Date of filling: 19.12.2018
Date of order:27.09.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A., B.L. PRESIDENT
THIRU. R. ASGHAR KHAN, B.Sc., B.L. MEMBER – I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER-II
TUESDAY THE 27thDAY OF SEPTEMBER 2022
CONSUMER COMPLAINT NO. 32/2018
K. Jaya Krishnan,
Son of Late. M.S. Kalyanaraman,
No. 41/55, Subramaniya Swamy Koil Street,
Kosapet, Vellore 632 001,
Vellore District. ...Complainant
-Vs-
Harikrishnan,
Tour Organizer,
Yadhavar Street,
(OppJayamuruganTheater),
Sankaranpalayam,
Vellore – 632 001,
Vellore District. ...Opposite party
Counsel for complainant :Thiru. A. Lakshmipathy
Counsel for opposite party :Thiru. G. Krishnamurthy
ORDER
THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L.PRESIDENT,
The complaint has been filed under section 12 of Consumer Protection Act, 1986. The complainant has prayed this Hon’ble Commission to direct the opposite party to return the balance tour amount of Rs.3,000/- and to pay as sum of Rs.22,000/- as compensation and to pay Rs.5000/- towards cost of the complaint.
1.The case of the complaint is briefly as follows:
The opposite party along with four persons were approached the complainant to participate in a Navagraha Tour on 12.10.2018 midnight to 14.10.2018 and also the opposite party has fixed the tour fee as Rs.1,200/-per head. The opposite party had also given an assurance to the complainant that if any person will ne play to participated in the tour fee paid by the participation will be returned the concerned person on believing his words the complainant as agreeing to participate in the Navagrha tour and also the complainant and his family members totally four persons were given their names to the opposite party and also paid a sum of Rs.6,000/-as a tour fee. The opposite party did not give any receipt for the same that means so the complainants mother died on 08.10.2018. Hence, the complainant contacted the opposite party and informed his inability to participate in the tour. The opposite party given an assurance to the complainant to cancel the name of the complainant and his family members from the list tour maintain by their opposite party and also gave an undertaking that to return the tour amounts as soon as possible. On believing the words of the opposite party,after completing the mother’s death ceremony and others in properly. He had approached the opposite party for returning the tour amounts of Rs.6,000/-. But the opposite party has not given proper answered. In the result the complainant suffered lot of mental agony as a lost resort. Then complainant had approach the opposite party along with his friends. This time the opposite party promised to return the 50% of the tour amount i.e., Rs.3,000/-. But the complainant and his friends very shocked and surprised. But there was no way the complainant had received only a sum of Rs.3,000/- alone from out of the total tour amount of Rs.6,000/-.Due to the aforesaid act the complainant suffered lot of mental agony. Hence, the complainant issued a legal notice on 20.11.2018 to the opposite party calling upon to return the balance amount of Rs.3,000/- to the complainant and also to pay Rs.22,000/- has damages for mental agony, but he has given reply on 23.11.2018 with false allegations. Hence, this complaint.
2. Written version of opposite party is as follows:
The opposite party denies all the allegations made in the complaint the opposite party is not a tour organiser. But his wife namely Malarvizhi is tour organiser collecting the tour amounts from the parties who booked for the tour. Accordingly the complainant approached this opposite party and his wife and kept for proposed Navagraha tour on 12.10.2018midsnight to 14.10.2018 for 3 days and the complainant booked for 5 members of his family relatives and he was informed that to be paid a sum of Rs.6,000/-. But, unfortunately the complainant’s mother died on 08.10.2018 and therefore to cancel the 5 members tour to this opposite party. At the time of going for the tour the opposite party has given a pamphlets first pay from clearly says that once the amount is paid for the propose tour and they will not be refunded at any postponed the dated and also in the pamphlet is very clearly shows and fully amount paid the four members came to the tour will not be sent the paid amount which shows that the condition of the tours the complainant very well aware and therefore he is not entitled for any refund of amount it is not correct to say that the opposite party done give any pamphlet to the application. In fact this opposite arty issued to the pamphlets tour giving terms and conditions mentioned in the pamphlets. In fact his opposite party has return Rs.3,000/- has booked goodwill gesture. But after receiving the amounts the complainant issued the legal notice with literary motive therefore, there is no bonafideness complainant and the complaint is liable to be dismissed with cost.
