Date of Filing : 11/11/2022

Date of Judgement : 03/12/2024

Mrs. Monihar Begum, Hon’ble President In-charge

BRIEF FACTS

The complainants has filed the complaint before this commission u/s 35 of C.P. Act 2019 alleging inter alia deficiency in service and unfair trade practice on the part of the OPs mentioned herein above.

The factual matrix of the complaint case is that, on 08/06/2019, 15/07/2019 and 19/09/2019 complainants gave three account payee cheques of Rs.4,19,187/- (Rupees four lakh nineteen thousand one hundred eighty seven) only to the OPs for foreign tour i.e. EGYPTIAN WONDERS TOUR.  Complainants had paid in full and OPs duly acknowledged receipt of the said money.  After that, OPs provided electronic air tickets to them for the said tour i.e. EGYPTIAN WONDERS, bearing booking no. 1105368.  The said tour was scheduled to commence on 15/10/2019 and complainant was eagerly looking forward to the said tour and they had already applied for leave to their respective office and made various arrangements.  Suddenly on 03/10/2019, OP No. 2 sent a letter to the complainants intimating about cancellation of the said tour and promising to refund the amount with 12% interest per annum within 90 days from the date of cancellation i.e. 03/10/2019 from the booking date (08/06/2019).  On 04/11/2019 complainants submitted before the OPs the claim form along with declaration towards their claim for refund of their said amount of Rs.4,19,187/- already paid to the OPs alongwith 12% interest.

Inspite of repeated demand and requests, OPs had failed and neglected to refund the above amount of Rs.4,19,187/- (Rupees four lakh nineteen thousand one hundred eighty seven) only to the complainants.

Finding no other alternative, complainants through their Ld. Advocate issued a legal notice dated 15/12/2020 to the OPs.  The notice was delivered to the OPs calling for refund of the amount of Rs. Rs.4,19,187/- (Rupees four lakh nineteen thousand one hundred eighty seven) only, which was also not complied with and hence this complaint before this Ld. Commission.

The complainants had filed the connected documents in support of their contention, which included Money Receipts, banking particulars, e-mails on various dates etc.

Despite receipt of legal notice, containing the petition of complaint alongwith all documents, the OPs neither appeared nor filed any objection or any written version to contradict and contest the case of the complainants.  So the case proceeded exparte against the OPs.

The point for consideration is, whether the complainant is entitled to get relief(s) in this case.

FINDINGS

On perusal of the documents as produced by the complainants, it is found that the complainants had paid a total sum of Rs. Rs.4,19,187/- (Rupees four lakh nineteen thousand one hundred eighty seven) only in absolute good faith to the OPs for their family tour.  They also sent a lawyer’s notice on 15/12/2020 requesting the OPs to refund the entire amount of Rs.4,19,187/- (Rupees four lakh nineteen thousand one hundred eighty seven) only alongwith interest, which was not complied with by the OPs.

So, on going through the materials on record and also hearing the submission on behalf of the complainants, it is found that there was deficiency in service and unfair trade practice on the part of the OPs as they did not give proper service and failed to refund the amount as promised.  So, complainants are entitled to get refund of the entire amount of Rs.4,19,187/- (Rupees four lakh nineteen thousand one hundred eighty seven) only alongwith interest  @ 7% per annum from 08/06/2019 when the amount was advanced to the OPs.

Apart from this, complainants will be entitled to get Rs.8,000/- for cost of litigation.

Hence, it is

ORDERED

That the instant complaint CC 630/2022 stands allowed exparte against the OPs.

OPs are directed to refund Rs.Rs.4,19,187/- (Rupees four lakh nineteen thousand one hundred eighty seven) only alongwith interest @7% per annum from 08/06/2019 till realisation.

OPs are also directed to pay Rs.8,000/- to the complainants for cost of litigation.

The above payment will have to be made within 45 days from the date of this order.

In the event of non-compliance by the OPs, complainants will be at liberty to initiate necessary action as per law after expiry of the aforesaid period.

Dictated and corrected by

          Member