BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.1221-2016

DATED ON THIS THE 21^st October 2016

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri H.M.SHIVAKUMARA SWAMY,

President

1.     This complaint is filed for a direction to opposite parties to pay a sum of Rs.1,26,700/- with interest at 18% p.a. and costs.
2.     The brief facts alleged in the complaint are that the complainant after seeing an advertisement in local newspaper relating to an offer by “Go Enjoy Holiday” travel agent offering trips to different places.  The complainant approached the said agency and made payment of Rs.96,500/- on different dates.  Thereafter there was no response from the opposite party or intimation regarding the trips.  Then the complainant approached several times in the month of October 2015 for repayment of the amount.  The opposite party assured to pay part amount.  But, even that, amount was not paid.  Thereby, a legal notice issued on 12.02.2016, there is deficiency in service on the part of opposite party.  Thereby, complainant sought for an order. 
3.     After registering the complaint, notice was issued to the opposite party.  In spite of service of notice, opposite parties absence, placed exparte.  Then this matter is set down for evidence.
4.     During evidence, on behalf of complainant, affidavit  evidence of complainant filed.  Further evidence closed. After hearing arguments, this matter is set down for orders.
5.    The points arose for our consideration are:-

1. Whether the complainant establishes that the opposite party has offered a trip to different places, thereby collected the amount from her and failed to arrange the trip, thereby there is deficiency in service on the part of opposite parties, as such she has entitled for reliefs claimed?
2.  What order?

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

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- The complainant has made payment of Rs.96,500/- on different dates under different receipts.  By going through the receipts as well as evidence of complainant, it is clear that the opposite parties assured to arrange the trip and received the amount.  But, failed to perform their part of the obligation and failed to arrange the trip.  Thereby, there is deficiency in service on the part of opposite party.  The same has to be suitably compensated in addition to refund of the amount with interest paid by the complainant.  Hence, point No.1 for consideration in the partly in the affirmative.
8.    Point No.2:- In view of the findings recorded on point No.1, opposite parties are to be directed to pay a sum of Rs.96,500/- with interest at 18% p.a. from 30.04.2015 till payment.  Apart from that, opposite parties are liable to pay compensation of Rs.5,000/- and litigation expenses of Rs.2,000/-.  Hence, the following

:: O R D E R ::

1. The complaint is partly allowed.
2. The opposite parties are jointly and severally directed to pay Rs.96,500/- with interest at 18% p.a. from 30.04.2015 till payment.
3.  The opposite parties are jointly and severally directed to pay compensation of Rs.5,000/- and litigation expenses of Rs.2,000/- to the complainant, within 30 days from the date of this order.
4.  In default to comply, the opposite parties shall pay interest at 12% p.a. on the said total sum of Rs.7,000/- from the date of this order till payment.
5. In case of default to comply this order, the opposite parties shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
6. Give the copies of this order to the parties, as per Rules.

(D