BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> C.C.No. 172/2007 Filed on 16.07.2007<br /> Dated : 30.09.2008<br /> Complainant:<br /> <br /> Babu, Melemadam Thala Nira Puthen Veedu, Perumpazhuthoor P.O, Neyyattinkara. <br /> <br /> Opposite party:<br /> <br /> Manager, Thankam Travels, Parassala. <br /> <br /> This O.P having been heard on 09.09.2008, the Forum on 30.09.2008 delivered the following:<br /> <br /> ORDER<br /> <br /> SMT. BEENAKUMARI.A: MEMBER<br /> <br /> The facts of the case are as follows: The complainant had booked a four day tour programme in the office of the opposite party, the Thankam Travels at Parassala on 01.02.2007. The tour programme starts from Parassala-Mampazhakkara-Vallioor-Thirumangalam-Poonthi-Velankanni-Thanjavoor-Trichi-Madurai. As per the programme the tour has to start on 11.04.2007 and end on 14.04.2007. The complainant had remitted an amount of Rs. 1000/- as advance. Thereafter he remitted Rs. 4000/- more to include Kodaikanal in the tour programme and thus the total amount was Rs. 26000/-. The complainant had paid Rs. 1000/- on 04.03.2007 and Rs. 14000/- on 07.04.2007 and the opposite party issued order form. Whileso due to some unavoidable circumstances the complainant was compelled to change the tour programme and informed the matter to the opposite party. As per the conditions in the order form the opposite party is bound to return the amount except the advance amount Rs. 1000/- and Rs. 1250/- each for the booking date. Hence the complainant is liable to get the balance amount after deducting the advance amount of Rs. 1000/-+ Rs. 1250/- x 4 booking days. The complainant approached the opposite party and requested the refund of Rs. 10,000/- to him. But the opposite party was not ready to refund the amount. Hence the complainant sent an advocate notice to the opposite party on 12.06.2007. The opposite party received the notice and sent a reply notice stating some false facts which are against truth. Hence he approached before this Forum for the redressal of his grievances. <br /> <br /> The opposite party accepted notice sent by this Forum, but did not appear before this Forum to contest the case. Hence the opposite party remained exparte. The complainant has filed affidavit and produced the document which were marked as Exts. P1 to P4. <br /> <br /> Points to be considered:<br /> (i)Whether there is unfair trade practice or deficiency in service on the part of opposite party?<br /> (ii)Whether the complainant is eligible to get the reliefs sought for?<br /> (iii)Costs.<br /> <br /> In this case the complainant has produced 4 documents to prove his complaint. The documents were marked as Exts. P1 to P4. Ext. P1 is the postal receipt, Ext. P2 is the copy of advocate notice dated 12.06.2007. Ext. P3 is the order form of opposite party dated 01.02.2007. Ext. P4 is the reply notice send by the opposite party to the complainant dated 25.06.2007. Ext. P3 document shows that the complainant had paid Rs. 16000/- to the opposite party. This document contains the terms and conditions of the opposite party. As per the 5th and 8th clause of the agreement the opposite party is not bound to refund the advance amount and is entitled to take Rs. 1250/- per day from the complainant if there is cancellation. As per this condition the opposite party is liable to refund Rs. 10000/- to the complainant. The complainant had booked the bus for four days i.e; from 11.04.2007 to 14.04.2007. <br /> <br /> For that the opposite party is entitled to obtain Rs. 5000/- from the amount of Rs. 16000/- paid by the complainant. The opposite party also admitted in the reply notice that he had obtained Rs. 16000/- from the complainant. In this case the complainant had informed the matter to the opposite party on 10.04.2007 that the tour programme was cancelled. Hence the opposite party had some loss for that. He charged Rs. 6000/- for that loss. As per the terms and conditions that amount is sufficient to the opposite party for his loss. The opposite party is liable to refund the balance amount of Rs. 10,000/- to the complainant, that is the fair practice. In this case the complainant has proved his case through documents and pleadings. His pleadings stand unchallenged. The complainant has succeeded in establishing deficiency in service on the part of the opposite party for which the complainant has to be compensated. Hence the complaint is allowed. <br /> <br /> <br /> In the result, the opposite party is directed to refund Rs. 10,000/- to the complainant and also shall pay Rs. 2,000/- as compensation and Rs. 1,000/- as cost. Time for compliance one month. Thereafter 12% interest per annum shall be paid on the above mentioned amounts till the realisation of the amount. <br /> <br /> <br /> 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. <br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 30th September 2008.<br /> <br /> <br /> <br /> BEENAKUMARI. A : MEMBER<br /> <br /> <br /> G. SIVAPRASAD : PRESIDENT<br /> <br /> <br /> S.K. SREELA : MEMBER <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> C.C.No. 172/2007<br /> APPENDIX<br /> I COMPLAINANT'S WITNESS : <br /> PW1 - Babu. N.R<br /> II COMPLAINANT'S DOCUMENTS :<br /> <br /> P1 - Photocopy of order form dated 01.02.2007.<br /> P2 - Photocopy of advocate notice dated 12.06.2007.<br /> P3 - Copy of postal receipt.<br /> P4 - Reply notice dated 25.06.2007.<br /> <br /> III OPPOSITE PARTY'S WITNESS :<br /> NIL <br /> IV OPPOSITE PARTY'S DOCUMENTS :<br /> NIL<br /> <br /> <br /> PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />