SMT.MOLYKUTTY MATHEW : MEMBER
This is a complaint filed by the complainant U/S 35 of the Consumer Protection Act 2019 for an order directing the OP to pay an amount of Rs.60,000/- as advance amount received by the OP to the complainant along with Rs.1,00,000/- as compensation for mental agony caused to the complainant and Rs.50,000/- as cost of the proceedings for the deficiency of service and unfair trade practice on the part of OP.
The brief of the complaint :
The complainant is a retired police Sub Inspector and is providing assistance for the general public for tour programme with the service providing by OP. In the year 2020 the complainant approached the OP for a tour package to visit Kochi. The package exist plain ticket, metro rail service, boat service, accommodation and food. The amount for one person is Rs.3600/- as per the information given by the OP. The complainant booked a package for about 30 persons including the complainant on 12/2/2020 and he remitted an advance amount of Rs.60,000/- to the OP for the entire tour fee. The complainant organised the tour package and the complainant paid the entire advance amount from his pocket. Due to the Covid pandemic situation the complainant as well as the other members could not able to travel the tour programme. On 8/3/2020 the complainant contacted the OP through phone to postpone the tour programme to some other day. Then the OP directed the complainant to give an application for the same. Then the complainant gave an application to OP on 9/3/2020 and the OP directed the complainant to contact the OP through the phone at 3.P.M. But no response from the side of OP. On 10/3/2020 at about 11.A.M the complainant again contacted the OP through phone and one staff Juli informed that new date. For the package shall given between15/5/2020 to 24/5/2020. Then again the complainant contacted the OP and the OP informed that there is availability on 24/52020. Thereafter the complainant contacted the co-passengers and informed their readiness for the travel on the above said date. After 1 ½ hour one of the staff of OP one Mr.Sarin called and directed to contact Indigo airlines to issue new flight ticket for the tour package. Accordingly the complainant went to Indigo airlines office, they stated that it is the duty of OP to issue new tickets for the tour package. The complainant and all other passengers decided to change their tour package on 12/03/2020 when the original tour package was fixed the airlines office contacted the complainant and enquired about the travelling. At that time the complainant informed them that the OP agreed to change the date of tour package. Even after the lock down period the complainant approached the OP but there was no positive response. While the programme was cancelled by the OP the complainant and other passengers to approach OP for repay the advance amount paid by the complainant. But the OP refuse to pay the same. Then the complainant send a lawyer notice to OP on 23/10/2020. After receiving notice the OP send a reply on 15/11/2020 alleging false contentions. So the act of OP the complainant caused much mental agony and financial loss . So there is deficiency of service and unfair trade practice on the part of OPs. Hence the complaint.
After receiving notice the OP appeared before the commission and filed his written version. OP contended that the complainant does not come under the purview of Consumer as per the consumer Protection Act. The OP admits that the complainant has remitted an amount of Rs.30,000/- on 4/2/2020 and Rs.30,000/- on 12/2/2020 as advance amount. But the complainant ought to have remitted a total amount of Rs.62,000/- as advance amount but he remitted only Rs.60,000/- for 31 persons. Moreover the complainant has successfully completed 2 trips prior to the above said trip with the OP on 2/1/2020 and 23/1/2020. The travellers included by the complainant’s are senior citizens and the breakdown of pandemic they were not willing to travel in the scheduled time and the same was intimated by the passengers to the OP. Then the OP informed that they have already booked the flight, train , bus and hotel by spending more than Rs.60,000/-. Moreover the airline tickets were booked in offer rates and as per the policies of the Aviation Rules the offer tickets are not refundable. The petition is also bad for non joiner of necessary party. There is no deficiency in service and unfair trade practice on the part of OP. So the complaint is liable to be dismissed.
On the basis of the rival contentions by the pleadings the following issues were framed for consideration.
- Whether there is any deficiency of service on the part of the opposite party?
- Whether the complainant is entitled for any relief?
- Relief and cost.
