Date of Filing : 02/03/2021
Date of Judgement : 18/09/2024
Sri Manish Deb, Hon’ble Member
That the fact of the case is that the complainants along with another members namely Mr Somnath Maitra who is the son of complainant No.1 and the complainant No.2 is a cerebral palsy patient (Spastic by birth) intended to visit Europe.
That the opposite party on being approached agreed to arrange the said tour for complainants and demanded Rs.6,59,866/- for the said tour.
That the complainants accordingly paid the said amount to the opposite party for the said tour.
That the opposite party however could not arrange the said tour due to their internal difficulty and problem and as such the said tour stands cancelled.
That the opposite party on such cancellation of the tour due to their fault agreed to refund the deposited amount along with interest, but actually they did not do so.
That the complainants severally requested the opposite party to refund the deposited amount along with interest and submitted the claim but without any result.
That the opposite party vide their letter dated 01.10.2019 regretted their fault in respect of arranging the tour which was scheduled on 7th October, 2019 and intimated that they would refund the said deposited amount along with 12% interest thereon within 90 days from that date but till date the opposite party did not pay the same, and it was a gross negligence and deficiency of service on the part of the opposite party .
That the complainants under such circumstances having finding no other alternatives has to come up with the complaint application before this commission for necessary order directing the opposite party to pay Rs.6,59,866/- along with 12% interest thereon from the date of payment till refund.
The Complainant has demanded for refund of the amount with interest. But again the OP paid a deaf ear to it. Thereafter complainant filed this complaint before this commission with the prayer to direct the OP to refund Rs. Rs.6,59,866/- along with interest and to pay compensation for harassment and mental agony of Rs.1,00,000/- and cost of litigation of Rs.50,000/-.
POINTS FOR DECISION are
- Whether the complainant fall in the category of the “Consumer” under Consumer Protection Act,2019.
- Whether the complainant is within limitation under C.P.Act,2019.
- Whether the commission has the jurisdiction to decide the present complainant.
- Is the case is maintainable or not.
- Is the complainant is entitled to get relief as prayed for.
OBSERVATION
The complainant fall in the category of the “consumer” under C.P. Act, 2019.
The complaint is filled within two years from the date on which the cause of action has arisen.
The main question for consideration before us is whether the opposite parties is deficient by not completing the said project and could not hand over the possession of the plots as stated in the compliant petition.
Our view is that the opposite parties are liable in deficiency in service and unfair trade practice as alleged as the complainant.
And we considered that entitlement of getting relief sought by the complainant is also affirmative.
That the complainant submitted that complainant’s prayer made should be allowed otherwise complainant would be seriously prejudiced which cannot be compensated by any means.
The OP has not contested the case , as such the ops have not filed any written version in the case , even the op has not submitted any reliable documents regarding its incapability to return back the deposited money to the complainant. The name of op No.2 has been expunged from the cause title as per prayer of the complainant.
We have applied our mind and meticulously gone through the materials on record. We find reasonable ground and proof in support of complainant contention.
By all means we are of the opinion that non filing of evidence and assurances of making payment by the OP is a clear cut proof of deficiency in service on the part of the OP, and there was an established fact of deficiency in service by way of making breach of contract as per the agreement so called.
Thus, the case of the complainant stands successfully established and thereby the complainant is found eligible to get the relief.
Hence it is
ORDERED
That CC No.121/2021 is allowed against the OP.
- OP is directed to refund the amount of Rs.6,59,866/- along with interest @ 9% p.a. for the period from the date of payment made by the complainant for tour plan and tour till the date of actual payment.
- OP is further directed to pay Rs.50,000/- as compensation to the complainant for harassment .
- OP is also directed to pay Rs.10,000/- towards the cost of litigation to the complainant.
All the above payments should be made within 60 days from the date of this order.
In the event of non compliance by the OP, the complainant shall be at liberty to initiate necessary action as per law after expiry of the aforesaid period.
Dictated and corrected by
Member
