Orissa

Rayagada

CC/107/2017

Sri L.Narayana Murthy - Complainant(s)

Versus

ISKON, Varanasi - Opp.Party(s)

Sri Jadish Panda

31 Jan 2018

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 107/ 2017.                                        Date.    31    .1. 2018.

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                                   President

Sri GadadharaSahu, .                                                      Member.

Smt.  Padmalaya  Mishra,                                             Member

 

Sri L.  Narayana  Murty, Main Road, Po/Dist.Rayagada, State:  Odisha.                                                                                                                                           …….Complainant

Vrs.

1.The  Manager, ISKON ,Varanasi represented by Lanka Varanasi, B-27/80, Varanasi-2211010, State:Utter Pradesh.                                                          .…..Opp.Parties

Counsel for the parties:                         

For the complainant: - Sri Jagadish Panda, Advocate

For the O.Ps  :- Set exparte.

                                J u d g e m e n t.

        The  present disputes arises out of the complaint petition filed by the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for non refund of Rs.7,000/- towards advance booking  accommodation  charges in the Ashrama  of Iskon at Varnasi..  The brief facts of the case are summarized  here under.

       That the complainant and his wife, with an intention to visit  Varanasi had booked tickets  through  travel  agent who runs IRCTC e-ticketing on Dt.24.9.2016 and wanted to travel on Dt. 29.10.2016 from Gaya Jn. to Varanasi in the Ganga Sutlej Express  in 2^nd A.C and they have also booked accommodation in the Ashram  of the O.P. i.e. ISKON,Varanasi and wanted to  stay from 29^th. October to 9 November,2016  and paid a sum of Rs.7,000/- through  agent  at Rayagada who also deposited the said sum of Rs.7,000/- in the account of the O.P. bearing No. 910010030137638 of Axis bank,Varanasi  and the O.P. aos acknowledge the receipt of the same vide  his E-mail money receipt. The complainant due to some unavaoidable circumstances, had to cancel his tour to Varanasi and the said fact was duly intimated to the O.P. vide his telephone No.0542-2275777 and also mobile Nos.09936108889 and 07376471566 and the O.P. also agreed to refund the  above amount. Even though eleven months have been lapsed, the O.P. was not paying the money  and now showing a deaf ear. Hence this case. The complainant prays the forum direct the O.P. to  refund Rs.7,000/- which the O.P. received from the  complainant and such other relief  as the hon’ble forum deems fit and proper for the best interest of justice. 

 

On being noticed the O.P.    neither entering in to appear before the forum nor filed their  written version inspite of more than  03 adjournments has been given  to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps.  Observing lapses of around 6 months  for which the objectives  of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant.  Hence after hearing  the  counsel for the complainant set the case  exparte against the O.Ps. The action of the O.Ps is against the principles of  natural justice as envisaged  under section  13(2) (b)(ii) of the Act. Hence the O.P.  was set exparte  as the statutory period  for filing of  written version was over to close the case with in the time frame permitted by the C.P. Act.

Heard learned counsel for the complainant.  Perused the  record  filed by the parties.

                                               

Findings.

During the exparte  hearing the complainant examined himself and proved the payment  of the  money  to the O.Ps  which is marked as Annexure-I.  The complainant also argued  due to non refund  of the above money with out availing  service  he  suffered a lot of financial trouble  and mental agony. There is  nothing  relevant documents submitted by the complainant  to prove the submission.  The complainant prays the forum as the  O.Ps have   not heard any  grievance of the complainant till date   so the  O.Ps  be  directed to refund  deposited amount a sum of Rs.7,000/-

On perusal of the record  It is presumed  that the O.Ps had been reserved the room for the complainant on the scheduled  date and time as per the Booking of the complainant.  But unfortunately the complainant suddenly  had to cancel  his tour to Varanasi due to some  unavoidable circumstances, which was not intimated to the O.Ps earlier so the cancelation of the room  was meant for them not  worked out properly only over telephonic message from the complainant which was also not properly established by the complainant  regarding his approach except pleading complainant is not submitting a single scrap of paper or any evidence to substantiate his claim. Further  Physically the complainant  neither present nor availed the room  reserved for them because of their own inconvenience. So the rooms reserved for them lying vacant until the last day. The O.P. has properly arranged the rooms awaiting for the  arriving of the complainant.   But  in the mean time  the complainant cancelled their visit to Varanasi  and not used the same with their own accord. As per the terms and condition of the on line  reservation facilities but to utter dismay the complainant at the right time of need cancelled their visit and  the O.P. follows all the formalities and was ready to provide all the service to the customers.It is  settled principles of law that no person can take advantage of his own wrong or lapses. Simply filing an affidavit without supporting materials would not constitute sufficient evidence mere a frivolous assumption of loss and damage  can not make any law to instantaneously dock the O.Ps gallows. Hence the complainant is bonafied in filing there to the case not has any cause of action to file against  the O.Ps without over ruling service adherence  the terms and conditions of the agreement.  There is no fault attributed  on the part of the O.Ps therefore  this forum did not found  any   guilty on the part of  O.Ps in any way for deficiency of service.

Hence to meet  the  ends  of  justice,  the following   order is  passed.

                                                            ORDER.

            In  resultant  the complaint petition is hereby  stands  dismissed.  There is no  order as to cost.

           

Dictated and corrected by me.      Pronounced  on  this        31^st.          day of        January,   2018.

 

MEMBER.                                            MEMBER.                                                        PRESIDENT.