The evidence consists of the oral testimony of PW1 and Exts. A1 to A8(series) were marked. On OP’s side no oral or documentary evidence produced.
Issue No.1:
The Complainant adduced evidence before the commission by submitting his chief affidavit in lieu of his chief examination to the tune of the pleadings in the complaint and denying the contentions in the version. He was cross examined as PW1 by OP. The documents Exts.A1 to A8(series) were marked on his part to substantiate his case. According to the complainant on 12/2/2020 the complainant had remitted an amount of Rs.60,000/- as advance amount of 30 persons tour package. As per Ext.A1 the copy of lawyer notice it clearly shows that the tour programme was cancelled due to covid 19 pandemic situation. Ext.A2 is the postal receipt and Ext.A3 is the acknowledgment card. Ext.A4 is the copy of reply notice issued by the OP’s counsel to the complainant’s counsel. As per the reply notice the OP contended that the airlines tickets were booked in offer rates and as per the policies of the aviation Rules, the offer ticket are not refundable. But in evidence he deposed that “ OP യുടെ പ്രശ്നം കൊണ്ടല്ല 12/3/2020 ന് പോകേണ്ട യാത്ര മാറ്റിവെച്ചത്? ശരിയാണ്. Covid restrictions കൊണ്ടാണ്. നിങ്ങൾ Indigo Airlines office-ൽ പോയിരുന്നോ? പോയിരുന്നു. അവർ പറഞ്ഞത് ഞങ്ങളല്ല പണം തരേണ്ടത്,OP യാണ് പണം തരേണ്ടത് എന്ന് അറിയിച്ചു.” Ext.A5 is the receipt issued by the OP to complainant dtd.12/2/2020 for an amount of Rs.30,000/-. But in the version the OP admit that on 4/2/2020 the complainant also paid an amount of Rs.30,000/- to OP. So the complainant had paid a total amount of Rs.60,000/- to OP as the advance amount of the tour programme. Ext.A6 is the copy of application given by the complainant to OP dtd.9/3/2020. Ext.A7 is the tour package receipt and Ext.A8(series) is the flight tickets.
According to the complainant he had remitted an amount of Rs.60,000/- as the advance amount of tour package to OP. But the tour programme cancelled due to covid 19 pandemic. So the OP is directly bound to redressal the grievance caused to the complainant. On OP’s side except the version no other documents or evidence produced by the OP to prove their defence. So the act of OP, the complainant caused much mental agony and financial loss. So there is deficiency of service and unfair trade practice on the part of OP. Hence the issue No.1 is found in favour of the complainant and answered accordingly.
Issue No.2&3:
As discussed above the OP is not ready to repay the advance amount to the complainant. The complainant produced Exts.A1 to A8(series) which clearly shows that the tour programme was cancelled only due to Covid 19 pandemic. So the OP is liable to repay the advance amount already collected from the complainant. Therefore we hold that the OP is liable to pay Rs.60,000/- to the complainant as the advance amount already collected from the complainant along with Rs.10,000/- as compensation for mental agony caused to the complainant and Rs.5000/- as litigation cost. Thus the issue No.2&3 are also accordingly answered.
In the result the complaint is allowed in part directing the opposite party to pay an amount of Rs.60,000/- to the complainant as the advance amount already collected from the complainant along with Rs.10,000/- as compensation for mental agony caused to the complainant and Rs.5000/- as litigation cost within 30 days of receipt of this order. In default the amount of Rs.60,000/- carries 9% interest per annum from the date of order till realization. If the OP fails to comply the order, the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019.
Exts:
A1- Copy of lawyer notice dtd.23/10/2020
A2-Postal receipt dtd.27/10/2020
A3-Acknowledgment card by OP dtd.3/11/20
A4-Reply notice dtd.15/11/20
A5-Receipt issued by OP to complainant dtd.12/2/20
A6- Copy of application given by complainant to OP dtd.9/2/23
A7-Receipt of tour package
A8(Series)-Flight ticket(8 in Nos.)
PW1-N.P.Radhakrishnan- complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
