Order-10.
Date-26/07/2016.
This is an application u/s.12 of the C.P. Act, 1986.
Complainants’ case, in short, is that the complainants went to OP1 with a dream to visit Kashmir. Complainants approached the OP as the OP is a holiday tour company. The tour package was scheduled to be conducted on and from 30-10-2014 to 12-11-2014. Complainant paid total amount of Rs.31,000/- to the OP1 but the tour as proposed was cancelled due to natural calamity as there was huge flood during the time of proposed scheduled that is from 30-10-2014 to 12-11-2014. Complainants have stated that they have no grudge about the cancellation of the tour because there is no hand over the act of nature. Complainants, thereafter, approached the OPs for refund of money but the OPs refused to refund the deposited amount to the complainants. Hence, this case.
OPs have neither appeared in this case nor filed any written version and the case has proceeded ex parte against the OPs.
Point for Decision
- Whether the OPs are guilty of unfair trade practice?
- Whether the OPs are guilty of deficiency of service?
- Whether the complainant is entitled to get the relief as prayed for?
Decision with Reasons
We have travelled over the pleading of the complainant and the documents on record including money receipts, copy of G.D.E. before Officer in Charge, Shakespeare P.S. alleging the entire matter, we find that the complainant paid Rs.5,000/- vide cheque being No.335056 dated 15-07-2014 and Rs.5,000/- in cash on the same date and Rs.21,000/- in cash on 08-09-2014. It appears that OP1 and 2 jointly took an amount of Rs.31,000/-. It appears that the tour programme was cancelled due to natural calamity but OPs have not refunded the total amount of Rs.31,000/- for the reasons best known to them.
None came from the side of the OPs to challenge or controvert the case of the complainants. In absence of any contrary and controverting materials on record and as the version of the complainants remains unchallenged and uncontroverted we think that the complainant is entitled to get the relief as prayed for.
In result, the case succeeds.
Hence,
Ordered
That the instant case be and the and the same is allowed ex parte against the OPs.
OP1 is directed to refund the amount of Rs.31,000/- with deduction at the rate of5 percent for processing charges thereof to the complainant apart from litigation cost of Rs.10,000/- within 30 days from the date of this order, i.d., the complainant will be at liberty to put the order into execution and in that event the OP1 will be liable to pay penalty at the rate ofRs.100/- per diem to be paid to this Forum till full and final settlement of the order.
No order against OP2 is passed.
