O R D E R

JUDGEMENT BY SRI V.A.PATIL, PRESIDENT

1.     This is a complaint filed by the complainant under section 12 of the C.P.Act 1986, against the O.P. praying for refund of money along with interest and the compensation and costs of the complaint, for the deficiency of service.
2.     The brief facts of the case are:-

The O.P. is conducting the package tours in and out side the country.  Accordingly, he arranged the 4N/5D tour to “DUBAI” from 22.01.2014 to 26.01.2014.  So, the complainant booked the tour with O.P. and made payments as below:-

1. ` 39,700/- on 07.11.2013.
2. ` 1,00,000/- on 11.11.2013.
3. ` 95,000/- on 19.12.2013.
4. ` 20,000/- on 18.01.2014.

The complainant has insured all the family members who are going for the said tour.

3.     It is also agreed that it is the responsibility of the O.P. to get the “VISA” for the said tour.  Hence, the complainant had handed over all the passports to the O.P. well in advance.  But even though the date for going on tour was fast approaching, nothing was heard from the O.P. in respect of the VISA.  When the complainant enquired about the VISA and other information regarding the said tour, the O.P. expressed his inability to obtain the VISA.  Therefore, the family members could not go on tour, as proposed by the O.P.  After enquiry the O.P. assured for refund of the money paid by the complainant along with the insurance amount and other expenses incurred by the complainant, within 15 days, but the O.P. failed to perform his promise.  Hence, lastly the complainant issued the notice to the O.P. on 21.05.2014 which is served on him on 28.05.2014.  Inspite of the said notice, the O.P. has neither replied nor complied the promise.  Hence, with no other way, the complainant approached this Forum seeking the remedy against the O.P, praying for refund of the money with interest along with the compensation and costs of the complaint etc.,
4.     After admission of the complaint, as usual issued the notice to the O.P. by RPAD.  The same is returned as “NOT-CLAIMED” on 23.09.2014.  Hence, the O.P. is placed             “Ex-parte”.  Thereupon, the complainant has filed the affidavit in lieu of evidence and relied upon several documents in support of his case and closed his evidence.  The complainant has also filed the written arguments.
5.     In view of the contentions taken by the complainant and the arguments submitted, the points that arise for our consideration are

1. Whether the complainant is entitled for the reliefs sought for in the complaint?
2. What order?

6.    Our findings on the above points are as follows:

1. Partly Affirmative
2. As per the final order

:: R E A S O N S ::

7.    Point No.1:- As per the averments of the complainant, it is the case of the complainant that he has entered into an agreement with the O.P. and as per the terms of the said agreement, as the O.P. is in the business of conducting the tours in and out side the country, the complainant booked the tour to DUBAI and it is evident that the O.P. has received the fair for the tour as mentioned Supra and after the receipt of the said money, the O.P. has not acted as per the agreement.  The four receipts given by the O.P. to the complainant clearly shows that the O.P. has received the said amount and failed to perform the duty on his part, in spite of the notice given by the complainant, which clearly shows deficiency in service on the part of the O.P.
8.    Therefore, having regard to the facts and circumstances of the case taking into consideration that the complainant is entitled for the award of ` 2,54,000/-, paid to the O.P. with interest at the rate of 12% p.a. from 07.11.2013 and is also entitle to receive the insurance premium amount of ` 7,899/- and the other expenses of ` 3,000/- incurred along with the sum of           ` 2,000/- towards the cost of the complaint. Hence, we answer the point No.1 in partly affirmative.
9.  Point No.2:- In view of the reasons and findings recorded on point No.1, we hold that the complaint deserves to be allowed as stated Supra, in the ends of justice and equity.  Hence, in the final result, we proceed to pass the following

:: O R D E R ::

1. The complaint is partly allowed against the O.P.
2. The O.P. is directed to refund the entire amount of ` 2,54,000/- received from the complainant along with interest at the rate of 12%p.a. from 07.11.2013 till the date of refund.
3. The O.P. is also directed to pay the sum of              ` 7,899/- paid by the complainant towards the insurance premium and ` 3,000/- towards other expenses made by the complainant.
4. The O.P. is also directed to pay the cost of litigation of ` 2,000 to the complainant.
5. The O.P. is directed to comply with aforesaid orders within sixty days from the date of receipt of copy of this order.
6. Furnish the copies of this order to the parties, at free of cost.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 20^th day of June 2015)

             (V.A.PATIL)                       (M.V.BHARATHI)

             PRESIDENT                            MEMBER