Haryana

Panchkula

CC/164/2021

SH ANIL KUMAR. - Complainant(s)

Versus

INDIA SIGNATURE TOUR. - Opp.Party(s)

DAVINDER KUMAR

22 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA.

 

                                                       

Consumer Complaint No	:	164 of 2021
Date of Institution	:	02.03.2021
Date of Decision	:	20.06.2022

 

Sh. Anil Kumar son of Sh. Sat Parkash r/o House No.726, Sector-7, Panchkula.                                                                                                                                                                                                                                                                   ….Complainant

Versus

1.     India Signature Tour, First Floor, Lavang Mall, Mohkampur, Dehradun-248001.

2.     Ganesh Prasad Nautiyal son of Sh. Gopal Ram Nautiyal r/o Peeli Kothi, Near Primary School, V & OP Shamshergarh Balawala, Dehradun, Uttra Khand, Pin-248001.

3.     Ganesh Prasad Nautiyal C/o Rajinder Prasad Nautiyal r/o Flat No.98 C, 2^nd Floor, Shri Devaji Residency, Kishanpura, Zirakpur, Tehsil Dera Bassi, District SAS Nagar Mohali.

                                                                          ….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

 

Before:              Sh. Satpal, President.

Dr. Pawan Kumar Saini, Member.

Dr. Sushma Garg, Member.

 

For the Parties:   Sh. Davinder Kumar, Advocate for complainant

                        OPs No.1 & 3 already ex-parte vide order dated     19.08.2021.

                        Name of the OP No.2 deleted vide order dated 18.02.2022.

                       

ORDER

(Dr. Pawan Kumar Saini, Member)

1.             The brief facts of the present complaint as alleged are that the complainant booked tour package for four persons/friends and flight of complainant and his friends was on 06.03.2019 for Thailand. As per the deal, the complainant transferred Rs.2,13,500/- to the OP No.1. The details of the same has been mentioned in the para no.3 of the complaint. Besides one entry Rs.20,500/- all entries are transferred through the account of A.K.Enterprises which is the firm of the complainant. It is stated that the OP did not arrange the flights and tour of complainant on 06.03.2019 for the reasons best known to the Ops. Even Ops stopped answering the phone calls of the complainant. He requested to Ops several times for the refund of the above said amount of Rs.2,13,500/-. However, the Ops avoided the matter on one pretext or the other and always insisted to make the payment after some time.  Ultimately, after repeated requests made by the complainant, the Ops issued account payee cheque bearing no.900180 dated 10.06.2019 for a sum of Rs.1,00,000/- and cheque bearing no.900181 dated 03.08.2019 for a sum of Rs.1,13,500/- drawn on Punjab National Bank, Miyanwala P.O. Harrawala (Dehradun), Uttarkhand-248160 in favour of the complainant with  the assurance that the cheque will be encashed on its presentation to the bank and the complainant presented the said cheque for Rs.1,00,000/- on 18.06.2019 for its encashment to his bank but the said cheque were returned back and dishonored with the remarks “Funds Insufficient” vide memo  dated 18.06.2019. The complainant presented the another cheque for Rs.1,13,500/- dated 03.08.2019 for its enchashment to his bank on 05.08.2019 but the said cheque were returned back on 07.08.2019 and dishonored with the remarks “Funds insufficient”. On the request of Ops, the complainant presented the cheque again on 24.09.2019  but the said cheque were  returned back again and dishonored with the remarks “Funds Insufficient” vide memo  dated 24.09.2019. Ultimately, the complainant served a legal notice upon the Ops dated 19.10.2019 through registered post but no reply was received from the Ops. The complainant also filed a complaint in the Court of Sh. Viren Kadia, JMIC which is pending. This act and conduct of the OPs amounts to deficiency in service on their part; hence, the present complaint.

2.             Notices were issued to the OPs No.1 & 3 through registered post which was not received back either served or unserved despite the expiry of 30 days from the issuance of notice to Ops No.1 & 3; hence, they were deemed to be served and thus, due to non appearance of Ops, they were proceeded ex-parte by this Commission vide its order dated 19.08.2021.

