SRI. SAJEESH.K.P : MEMBER
The complainant has filed this complaint under Sec.35 of the Consumer Protection Act 2019 seeking direction against the OPs to pay an amount of Rs.3,43,100/- being the amount received by the OP and Rs.1,00,000/- as compensation to the complainant .
Complaint in brief :-
According to the complaint, complainant is a PWD A class contractor entered into a contract with OP who is doing the business of arranging holidays trips to their customer. The complainant attended a meeting held at Skypalace, Chovva Kannur which was conducted by OP and the OP’s team leader compelled complainant to purchase a membership which offer a holiday destination throughout the world for a period of 6 nights and 7 days in every year for a total period of 5 years on the payment of Rs.1,15,000/- and 10/3/2022, complainant paid Rs.1,15,000/-. The complainant decided to visit Dubai from 24/12/2022 to 28/12/2022 along with family members and this was intimated to OP and on 26/11/2022 complainant paid one lakh and on 28/12/2022, complainant paid Rs.1,28,000/- to OP and OP promised that they will arrange flight tickets boarding and transport along with breakfast every day. The OP arranged fight ticket on 23/12/2022 instead on 24/12/2022 with a condition to stay 24 hours at Chennai but the complainant was not in a condition to accept the offer as the other member of the family will join only on 24/12/2022. This was intimated to OP as well and again OP tried to arrange ticket on 23/12/2022 from Calicut which was also not acceptable by complainant as the family members are residing at different places who will reach only on 24/12/2022. The complainant had paid Rs.3,34,200/- to OP and the latter failed to provide service accordingly, hence this complaint.
After filing the complaint, commission issued notice to OP . OP received the notice and not appeared before the commission and not filed any version. The commission had to held that the OP’s has no version as such this case came to be proceed against the OP’s set exparte.
Even though, the OP’s has remained ex-parte, it is for the complainant to establish the allegation made by him against the OP’s. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce his affidavit along with documents marked as Exts.A1 to A7. Ext.A1 is the Assignment copy dtd.10/3/2022, Ext.A2 is the proposal letter dtd.10/11/2022, Ext.A3 is the offer letter dtd.14/12/2022, Ext.A4 is the cancellation letter dtd.14/12/2022, Ext.A5 is the reply letter dtd.14/12/2022, Ext.A6 is the copy of account statement of Indian Bank and Ext.A7 is the copy of account statement of State Bank of India. The complainant was examined as PW1. So the OP remains absent in this case. At the end the commission heard the case on merit.
On the perusal of documents produced by complainant before the commission, Ext.A1 which is the agreement between complainant and OP, it is seen that a payment of Rs.1,15,000/- was credited by complainant to OP for 5 year membership as stated by OP in product details of Ext.A1. But, on perusing the terms and conditions and covenants clause 12, clause 3 and 4 of terms and conditions the OP had clearly stated that the membership amount is non refundable etc which was duly signed by complainant. The complainant has sent Ext.A2 mail regarding the days he proposed to spend internationally with his family and OP replied which was marked Ext.A3 reveals about the membership entitlement and utility charges. But in Ext.A2, it is seen that the facilities will be provided for 22nd of December. The complainant repeatedly demanded his journey date should be on 24th December and as per Exts.A6&A7 an amount of Rs.1,00,000/- was transferred to OP and Rs.1,28,000/- transferred respectively. Even after the payment of amount Rs.2,28,000/- required by OP in the month of November(26/11/2022, 28/11/2022), complainant never got his demanded date of journey. Moreover the payment of total amount of Rs.3,43,000/- including membership fee OP failed to provide their service as required by complainant. The commission has given fair chance to OP to defend their case but they remained exparte. The commission came into a conclusion that complainant faced deficiency in service from the side of OP as they were restricted to travel on their demanded date even after the payment of Rs.1,15,000/- as membership fee and Rs.2,28,000/- towards the travelling expense.
In the result complaint is allowed in part. The opposite party is directed to pay Rs.3,43,000/- towards the price of tour package including membership fee as demanded by opposite party and also pay Rs.15,000/- as compensation and cost of litigation to the complainant within 30 days of receipt of this order. In default the amount of Rs.3,43,000/- carries 9% interest per annum from the date of order till realization. Failing which complainant is at liberty to file execution application against opposite party as per the provisions of Consumer Protection Act 2019.
Exts:
A1- Assignment copy
A2- Proposal letter
A3-Offer letter
A4-Cancellation letter
A5-Reply letter
A6- copy of account statement of Indian Bank
A7- copy of account statement of State Bank of India
PW1-Majush.P-Complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
