Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
25th day of January 2023
CC 151/21 filed on 07/04/21
Complainant: Dr.Fazeel Ahammed, S/o M.K.Ibrahim, Machil House,
Vilvattom Village, Manookad Desom, Thrissur
Engineering College.P.O, , Thrissur- 680 009.
(By Adv.C.Thomas Kurian, Thrissur)
Opposite Parties: 1. Dream Casters Holidays Pvt.Ltd, TC 16/1853 (3),
Srirudram, 1st Floor, Near DPI Junction, Jagathy,
Thiruvananthapuram- 695 014.
Rep.by Operationas Manager, Rahul Raj.I.V @
IndravaRajan Valayil Raj Rahul.
2. RahulRaj.I.V @ IndravaRajan Valayil Raj Rahul,
Director, Dream Casters Holidays Pvt.Ltd, TC
16/1853 (3), Srirudram, 1st Floor, Near DPI Junction,
Jagathy, Thiruvananthapuram- 695 014.
3. Sreejith @Sreejith Chitra Sreekumar,
S/o Sreekumar, Chitra House, Director,
Dream Casters Holidays Pvt.Ltd, TC 16/1853 (3),
Srirudram, 1st Floor, Near DPI Junction, Jagathy,
Thiruvananthapuram- 695 014.
4. Sun International Tours & Travels,
Sree Narasimha Shopping Complex, TC 26/1588,
Secretariat South Opposite YMCA Statue,
Thiruvananthapuram- 695 001. Rep. by
Sole Proprietor, S.Rahim.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
At the end of year 2019, the opposite parties through their public advertisements offered European Splendors-04 Countries Fantastic Europe Tour to Switzerland, Germany, Belgium and France between 12/04/20 and 18/04/20 and offered a family package for total Rs.1,80,000/- (Rupees One lakh eighty thousand only). The complainant accepted the travel trip package offer and made entire payments to the 1st opposite party. The opposite parties on 02/12/19, received from the complainant, an amount of Rs.1,00,000/- through the 1st opposite party’s SBI account number 37967950891. On 29/01/20, two payments of Rs.40,000/- each were made by the complainant to the account of 1st opposite party in SBI account number 67352355478. The complainant, his wife and minor children submitted the valid travelling documents including their original passports for visa stamping in the 1st opposite party’s company. Due to Covid 19 issues the trip was cancelled. Hence the complainant approached the 1st opposite party’s company for the refund of the entire payment made by the complainant. Unfortunately there was no reply from the opposite party’s side about the refundable amount and the opposite party did not paid Rs.1,80,000/- and Rs.20,000/- which received towards visa stamping. Hence, the opposite parties are liable to pay back the sum of Rs.1,80,000/- and the expense of visa stamping to the complainant. Complainant and their family faced hardship and loss due to the defect in service of the opposite party. Hence this complaint.
2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.
3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced four documents which are marked as Exts. A1 to A4. Ext.A1 is the brochure booklet disclosing the details of trip; Ext.A2 is the copy of chalan regarding the payment of Rs.1,00,000/- to the a/c No. 37967950891 dated 02/12/19; Ext.A3 is the copy of chalan regarding the payment of Rs. 40,000/- to the a/c No.67352355478 dated 29/01/20 and Ext.A4 is the copy of chalan regarding the payment of Rs.40,000/- to the a/c No.67352355478 dated 29/01/20.
4) The case of the complainant is that the opposite party invited European Splenders-04 Countries Fantastic European Tour to Switzerland, Germany, Belgium and France during the period from 12/04/20 to 18/04/20 and offered a family package for total Rs.1,80,000/-. He accepted it and payment made to opposite party. Due to Covid 19 the trip cancelled and complainant demanded refund of money. But opposite party did not refund the amount. We have gone through the pleadings and documents produced by the complainant. Ext.A1 proves the offer of opposite party invitation to European trip. Ext.A2 to A3 proves the payment made by the complainant. Since there is no contra evidence available before us, we are inclined to allow this complaint.
In the result complainant allowed and hereby direct the opposite parties to pay Rs.1,80,000/- (One Lakh Eighty Thousand Only) with 9% interest from the date of complaint ie, 07/04/21 till realization and further directed to pay Rs.3000/- (Rupees Three thousand only) as cost to the complainant within one month from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 25th day of January 2023.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 is the brochure booklet disclosing the details of trip.
Ext. A2 is the copy of chalan regarding the payment of Rs.1,00,000/- to the
a/c No. 37967950891 dated 02/12/19.
Ext. A3 is the copy of chalan regarding the payment of Rs. 40,000/- to the
a/c No.67352355478 dated 29/01/20.
Ext. A4 is the copy of chalan regarding the payment of Rs.40,000/- to the
a/c No.67352355478 dated 29/01/20.
Id/-
Member