3.             The learned counsel for the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-6 in evidence and closed the evidence by making a separate statement.

4.             We have heard the ld. counsel for the complainant and gone through the entire record available on the file minutely and carefully.

5.             It is evident, as per account statement(Annexure C-3) belonging to M/s A.K.Enterprises, proprietor Anil Kumar, having account no.3956005500764381 that a sum of Rs.1,93,000/- was debited from the said account on several dates, the details whereof alongwith dates have been given in Para no.3 of the complaint. Besides the above payment, a sum of Rs.20,500/- has been alleged by the complainant to have been paid to Sh.Ganesh Parkash Nautiyal(OP No.3) in cash. As per version of the complainant, the aforesaid payment amounting to Rs.2,13,500/- was made to OP No.1 through OP No.3 for availing the tour package for Thailand for 4 persons. As per averments made in Para no.2 of the complaint, the air journey for Thiland of the complainant and his friends was assured on 06.03.2019 but the OPs despite having received the payment amounting to Rs.2,13,500/- have failed to arrange the air tickets/tour package starting from 06.03.2019. The complainant pursued the matter with the Ops, who eventually issued the two account payee cheques i.e. bearing no. 900180 dated 10.06.2019 for sum of Rs.1,00,000/- and another cheque no.900181 dated 03.08.2019 for a sum of Rs.1,13,500/- drawn on PNB in favour of the complainant but the said cheques got dishonored on account of “insufficient funds” in the account on the OPs. Thereafter, a legal notice dated 19.10.2019 was got sent by the complainant through his counsel upon the OPs asking for the refund of the aforesaid amount, which was paid by him on several dates but findings no response from the Ops,  a complaint was filed in the Court of Judicial Magistrate, which is still pending. The complainant, alleging deficiencies on the part of the Ops, has claimed the following reliefs:-

        a.     To refund the amount of Rs.2,13,500/- alongwith interest @ 15% from the date of payment till realization.

          b.       To pay sum of Rs.20,000/- on account of mental agony and harassment.

          c.       To pay Rs.25,000/- as  litigation charges.

                  

6.             The OPs No.1 & 3 have preferred not to contest the present complaint by remaining absent despite services of notices and accordingly, they were proceeded ex-parte vide order dated 19.08.2021 and thus, the assertions made by the complainant go unrebutted and uncontroverted. The name of the OP No.2 was ordered to be deleted vide order dated 18.02.2022.

7.                On the other hand, version of the complainant is fully supported and corroborated by his affidavit Annexure C-A, along with documents Annexure C-1 to C-6.

8.             In view of the fact that the OPs No.1 & 3 have neither responded to the notice nor have they opted to controvert the precise cognizable averments made by the complainant having a very relevant bearing upon the adjudication of the grievance, the only distilled view is that the complainant has been able to prove the genuineness of the grievance that the OPs  No.1 & 3 had committed deficiency in service, the manner whereof has been detailed in the complaint, as also the affidavit in support thereof. Thus, we hold that OPs No.1 & 3 are liable for the deficiency and unfair trade practice; hence, the complainant is entitled to relief.

9.             As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OPs No.1 & 3:-

1. To pay a sum of Rs.2,13,500/- to the complainant, along with interest @ 9% per annum w.e.f. the date of filing of the complaint till its realization subject to the condition that the said amount or the part thereof is not received by the complainant in compliance of the orders passed, if any, by the Court of Judicial Magistrate in the cheque bounces complaints lodged by him under Section 138 of Negotiable Instrument Act. 
2. To pay an amount of Rs.10,000/-to the complainant on account of mental agony and harassment.
3. To pay an amount of Rs.5,500/-as cost of litigation charges.

12.            The OPs No.1 to 3 shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OPs No.1 to 3 failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OPs No.1 to 3. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance.  

 

Announced on: 20.06.2022

 

          Dr.Sushma Garg         Dr. Pawan Kumar Saini             Satpal

                  Member                Member                                      President

 

Note: Each and every page of this order has been duly signed by me.

 

                                         Dr. Pawan Kumar Saini                                                                               

                                               Member