DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.
Complaint Case No: 309/2015
Date of Institution: 07.08.2015
Date of Decision: 26.10.2015
Mrs. Manjari Singh Chourey W/o Wing Commander Jatin R Chourey, QMQ-5/2, Air Force Station, Barnala-148101.
…Complainant
Versus
1. India Island Tourism, No. 1/458, A/5 Main Road, Adayakarunkulam, Ambasamudram, Tirunelveli, Tamil Nadu, India-627425 through its CEO Mr. P Mariapan.
2. Mr. Mariappan CEO India Island Tourism No. 1/458, A/5 Main Road, Adayakarunkulam, Ambasamudram, Tirunelveli, Tamil Nadu, India-627425.
…Opposite Parties
Complaint Under Section 12 of Consumer Protection Act, 1986.
Present: Sh. R.K. Jain counsel for the complainant
Opposite parties exparte.
Quorum.-
1. Shri S.K. Goel : President.
2. Sh. Karnail Singh : Member
Ms. Vandna Sidhu : Member
ORDER
(BY SHRI KARNAIL SINGH MEMBER):
The complainant namely Mrs. Manjari Singh W/o Wing Commander Jatin R Chourey (hereinafter referred as complainant) has filed the present complaint under Consumer Protection Act (hereinafter referred as Act) against India Island Tourism & Another(hereinafter referred as opposite parties).
2. The facts emerging from the present complaint are that the complainant in order to go for winter vacation along with her family including her husband and two children had planned to travel to Lakshadweep. It is alleged that on looking at various options, the complainant and her husband found Samudram Package conducted by SPORTS a Government of Lakshadweep, agency for promoting tourism in Lakshadweep.
3. It is further alleged that on 21.10.2014, Mr. P Mariappan introduced himself as CEO of India Island Tourism and informed the husband of complainant that he has tickets for 27 December, 2014 and demanded Rs. 35,000/- as booking amount and assured that their agency India Island Tourism is a registered agency. Accordingly, the complainant paid the booking amount of Rs. 35,000/- by NEFT Bank Barnala, to the Bank account of the opposite parties bearing No. 1101201000550 of Canara Bank. It is further alleged that the complainant also booked tickets from Barnala to Delhi by train and from Delhi to Kochi by Air India flight and spent Rs. 1,20,000/- on tickets for the journey upto Kochi.
4. It is further alleged that as per the advise of opposite parties, the complainant alongwith her family reached Kochi, but Mr. Mariappan CEO of opposite parties did not come to handover tickets. It is alleged that the said Mr. Mariappan informed the complainant that he will not be able to reach Kochi, but he has made arrangements and complainant should reach ship boarding point and take the boarding passes from one Mr. Hussain SPORTS manager. On reaching the ship boarding point, the complainant found that Mr. Mariappan had done no bookings for either complainant or her family and due to the act of opposite parties, the complainant had to stay at Kochi unnecessarily because the return tickets were for 1st January, 2015 after giving margin for the cruise time. Thus, it is alleged that it is an unfair trade practice and deficiency in service on the part of opposite parties. Hence, the present complaint is filed seeking the following reliefs.-
1) To pay Rs. 2,00,000/- alongwith interest @ 12% per annum
2) To pay Rs. 1,50,000/- for causing mental tension and harassment and Rs. 15,000/- as litigation expenses.
5. Notice of this complaint was sent to the opposite parties No. 1 and 2 through RC and as per report the registered covers of both the opposite parties received back with the report of “refused”, therefore, the opposite parties were proceeded against exparte.
6. In order to prove her case, the complainant has tendered into evidence her own affidavit Ex.C-1, copy of legal notice Ex.C-2, copy of postal receipt Ex.C-3, copy of e-mails Ex.C-4 & Ex.C-5, copy of schedule of Tour Ex.C-6, copy of E-receipt Ex.C-7, copy of e-mail Ex.C-8, copies of Air Booking receipts Ex.C-9 to Ex.C-11, copy of Railway Booking receipt Ex.C-12 and closed the evidence.
7. We have heard the learned counsel for the complainant and have gone through evidence tendered by the complainant.
8. In order to prove her case, the complainant has tendered in evidence her own detailed affidavit Ex.C-1, wherein, she has taken the stand as mentioned in the complaint. Further, Ex.C-2 is the copy of legal notice sent to the opposite parties and the Ex.C-3 is the receipt. The complainant in support of her case has further tendered in evidence copy of E-receipt Ex.C-7, which shows that the complainant has paid the booking amount of Rs. 35,000/- by NEFT transfer from her bank Account No. 060101503784 of ICICI Bank to the Bank Account of the opposite parties bearing No. 1101201000550 INDIAISLAND. Ex.C-9 and Ex.C-10 are the copies of booking receipts of Air India, which shows the total cost paid by the complainant amounting to Rs. 38671.00 for herself and her two children and Rs. 19178.00 for her husband from Delhi to Kochi in December. Further, Ex.C-11 is the copy of booking receipt of Air India from Kochi to Delhi, which also shows that the complainant paid the total cost of Rs. 57,714/- for herself and her all family members. Ex.C-12 is the copy of booking receipt of Train from Ludhiana to Delhi, which shows that the complainant paid Rs. 2,677/-.
9. As the entire complaint of the complainant is un-rebutted & un-contested and appears to be cogent and reliable, in that event, we believe the contents of the complaint to be true and the deficiency in service and un-fair trade practice on the part of the opposite parties is also writ large on the file. In the absence of any cogent evidence from the side of opposite parties, who have failed to come forward and contest the claim of the complainant, we have no alternative except to believe the version of complaint, which are also supported by various documents.
10. In view of the above discussion, the complaint filed by the complainant is accepted and the opposite parties are directed to pay Rs. 1,53,240/- to the complainant alongwith interest @ 9% per annum from the date of filing the present complaint. The opposite parties are also directed to pay Rs. 2,100/- as litigation expenses. This order shall be complied with within 45 days from the date of the receipt of this order. Copy of this order be supplied to the parties free of costs. The file be consigned to the records.
ANNOUNCED IN THE OPEN FORUM:
26th Day of October 2015
(S.K. Goel)
President
(Karnail Singh)
Member
(Vandna Sidhu)
Member
