Case of the complainant in short is that he being a senior citizen paid Rs.45,630/- in cash on 17.11.2012 for purchasing air tickets well in advance for going to Port Blair , Andaman . Date of onward journey was 10.10.2013 and 17.10.2013 as return journey. But it is alleged that no air ticket was purchased by the OP no.2 and thereby refunded Rs.15,000/- in cash out of the said Rs.45,630/- and rest amount stands due till date despite repeated demands . Ultimately, the complainant has come before us with the prayer for refund of Rs.30,630/- with compensation and litigation cost Rs.30,000/- and Rs.10,000/- respectively .
The OP submitted Written version stating the entire case of the complainant with some explanation that the OP took necessary arrangement for E-tickets for air journey in favour of the complainant but the latter was not agreed upon for receiving the same on the ground that he will not tender any extra amount for the purpose of such E-ticket. In that event, the Op handed over a cheque bearing Rs.20,630/- which was unfortunately dishonoured due to shortage of fund . In that view , the op is ready to settle the matter by paying rest amount .
We have considered the case with the submission of both sides together with the affidavit in chief and Written argument. It is very much pertinent to our judicial appraisal that the statement for voluntary settlement raised by the oP in the Written version attracts a good generosity of the oP . This voluntary declaration for settlement should not be thrown out of the track for the purpose of disposal of this case.
Under the facts and circumstances , there demands no further discussions into the merit of the case but to pass order for payment of the rest amount together with a token amount of reasonable compensation and litigation cost in favour of the complainant.
Hence, the case be and the same is allowed in favour of the complainant.
The complainant is entitled to get refund of Rs.30,630/- and Rs.10,000/- for compensation and Rs.5,000/- as litigation cost payable by the oP within three months with effect from 1st payment of instalment of Rs.15,630/- by 23.6.2015, next instalments of Rs.15,000/- and Rs.15,000/- by 23.7.2015 and 24.8. 2015 respectively, in default , the complainant shall remain entitled to get interest @ 9.25% with effect from the date of filing of this case.
Let a copy of this order be made over to the parties free of cost.
