BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Dated this the 10^th day of November 2017

Filed on : 02-05-2017

PRESENT:

Shri. Cherian K. Kuriakose, President.

Shri. Sheen Jose, Member.

Smt. Beena Kumari V.K. Member.

CC.No.170/2017

Between

M.K. George, : Complainant

Mulavelippurathu Veedu, (party-in-person)

Lakkattoor P.O.,

Kottayam, Pin 686 502

And

1. Indian wings Holidays, : Opposite parties
GIB Netagi Arcade, Church Landing (Ex-parte)
Road, Pallimukku, Cochin-682 016

Rep. by Mr. Yougesh,

Managing Director.

2. Mr.Darrel Aruja, General Manager
Indian Wings Holidays, GIB Netage
Arcade, Church Landing Road, Pallimukku,
Cochin-682 016

O R D E R

Cherian K. Kuriakose, President.

1. Complainant's case

2. The complainant aged 73 years and retired head master, on seeing an advertisement in Malayala Manorama daily dated 05-04-2017 regarding a group tour for Thailand, booked two seats at the rate of Rs. 34,000/- each for himself and his wife, and paid an advance amount of Rs. 30,000/- by way of cheque number 10980 in favour of the 2^nd opposite party Shri. Darrel Aruja. The cheque was received by him as per a receipt dated 01-03-17and the cheque was collected on 04-03-2017. On 20^th March 2017, the opposite party intimated the complainant stating that the tour was cancelled as there were no sufficient passengers in the group. The complainant intimated the opposite party to give back the advance amount paid by a massage on 22-03-17 in the mobile number of the opposite party 8606853999. Again the complainant had given his account number and the bank IFSC code on 19 April and 25^th April 2017. However, the opposite party did not pay back the amount. Hence the complaint.

3. Notices were issued to both opposite parties and they were served with the notice, on 08-05-2017. However, they did not contest with the matter and they were set ex-parte.

4. When the matter came up for complainant's evidence the complainants filed proof affidavit and Exbts. A1 to A3 documents were marked. Heard the complainant and perused affidavit.

5. On going through the affidavit and Exbts A1 to A3, we find that the opposite parties had collected Rs. 30,000/- and issued Exbt. A1 receipt for the same. Exbt. A2 copy of the pass book in account of the complainant would go to show that Rs. 30,000/- was collected from the account of the complainant in the addresses of Sky Destination Management Company Pvt. Ltd., Service bank at Chennai. Exbt. A1 would go to show that the 1^st opposite party is a division of Sky Destination Management Company Pvt. Ltd., and the amount was collected for and on behalf of the 1st opposite party. The affidavit of the complainant would go to show that the opposite parties did not render any service to the complainant after receiving Rs. 30,000/- from the complainant. The evidence of the complainant would go to show that there was gross deficiency in service on the part of both opposite parties. We find that the complainant is entitled to get refund of the amount paid by him with interest thereon. The non-repayment of the amount so far by the opposite parties would amount to unfair trade practice and the complainant is therefore entitled to get compensation to the tune of Rs. 30,000/- for having been the victim of the unfair trade practice committed at the hands of the opposite parties.

6. In the result, we allow the complaint and direct the opposite parties 1 and 2, who are jointly and severally liable to make the payments of the above said amounts i.e.

i.to refund Rs. 30,000/-to the complainant with interest @ 12% p.a. from 02-05-2017, the date of filing this complaint till the date of realization.

ii. to pay Rs. 30,000/- by way of compensation for the mental agony and having been the victim of unfair trade practice at the hands of the opposite parties,

iii. to pay Rs. 5,000/- towards the costs of the proceedings to the complainant.

The above said payment is to be made within a period of 30 days from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 10^th day of November 2017

Sd/-

Cherian K. Kuriakose, President.

Sd/-

Sheen Jose, Member.

Sd/-

Beena Kumari V.K., Member.

Forwarded/By Order,

Senior Superintendent

Appendix

Complainant's Exhibits

Exbt. A1 :: Copy of Receipt issued by Sky Destination Management Company Pvt. Ltd. Dated 01.03.2017.

Exbt. A2 :: copy of bank statement from South Indian Bank Ltd. showing the period from 01.01.2017 to 25.04.2017.

Opposite party's exhibits: Nil.

Copy of order despatched on:

By Post : By Hand: