Kerala

Thiruvananthapuram

CC/280/2020

Baiju R - Complainant(s)

Versus

Manager,Bajaj Finserve - Opp.Party(s)

30 Dec 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION

VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

     SRI.P.V.JAYARAJAN           : PRESIDENT

  SMT.PREETHA G NAIR       : MEMBER

                                                                               SRI.VIJU.V.R                       : MEMBER

 

CC.NO.280/2020 (Filed on: 10.12.2020)

ORDER DATED : 30.12.2021

 

COMPLAINANT

            Baiju.V.R,

            Baiju Nivas,

            Nediyavilakam,

            Studio Road, Nemom.P.O

            (Party in person)

                                  VS

OPPOSITE PARTIES

1. The Manager,

Bajaj Finserve, TC.81, Ground 1^st & 2^nd Floor,

Bluestar Arcade, Manjalikkulam Road,

Near Railway Station,

Thampanoor, Thiruvananthapuram, Kerala-695001

 

2. The Manager,

Turtle on the Beach-Annexe,

TC.63/523-1, Beach Road, Kovalam,

Kerala – 695 527

 

3. The Manager,

Make my Trip India Pvt Ltd,

4001, DLF Phase-4, First Floor Land Mark,’

Next to Galleria Market, Gurgaon,

Haryana, India - 122002

 

1.  

 

ORDER

SRI.P.V.JAYARAJAN : PRESIDENT

          This complaint filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

            2.     The case of the complainant in short is that he has booked three rooms in a hotel owned by the second opposite party at Kovalam through the third opposite party Make my Trip India Pvt Ltd. The booking was done for 29.11.2019 to 30.11.2019. For the said purpose the amount of Rs.20,458/-(Rupees twenty thousand four hundred and fifty eight only)  was also paid by using EMI card issued by the first opposite party. The said rooms were booked for the stay of one of the complainant’s friend namely Deepu Mohan. Unfortunately due to some health issues the complainant’s friend, the said Deepu mohan informed the complainant that he could not reach there. This fact was informed to the opposite party within two hours from the time of booking and accordingly the booking was cancelled. Though the booking was cancelled the opposite parties failed to refund the amount of Rs.20,458/- (Rupees twenty thousand four hundred and fifty eight only) which was paid in advance by the complainant to the opposite party. When he contacted over phone the opposite parties requested to furnish the medical certificate and other details and accordingly the medical certificate and other particulars required by the opposite parties were also furnished by the complainant to the opposite parties. Inspite of this the opposite parties failed to refund the amount to the complainant. According to the complainant this indifferent attitude from the opposite parties amounts to deficiency in service and by which the complainant has suffered mental agony and financial loss. Alleging deficiency in service on the part of the opposite parties the complainant approached this Commission for redressing his grievances. After admitting the complaint, this Commission issued notice to the opposite parties. The notice issued to the opposite parties 1 & 2 were served and the notice issued to third opposite party was seen returned with an endorsement unclaimed. Hence process of notice is complete against all the opposite parties. As there was no representation from the side of the opposite parties on the date fixed for their appearance on 22.01.2021, the opposite parties 1 to 3 were called absent and they were declared exparte.

                3.     The evidence in this case consists of PW1, Exts.P1 to P3 on the side of the complainant. The opposite party being declared exparte, there is no oral or documentary evidence on the part of the opposite party.

Points to be considered

1. Whether there is any deficiency in service and unfair trade practice on the part of the opposite parties?
2. Whether the complainant is entitled to get the relief claimed in the complaint?
3. Order as to cost?

               4.      Heard. Perused records. To prove the case of the complainant the complainant himself sworn an affidavit as PW1 and Exts.P1 to P3 produced and marked. Ext.P1 is the copy of invoice. Ext.P2 is the copy of medical certificate.Ext.P3 is the copy of prescription letter. By swearing an affidavit by the complainant as PW1 and marking the documents as Exts.P1 to P3, we find that the complainant has succeeded in establishing his case in the absence of any contra evidence on the part of the opposite parties. The evidence adduced by the complainant is accepted in view of the absence of any contra evidence on the part of the opposite parties.  Hence we find that this is a fit case to be allowed.

              In the result, the opposite parties 1 to 3 are jointly and severally directed to pay Rs.20,458/- (Rupees twenty thousand four hundred and fifty eight only) with Rs.20,000/- (Twenty thousand only) compensation along with Rs.2500/-(Rupees two thousand and five hundred only) towards cost of this proceedings to the complainant within 30 days from the date of receipt of this order failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of remittance or realisation.

                   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 30^th day of December 2021.

 

                                                                                                                                                                            Sd/-

P.V.JAYARAJAN    : PRESIDENT

 

                                                                                                                                                                              Sd/-

                                                                                                                                                  PREETHA G NAIR      : MEMBER

 

 

                                                                                                                                                                            Sd/-

                          VIJU.V.R                : MEMBER

 

Be/

 

APPENDIX

CC.NO.280/2020

COMPLAINANT’S WITNESS

 PWI         – Baiju.R

Exhibits for the Complainant

Ext.P1      - copy of invoice

Ext.P2      - copy of medical certificate

Ext.P3      - copy of prescription letter

OPPOSITE PARTY WITNESS    - NIL

Exhibits for the opposite party - NIL
 

Court Exhibit                           - NIL

 

 

                                                                         Sd/-

                                                                  PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BEFORE THE DISTRICT

CONSUMER DISPUTES

REDRESSAL COMMISSION

VAZHUTHACADU

THIRUVANANTHAPURAM

 

CC.NO.280/2020

ORDER DATED : 30.12.2021