Date of filing : 11-11-2011
Date of order : 27-11-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.287/2011
Dated this, the 27th day of April 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
C.Naryanan, } Complainant
S/o.Late. P.Kumaran,
R/at Cinish Nivas,
Po.Chayyoth, Kasaragod.Dt.
(Adv.Rejil Bharathan, Hosdurg)
Managing Director, } Opposite party
Vivekananda Travels(P) Ltd,
Head Office, G.H.Road, Calicut.
Kozhikode.District.
(Ex-parte)
O R D E R
SMT.P.RAMADEVI, MEMBER `
The complainant Mr.C.Narayanan filed this complaint against opposite party the
Managing Director, Vivekananda Travels alleging deficiency in service.
The fact of the case in brief is that the complainant along with three others booked tickets from opposite party from their Kannur office for Malasia tour operated by opposite party company on 24-10-2009 and paid an advance amount of `20,000/- and handed over their passport to the opposite party. Later the complainant paid the balance of `40,000/- to the opposite party for and on behalf of other three persons namely Chenamadathil Ambu, Krishnan.V and Philip Mambally. The trip was scheduled and on 28-03-2010 due to some reason known to the opposite party the trip was cancelled and on 7-4-2010 the complainant received a letter from the opposite party that they are conducting trip to Malasia on 28-04-2010 and 7-05-2012 for which the complainant and others were willing to go to Malasia on 28-04-2010. But subsequently that trip also was cancelled. Thereafter the passports were returned to the complainant and others but the opposite party failed to refund `60,000/- which they collected from the complainant. The complainant approached several times for the amount and lastly he sent a registered notice asking for the refund of `60,000/-. But the opposite party failed to pay the amount so far. Hence this complaint is filed for necessary reliefs.
2. After admitting the complainant on file the Forum issued notice to the opposite party. On receipt of notice one Counsel proposed to file vakalath. But subsequent postings the opposite party neither appeared or filed their version. Name of opposite party called absent and set exparte.
3. Hence the complainant filed affidavit in lieu of Chief-examination and Exts. A1 to A4 marked. Heard the counsel for complainant and documents perused.
4. After considering the facts of the case the following issues raised for consideration.
1. Whether there is any deficiency in service on the part of opposite party?
2. If so, what is the relief as costs and compensation ?
Here the cancellation of scheduled trip is a clear case of deficiency in service since the Pilgrims or tourists will be disappointed due to the act of the opposite party. Moreover, the failure to return the amount also is a deficiency in their service. No contra evidence is adduced by the opposite party. Hence we are of the view that there is deficiency in service on the part of opposite party and the complainant is entitled to get the compensation.
Here the documents shows that the complainant paid the amount for and on behalf of above named three persons also. Hence he is entitled to receive the entire amount.
Therefore the complaint is allowed and opposite party is directed to pay `60,000/- which the opposite party collected from the complainant by way of Flight charges and opposite party is further directed to pay `50,000/- as compensation for mental agony and `3000/-towards cost of this proceedings. Time for compliance is 30 days from the date of receipt of copy of the order.
MEMBER MEMBER PRESIDENT
Exts.
A1.24-10-09 receipt for an amount of `20,000/-
A2.06-02-2010 Acknowledgement letter for receiving passports of the complainant and 4
Ors.
A3. 18-02-10 Receipt for an amount of `40,000/-
A4. 7-4-10 letter issued by the OP to the complainant.
MEMBER MEMBER PRESIDENT
Pj/
Pj/
