Order No. 25 Dated 27-11-2015
The case of the complainant in short is that complainant has a SBI credit card bearing no.4317 5756 1434 5198. Complainant stated that on 26.4.10 somebody from SBI credit card talked with him over telephone that he was lucky enough to have been selected for a privilege circle holiday and for two peoples for two nights and three days in 3/4 star hotel worth about Rs.25,000/- to Rs.30,000/- together with free air passage for selected place and a wrist watch all for Rs.6067/- only.
Complainant further stated that on 18.5.10 o.p. is demanded from complainant a sum of Rs.5867/- only deducting Rs.200/- from Rs.6067/- as stated above and the said to be paid before 7.6.10. On 9.6.10 complainant paid SBI credit card a sum of Rs.5867/- through a cheque no.863020 drawn on SBI A/C. Complainant further stated that the same has been acknowledged by o.p. Photocopy of the said statement has been annexed by complainant with the petition of complaint as annex-B. Complainant further stated that on 4.8.10 complainant intimated three destinations for visit with three sets of dates of travel between 7.11.10 and 30.11.10 and sent it to the tour operator “Heritage Holiday Pvt. Ltd. at New Delhi”. Photocopy of the said booking form has been annexed by complainant with the petition of complaint as annex-C. Complainant further stated that the said Heritage Holiday Pvt. Ltd. deducted Rs.250/- as handling charge which is evidence from annex-C which has been annexed by complainant with the petition of complaint. After a great deal of persuasion o.p. had not settled any date or any place of tour programme and finally on 30.10.10 the tour operator as stated above informed over telephone that there was absolutely no room available in any hotel as mentioned in the booking form on any of the three dates as mentioned therein.
At this juncture on 17.11.10 complainant wrote a letter claiming refund of money paid to them but he had not received any reply. Complainant stated that he made a lot of communications for refunding the amount deducted i.e. Rs.5867/- only, but all in vain. Under such circumstances, complainant filed the instant case with the prayers contained in the prayer portion of the petition of complaint.
Sole o.p. appeared before this Forum by filing w/v and contested the case. O.p. submitted that the case absolutely baseless andprayed for dismissal of the case on the ground that the case is suffering from mis joinder / non joinder of parties since complainant did not implead the Heritage Holiday Pvt. Ltd. as a party of this case and without whom the case cannot be adjudicatd properly. O.p. has raised aforesaid question by filing a petition challenging the maintainability of the case during pendency of the case. After having heard both the sides this Forum has already rejected the petition praying for non maintainability of the case vide order no.5 dt.3.10.12 and as such, at this stage there is no scope of this Forum to adjudicate on the same point as has already been adjudicated as stated hereinabove.
Decision with reasons:
Upon considering the submissions of both the parties and on careful scrutiny of the entire materials on record, this Forum holds that complainant has successfully proved his case in respect of deficiency of service rendered by o.p. In view of above, this Forum considered that complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to refund a sum of Rs.5867/- (Rupees five thousand eight hundred sixty seven) only to the complainant being the deducted amount for the purpose as stated hereinabove and is further directed to pay compensation of Rs.1000/- (Rupees one thousand) only for harassment and mental agony and litigation cost of Rs.500/- (Rupees five hundred) 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.
