Kerala

Thiruvananthapuram

CC/19/227

Ramachandran Nair - Complainant(s)

Versus

Malabar Tours & Travels - Opp.Party(s)

28 Apr 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM

 

PRESENT

 

                               SRI.P.V.JAYARAJAN         : PRESIDENT

                               SMT.PREETHA.G.NAIR   : MEMBER

                               SRI.VIJU.V.R.                 : MEMBER

CC.NO.227/2019 (Filed on : 17/07/2019)

ORDER DATED : 28/04/2023

 

COMPLAINANT

Ramachandran Nair,

Chandra Latha Nikunjam,

Perayam, Thiruvananthapuram

(By Adv.V.Muraleedharan Pillai)

VS

OPPOSITE PARTIES

 

1. Malabar Tours & Travels,

Shop No.143, First Floor

Navakethan Complex, Clock Tower,

Secunderabad – 500003

Rep.by its Managing Director,

Malabar Tours & Travels, Secunderabad – 500003

 

2. Malabar Tours & Travels,

Sasthamangalam, Thiruvananthapuram – 695010

Rep.by the Manager,

Malabar Tours and Travels - 695010

1.  

ORDER

SRI.VIJU.V.R                 : MEMBER

1.       The complainant has presented this complaint before this Commission under section 12 of the Consumer Protection Act 1986. The brief facts of the case is that the opposite parties 1 & 2 have scheduled a tour to the countries – Malaysia and Singapore commencing from 15/04/2018 to 21/04/2018. The complainant, his wife and their relatives registered their names as parties to the said tour. The complainant and his wife registered their names on 26/03/2018. The complainant remitted Rs.1,18,000/- (Rupees one lakh and eighteen thousand only) ie Rs.59,000/- (Rupees fifty nine thousand only) each per head and the second opposite party received the amount for the first opposite party. But on 27/03/2018 the complainant’s wife fell on the ground and sustained hip bone fracture. As a result of the unexpected accident occurred to the wife of the complainant, she became bed ridden and could not move out without the help of the complainant. So they could not attend the tour as they desired. The said facts have been duly communicated to the first opposite party on 28/03/2018. The fact that the complainant and his wife were unable to attend the tour has been duly intimated to the opposite parties 1 & 2 sufficiently earlier. Therefore, the opposite parties 1 & 2 can accommodate others in the place of complainant and his wife. The complainant has not availed any service from the opposite parties 1 & 2. So the opposite parties 1 & 2 are liable to refund the amount paid by the complainant. The opposite parties 1 & 2 had repaid only an amount of Rs.8000/- (Rupees eight thousand only) to the complainant. Even though the opposite parties received advocate notice send by the complainant, they have not sent any reply to the notice. The act of opposite parties 1 & 2 amounts to deficiency in service, hence this complaint.

2. Even though the opposite parties 1 & 2 received notice, the opposite parties  1 & 2 did not appear before this commission and hence they were set exparte.

 

 

3. Issues to be ascertained:

i.     Whether there is any deficiency in service from the side of opposite parties   

        1 & 2 ?

ii.    Whether the complainant is entitled to get the reliefs?

4.       The complainant has filed proof affidavit and produced six documents which were marked as Exts.P1 to P6. It is evident from Exts.P1, P2 & P3 that the complainant has paid an amount of Rs.1,18,000/- (Rupees one lakh eighteen thousand only) to the opposite parties 1 & 2 for the tour package. The opposite parties 1 & 2 has repaid an amount of Rs.8000/- (Rupees eight thousand only) to the complainant. So it is evident that the complainant has not participated in the tour organized by the opposite parties 1 & 2. The opposite parties 1 & 2 did not turn up. Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence putforth by the complainant. From the documents produced by the complainant, we find that the complainant has succeeded in proving his case and there any deficiency in service from the side of the opposite parties 1 & 2. Hence the opposite parties    1 & 2 are jointly and severally liable to compensate the complainant.

         In the result, the complaint is allowed. The opposite parties 1 & 2 are jointly and severally directed to pay Rs.1,10,000/- (Rupees one lakh ten thousand only) with 6% interest per annum from 27/03/2018 and pay Rs.10,000/- (Rupees ten thousand only) as compensation for the mental agony suffered by the complainant and pay Rs.2500/-  (Rupees two thousand and five hundred only) towards the cost of the proceedings within one month from the date of receipt of this order failing which the entire amount except cost carries interest @ 9% per annum from the date of order till realization.

                         A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

                    Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 28^th day of April 2023.

 

 

                                                                                          Sd/-

P.V.JAYARAJAN   : PRESIDENT

 

                                                                                           Sd/-

  PREETHA .G.NAIR: MEMBER

 

                                                                                            Sd/-

VIJU.V.R     : MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

Be/

 

 

APPENDIX

CC.NO.227/2019

List of witness for the complainant

PW1   - Ramachandran Nair

List of Exhibits for the complainant

Ext.P1                   - Receipt dated 23/02/2018 of Malabar Tours and Travels

Ext.P2                   - Copy of bank statement

Ext.P3                   - Copy of complaint filed to the police station

Ext.P4                   - Copy of advocate notice

Ext.P5                   - Copy of postal receipt

Ext.P6                   - Copy of acknowledgment

List of witness for the opposite parties – NIL

List of Exhibits for the opposite parties – NIL

Court Exhibits                                   - NIL

 

                                                                                            Sd/-

                                                                                     PRESIDENT