.9/3/09 Rs.Nil issued by 2^nd opposite party.

Ext.A3 – Agreement executed by the 1^st respondent (original)

Exhibits marked on the side of the opposite parties

Nil

Cost allowed

No cost allowed.