D.O.F. 11.05.2011
D.O.O. 12.10.2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR
Present: Sri.K.Gopalan : President
Smt. K.P.Preethakumari: Member
Smt.M.D.Jessy : Member
Dated this the 12th day of October, 2011.
C.C.No.152/2011
Mrs. Smyla,
W/o. Prasad Chakkara Mathan,
‘Smyla’, P.O. Thottada : Complainant
Thavakkara, Kannur
(Rep. by Adv. C. Mohan)
1. M/s. Vivekananda Travels (P) Ltd.,
International Polgrim and Picnic
Package Tour Operators (Head Office),
G.H. Road, Calicut – 673 004,
Rep. by its General Manager : Opposite parties
2. M/s. Vivekananda Travels (P) Ltd.,
K.V.R. Tower, 2nd Floor, TPS 373,
South Bazar, Kannur – 670 002,
Rep. by its Manager.
O R D E R
Sri. K. Gopalan, President.
This is a complaint filed under Section 12 of Consumer Protection Act for an order directing opposite parties to reimburse the amount ` 1,00,000 received as the charge of tour program and to pay ` 50,000 as cost and compensation for the sufferings of complainant.
The case of the complainant in brief are as follows : Complainant with her husband and two children contacted with opposite party for a to-and-fro tour programme to Singapore and Malaysia. This opposite party No.2 received 4 passports from the complainant for the purpose of making ready the visa. ` 1,00,000 was received by the opposite party as the charge of tour programme. The date of tour was fixed on 09.05.2010. But on the day before the fixed day of tour it was intimated that the tour could not commence on that day and the future date would be informed. No reason was assigned for this. Complainant tried to contact him several times but in vain. Thereafter opposite party neither arranged any tour, nor he returned the amount paid by the complainant. The complainant’s husband is an employee in a gulf country. He adjusted to come on leave with an intention to spend his time with family which includes this tour program also. Cancellation of the tour created much disappointment and mental agony to the whole family. Complainant contacted the opposite parties several times to get back the amount but they did not pay the amount back. Lawyer notice was sent but they sent no reply or return the money. Hence this complaint.
After receiving the complaint Forum sent notices to both opposite parties. Though they were served properly and acknowledgment returned, both opposite parties remained absent continuously and declared them exparty subsequently. Afterwards evidence was taken. Complainant examined himself and marked Ext.A1 to A5.
The points to be considered is whether there was any deficiency in service on the part of opposite party and whether the complainant is entitled for the remedy as prayed for?
Complainant adduced evidence by way of chief affidavit in line with the pleadings. Complainant stated that she has booked for Singapore-Malaysia tour program for her family four in number on the basis of special offer of the opposite party. Opposite party received passport of all the four and issued receipt Ext.A1. It was for the purpose of obtaining visa. Ext.A1 receipt shows four numbers of passport which are separately recorded. It proves that opposite parties has received all those 4 passports for the purpose of getting visa. The tour was fixed on 09.05.2010. Complainant states that an amount of ` 1,00,000 was paid to opposite party. Ext.A2 is the receipt . It proves an amount of ` 1,00,000 has been paid to opposite party for Singapore-Malaysia tour starting on 09.05.2010 four tour passengers. Ext.A3 Booklet reveals that opposite party’s Tour operator is approved by Govt. of India, under Ministry of Tourism. Complainant further states that opposite party informed them on 08.05.2010 over telephone that the tour could not be commenced on 09.05.2010 and future would be informed. Thereafter all their attempts to contact opposite parties happened to fail and they have neither conducted the tour nor refund the amount paid by the complaint. The evidence of complainant further reveals that her husband came from abroad and booked for tour package inorder to spend the vacation with family and the cancellation of the tour programme created much disappointment and mental agony. Especially the disappointed children were suffered with much mental agony. It is quite natural that the family especially the children those who were eager to go for a tour under this situation would be in a pathetic condition with deep feelings. Opposite parties did not even respond to the lawyer notice send by the complainant.
The evidence including Ext.A1 to A5 undoubtedly establish the case of the complainant which according us sufficient enough to conclude that there is deficiency in service on the part of opposite party. The opposite parties did come forward to defend the case because they are having only empty hands with unjustifiable reasons. Remaining absence from conducting the case and non-replying legal notice itself reveals that act of opposite parties is a deceptive practice deserving heavy toll. Hence we are of opinion that opposite party is liable to refund the amount ` 1,00,000 with interest at the rate of 12% from the date of filing of this complaint together with ` 15,000 as compensation and a sum of 500 as cost of this litigation and order passed accordingly.
In the result, the complaint is allowed directing the opposite parties to refund the amount of ` 1,00,000 (Rupees One lakh only) as the tour amount and to pay an amount of ` 15,000 (Rupees Fifteen Thousand only) as compensation together ` 500 (Rupees Five hundred only) as cost of this proceedings within 30 days of receipt of this order failing which the opposite parties are liable to pay the interest @ 18% from the date of order to realization. Complainant is at liberty to execute the order after the expiry of 30 days.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the Complainant
A1. Receipt issued by the 2nd opposite party.
A2. Receipts for 1,00,000 issued by 2nd OP.
A3. Booklet issued by OP about tour programme.
A4. Copy of lawyer notice dated 17.08.10.
A5. Acknowledgment.
Exhibits for the opposite party
nil
Witness examined for the complainant
nil
Witness examined for the opposite party
nil
/forwarded by order/
SENIOR SUPERINTENDENT
