: J U D G M E N T :
The brief fact of the case is that the complainant purchased some certificates from the OPs / Tour Company on 13.10.12 regarding package tour and there was a condition that the amount of Rs. 19,116/- + Rs. 19,116/- + Rs. 19,116/- + Rs. 48,852/-, i.e., total Rs. 1,06,200/- is payable on cancellation by the tourist at the end of 13rd day of April, 2014. The complainant did not take part in said package Tour Programme. So the complainant was entitled to get of Rs. 1,06,200/- from OPs / Tour Company. But after expiry of 13.04.2014, the OP did not pay any amount to the complainant. The OPs adopted unfair trade practice.
The cause of action arose on and from 13.04.2014 when those certificates were matured but the OP refused to pay the matured value and its continuing day by day and in fact the OP has enough knowledge about the fact and even after compliance of all official norms of the OPs they have purposely and negligently kept the matter pending, for the reasons best known to them and as such, their acts shows that, there is ample deficiency in service and therefore your complainant has suffered a pecuniary loss of Rs. 1,06,200/- which is the matured value of those certificates and apart from this, he is also entitled to get compensation for causing mental pain and harassment by the OP.
The OPs company did not turn up even after service of summons. Not only that after paper publication, they did not come before the Forum for contesting their case. So the case runs exparte against them.
Now the Forum is to consider the following:-
- Whether the complainant is to be treated as consumer or not as per
Consumer Protection Act 1986.
- Whether there is any gross negligence or deficiency in service on the
part of OPs or not,
- Whether the complainant is entitled to get any relief as prayed for.
DECISION WITH REASONS
Point No. 1:
We have perused the complaint, brief note of argument along with relevant documents.
It is crystal clear that the complainant paid the following consideration amount to OPs in respect of tour card issued by OPs / Tour Company:-
- Rs. 16,200/- in 18 instalments (Annexure – 1)
- Rs. 16,200/- in 18 instalments (Annexure – 2)
- Rs. 16,200/- in 18 instalment (Annexure – 3)
- Rs. 41,400/- in 18 instalments (Annexure – 4)
Total Rs. 90,000/-
It is fact that the complainant paid the consideration amount mentioned above for getting proper service and under this situation as well as status of complainant & Ops, the complainant is to be treated as consumer as per Consumer Protection Act, 1986. Thus, point No. 1 is decided as per above observation.
Point Nos. 2 & 3
After careful perusal of Annexure – 1, 2, 3 and 4, it is admitted fact that the complainant paid Rs. 90,000/- to OPs on 13.10.12 in respect of advance payment of package value for package tour as offered by OPs / Bishal Inn Pvt. Ltd. It is also admitted fact that the amount of Rs. 19,116/- + Rs. 19,116/- + Rs. 19,116/- + Rs. 48,852/-, i.e., total Rs. 1,06,200/- shall be payable to the complainant on cancellation by the tourist. By way of affidavit the complainant stated that neither the complainant took part in the package tour nor the OPs / Tour Company paid the amount to the complainant in cancellation of tour programme by the tourist. OPs had ample opportunity to file written version but they have failed to file the same. OPs had also ample opportunity to make challenge against the allegation contained in the complaint, but they have lost the said opportunity. So the complaint remains unchallenged which also proves the allegation against the Ops. So, we hold that there is a clear deficiency in service and gross negligence on the part of the OPs. The complainant is entitled to get relief as prayed for. So the case succeeds exparte against Ops. Point Nos. 2 & 3 are thus decided,
Hence,
Ordered,
That the case No. CC/2014/117 be and the same is allowed exparte against OPs with cost of Rs. 1,000/-. That the OPs are hereby directed to pay Rs. 1,06,200/- plus cost of Rs. 1,000/- i.e., totalling Rs. 1,07,200/- to the complainant within 30 days from the date of order i.d., interest @ 9% p.a. shall be charged upon the awarded amount till full realization.
Let the copy of this order be supplied to the parties free of cost.
