DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Friday the 31st day of March 2023
C.C.339/2022
Complainant
Dr. Barshad A,
Annathattil (HO),
Near Mukkam Health Centre,
Mukkam (P.O),
Kozhikode – 673 602.
(By Adv.Sri.Arun Kalarikkal)
Opposite Parties
Manager,
Switrus Holidays Pvt Ltd,
Kings Way Projects East Fort,
Near Seematty Wedding Collection,
Trissur – 680 005.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
The opposite party is a tour operator. Seeing the advertisement of the opposite party in the newspaper, the complainant contacted the opposite party to know the details about the proposed European Tour. He was informed by the opposite party that there would be a European tour in April 2020 and the total expenses would be Rs.1,25,000/-. He was asked to remit Rs.50,000/- in the account of the opposite party for booking. Accordingly, he paid Rs.50,000/- to the account of the opposite party by transfer on 24-01-2020. The complainant was further directed to remit the balance on or before 20-02-2020. But in the meanwhile, the flights to Europe were canceled due to Covid -19 pandemic. On contacting the opposite party, he was asked to remit the amount in the first week of March 2020. But there was lockdown and the tour programme did not take place.
3. When the complainant demanded back the advance, the opposite party agreed to conduct the tour to Europe after the lockdown period. But after the lockdown period, the opposite party demanded Rs.1,80,000/- for the tour. It was not acceptable to the complainant and he again demanded refund of the advance. Though in May 2022, the opposite party had agreed to transfer the amount to his bank account, they did not do so. On contacting over telephone, the opposite party informed that they are not ready to refund the advance. Hence the complaint for refund of the advance amount of Rs.50,000/- along with Rs.15,000/- as compensation and Rs.10,000/- as cost of the proceedings.
4. The opposite party was set ex-parte.
5.The points that arise for determination in this complaint are :
- Whether there was any unfair trade practice or deficiency of service on the part of the opposite party, as alleged?
- Reliefs and costs.
- The complainant was examined as PW1 and Ext A1 was marked.
- Heard.
- Point No.1 – The complainant has approached this Commission alleging unfair trade practice and deficiency of service on the part of the opposite party. The specific allegation is that the opposite party failed to refund the advance of Rs.50,000/- given by the complainant for European tour, which did not take place.
- PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. It is averred in the proof affidavit that though the opposite party had agreed to refund the advance of Rs.50,000/-, they failed to do so. Ext A1 is the computer printout and it proves transfer of Rs.50,000/- from the account of the complainant to the account of the opposite party on 24-01-2020.
- The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked by the complainant. The case of the complainant stands proved through the testimony of PW1 and Ext A1.The opposite party has no right retain the advance amount. Unfair trade practice and deficiency of service on the part of the opposite party are established and proved. The complainant is entitled to get refund of the advance payment. The complainant is also entitled to get Rs.3,000/- as cost of the proceedings.
- Point No.2 : In the light of the finding on the above point, the complaint is disposed of as follows:
- CC.339/2022 is allowed in part.
- The opposite party is hereby directed to refund the advance payment of Rs.50,000/- (Rupees Fifty Thousand only) to the complainant.
- The opposite party is directed to pay a sum of Rs.3,000/- (Rupees Three Thousand only) as cost of the proceedings to the complainant.
- The payment as aforestated shall be made within 30 days of the receipt of the copy of this order, failing which, the amount of Rs.50,000/- shall carry an interest of 6% per annum from the date of this order till actual payment.
Pronounced in open Commission on this the 31st day of March 2023.
Date of Filing: 09-12-2022.
Sd/-
PRESIDENT
Sd/-
MEMBER
Sd/-
MEMBER
APPENDIX
Exhibits for the Complainant :
Ext. A1 - Computer printout showing transfer of Rs.50,000/- from the account of the complainant to the account of the opposite party on 24-01-2020.
Exhibits for the Opposite Party
Nil.
Witnesses for the Complainant
PW1 - Dr. Barshad A
Witnesses for the opposite parties
Nil.
Sd/-
PRESIDENT
Sd/-
MEMBER
Sd/-
MEMBER
Forwarded/ By Order
Sd/-
Assistant Registrar