3. Proof affidavit of complainant filed. Ex.A1 and Ex.A2 were marked. Proof affidavit of opposite party filed. Ex.B1 and Ex.B2 were marked. Written arguments of both sides filed. Oral argument of complainant side heard.
4. The Points that arises for consideration are:
1. Whether there is any deficiency in service on the part of the opposite
party?
2. Whether the complainant is entitled for relief as claimed in the complaint?
3. To what relief, the complainant is entitled to?
5. POINT NOS.1&2:
The complainant and his family members had approached the opposite party for Navagrha tour they have paid a sum of Rs.6,000/- to the opposite party this was not disputed by the both parties. Unfortunately the mother of the complainant died on 08.10.2018. Therefore the complainant and his family could not participated in the tour schedule to be started on 12.10.2018. The allegations of the complainant is that since he and his family members did not participated in the tour. Therefore the opposite party should refund the entire amounts of the tour fees. Since, he has cancelled well in advance. On the other hand, the opposite party relied upon the pamphlet issued to the complainant at the time of the booking for the tour in which “ve;j fhuzj;ij Kd;dpl;Lk; jhA;fs; Fwpg;gpl;l Bjjp gazj;jpw;F fl;oa gzk; thg!; my;yJ BtW Bjjpa gazj;jpw;F khw;wpbfhs;sBth nayhJ. jhA;fshy; mre;jh;g;gkhf tu nayhtpl;lhy; jA;fSf;F gjpy; BtW egiu mDg;gyhk;. mg;go jhAfs; mDg;g[k; egh; Mh;fidrhpd; ne;j MByhridfSf;F fl;Lg;gl;ltuhf nUf;fBtz;Lk;. ml;thd;!; gzk; brYj;jpath;fs; cjhuzkhf nuz;L of;fl;ow;F mlthd;!; brYj;jptpl;L gazj;jpy; xU egh; kl;LBk fye;J bfhs;s Btz;oa R{H;epiy Vw;gl;lhy; nuz;LBghpd; ml;thd;!; gzj;ij xU of;fl;od; bkhj;jgzkhf Vw;Wf; bfhs;s nayhJ, tUk; egh; jd;Dila ml;thd;!; Bghf kPjpgzj;ij fl;otplBtz;Lk;. ml;thd;!; kw;Wk; KG gzj;ija[k; brYj;jpath;fs; kw;Wk; tunayhjth;fs; BtW egiu mDg;g nayhtpl;lhy; jhA;fs; fl;oa gzj;ij nHf;f Btz;oaJ jhd; fhuzk; jhA;fs; bfhLf;Fk; gzk; jA;fspd; Fwpg;gpl;lgazj; Bjjpf;F g!;Rf;F Mh;fidruhy; KjypByBa brYj;jg;gl;LtpLfpwJ”.So which makes clear Ex.B1 that once payment was made towards tour will not refunded at any cost. However in the present case the opposite party has paid 50% of the amount i.e., Rs.3,000/- to the complainant as a good will gesture. Further, the opposite party also contended that the tour was arranged by his wife namely Malarvizhi not by him. On this ground should have impleaded as a party to the proceedings. On this ground as well this compliant is liable to be dismissed. On going through the averments made in the complaint, we find that the complainant has cancelled on own volition since, his mother was died. Therefore, the complainant cannot find fault with the opposite party and in view of the clause 8 and 10. The complainant is not entitled for any refund of money. Hence, these Point Nos. 1 and 2 are decided answered accordingly.
6. POINT NO. 3: In Point Nos.1 and 2, we have decided that the complainant has not proved any deficiency in service on the part of the opposite parties. Hence, the complainant is not entitled for any relief. This Point No.3 is also answered accordingly.
7. In the result, this complaint is dismissed. No costs.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 30thSeptember 2022.
Sd/- Sd/- Sd/-MEMBER-I MEMBER – II PRESIDENT
LIST OF COMPLAINANT SIDE DOCUMENTS:
Ex.A1-20.11.2018 - Copy of Advocate Note issued by the complainant
Ex.A2-23.11.2018 - Copy of Reply notice issued by the complainant
LIST OF OPPOSITE PARTY SIDES DOCUMENTS:
Ex.B1 - Pamphlet filed by the opposite party
Ex.B2 - Pamphletfiled by the opposite party
Sd/- Sd/- Sd/-
MEMBER-I MEMBER – II PRESIDENT
