By Sri. Mohamed Ismayil.C.V, Member
The grievances of the complainant is as follows:-
1. The complainant is working as the Manager of Atrium School of Design, Perinthalmanna and the opposite party is conducting tours and travels business. The complainant and the opposite party orally agreed to conduct a tour programme on 29/09/2022 and initially Rs. 9000/- (Rupees Nine thousand only) was paid by the complainant through Google pay as per direction of the opposite party. The students and teachers of the complainant prepared everything for the tour programme. But the opposite party had informed the complainant that the Government of Kerala has imposed certain directions related to tourist bus services and so tour programme is cancelled by the opposite party. It is stated by the complainant that the opposite party did not refund the advance amount paid for the tour programme. The complainant further averred that he had repeatedly contacted the opposite party to get back the advance amount paid, but the opposite party was turned down. The complainant even issued a notice dated 13/12/2022 to the opposite party demanding to repay the money. But the opposite party refused the notice. The complainant has alleged that the opposite party is committed fraud and unfair trade practice towards the complainant. It is further averred that the act of the opposite party caused mental agony and financial loss to the complainant. Moreover image of the complainant also tarnished due to the act of the opposite party. So the complainant is approached the Commission for a direction to the opposite party to refund Rs. 9,000/- with 15% interest and to pay Rs. 25,000/- as compensation for the sufferings of mental agony. The complainant also claimed Rs. 10,000/- as the cost of the litigation.
2. The complaint is admitted and issued notice to the opposite party. The opposite party did not receive the notice and failed to appear before the Commission to contest the matter. So the Commission ordered the opposite party as exparte .
3. The complainant filed affidavit and documents. The documents are marked as Ext. A1 to Ext. A3 documents. Ext. A1 document is the copy of booking receipt dated 29/09/2022 showing payment of Rs. 9,000/- as advance for the tour programme to be conducted on 20/10/2022. Ext.A2 series documents are the copies of Google pay transactions dated 23/09/2022 showing the payment of Rs. 2,000/- and dated 29/09/2022 showing the payment of Rs. 7000/- to the opposite party by the complainant. Ext. A3 document is the copy of notice dated 13/12/2022 issued by the complainant to the opposite party demanding to refund Rs. 9,000/- paid in advance for tour programme. No evidence is available from the side of the opposite party.
4. Heard the complainant, perused documents and affidavit filed by the complainant. The Commission considered following points for adjudication:-
- Whether the opposite party committed deficiency in service towards the complainant.
- Relief and cost.
5. Point No.1 and 2:-
It is stated by the complainant that he had paid Rs. 9,000/- as advance to the opposite party to conduct a tour programme for the students of Atrium School of Design, Perinthalmanna, where the complainant is working as manager. The complainant is produced copy of booking receipt dated 29/09/2022 issued by the opposite party and it is marked as Ext. A1 document by the Commission. Ext. A1 document shows that Rs. 9,000/- was received by the opposite party for conducting tour programme. The complainant also produced copy of Google pay receipt dated 23/09/2022 for Rs. 2,000/- and another receipt for Rs. 7,000/- dated 29/09/2022 and those receipts are marked as Ext.A2 series documents. Ext.A2 series documents shows that the opposite party had collected Rs. 9,000/- as advance for the tour programme. As per evidence of the complainant, the opposite party had cancelled the tour programme by stating that Government had imposed certain directions related to tourist bus services. It is averred by the complainant that the complainant became in utter dismay. It is further averred even though the complainant had requested the opposite party to arrange tour programme on another day but the opposite party evaded from his responsibility. It has come out in evidence that the opposite party did not refund the advance amount of Rs. 9,000/- paid for tour programme. According to the complainant, he had repeatedly contacted the opposite party to refund the amount. But the opposite party did not refund the amount so far. The complainant produced copy of letter dated 13/12/2022 issued to the opposite party demanding to repay the amount and it is marked as Ext. A3 document. Ext. A3 document is clearly stated that Rs. 9,000/- was collected from one Ajnas, who paid the amount for and on behalf of the complainant to conduct tour programme for the students of the complainant’s institution. There is no contra evidence available in this case as the opposite party remained uncontested due to his absence in the fray. The Commission find that the opposite party has committed deficiency in service towards the complainant. It is also come out in evidence that due to the act of the opposite party, the complainant had suffered mental agony and hardship. The opposite party was liable to refund the amount received as advance for an aborted tour programme. Considering the above narrated facts and circumstances, the Commission find that the complainant has succeeded in proving his contentions raised in the complaint. So the Commission allowed the complaint in the following manner:-
- The opposite party is directed refund Rs. 9,000/- (Rupees Nine thousand only)to the complainant as the advance amount received for tour programme.
- The opposite party is directed to pay Rs. 10,000/- (Rupees Ten thousand only) to the complainant as compensation for the sufferings of mental agony and hardship resulted due to the act of the opposite party.
- The opposite party is also directed to pay Rs. 5,000/- (Rupees Five thousand only) to the complainant as the cost of the proceedings.
The opposite party shall comply this order within 30 days from the date of receipt of copy of this order otherwise the entire amount shall carry 9% interest from the date of the order.
Dated 30th day of June, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A3
Ext. A1 : Document is the copy of booking receipt dated 29/09/2022 showing
payment of Rs. 9,000/- as advance for the tour programme to be conducted
on 20/10/2022.
Ext.A2 : Document is the copy of Google pay transaction dated 23/09/2022 showing
the payment of Rs. 2,000/- and dated 23/09/2022 showing the payment of
Rs. 7,000/- to the opposite party by the complainant.
Ext. A3 : Document is the copy of notice dated 13/12/2022 issued by the complainant
to the opposite party demanding to refund Rs. 9,000/- paid in advance for
tour programme.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
