Complaint filed on: 28-04-2020

                                                      Disposed on: 14-07-2021

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.04/2020

DATED THIS THE 14^th DAY OF JULY, 2021

PRESENT

SRI.C.V.MARGOOR, B.Com, L.L.M, PRESIDENT

SRI.KUMARA.N, B.Sc., L.L.B, MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

Complainant: -                    

Sudeep Aradhya.T.C

S/o late T.G.C.Aradhya

Aged 47 years

R/o Channashree,

Sharadadevinagar,

Tumkur city

(In person)

V/s

Opposite parties:-    

1. Manish Agarwal

Managing Director,

Neem Holidays Pvt. Ltd

501, Synergy Business Park,

Sahakar Wadi, Off Arey Road,

Near Let Bhatti,

Opp. Veerawani Industrial Estate, Goragaon east, Western Express Highway

Mumbai-400 063

Local Address:-

2. Manish Agarwal

Neem Holidays Pvt. Ltd

S.No.5907, Ground floor,

South Block, Manipal Center

No.47, Dickenson Road,

Office: MG Road, Bangalore

(Exparte)

ORDER

SRI.KUMARA.N, MEMBER

This complaint has filed by the complainant Sri.Sudeep Aradya.T.C residing at Tumakuru to direct the OP Nos.1 and 2 (hereinafter called as OPs) to refund the total amount of Rs.5,90,000=00 towards unfair trade practice made by the OPs together with interest at the rate of 18% p.a. and also direct the OPs to pay Rs.1,50,000-00 towards the general damage for mental shock and agony suffered by him to the complainant for showing deficiency in service in not refunding the above amount and costs and such other reliefs in the interest of justice .

2. OP No.1 is Mr.Manish Agarwal, Managing Director, Neem Holidays Pvt. Ltd, Mumbai-400 063 and OP No.2 is branch office of the 1^st OP.

3. It is the case of complainant that OPs have made promise of appointing complainant as “Franchise” by paying 5% commission towards sale of Neem Holidays Tour package and made the complainant to deposit Rs.2,00,000-00 towards security on 12-1-2018 and further OPs sent the franchise agreement and made complainant to book 65 single tour package pricing Rs.1,20,000=00 rounding about Rs.78,00,000-00. Accordingly the complainant is entitled to 5% of the commission, which comes to Rs.3,90,000-00.

4. After booking tour package the OPs have failed to pay commission as agreed inspite of complainant repeated contacts and written request and legal notice dated 11-3-2019 hence, this complaint.

5. My predecessors in office have placed OP No.1 and 2 as exparte by holding that the notice is duly served on them.

6. The complainant filed affidavit and submitted documents copy of legal notice Ex-P1, postal receipt Ex-P2, postal acknowledgement Ex-P3, postal track Ex-P4, bank challan (Rs.2,00,000-00) Ex-P5,  email correspondence of OP Ex-P6 and Franchise Agreement Ex-P7.

7. We have perused the documents Exs-P1 to P7 submitted by the complainant and affidavit, the points that would arise for determination are as under:

1)      Whether the complainant proves unfair trade practice and deficiency in service by the OPs?

2)      Is complainant entitled to the reliefs sought for?

8. Our findings on the aforesaid points are as follows:

Point No.1: In the affirmative   

Point No.2: In the partly affirmative

for the below

REASONS

          9. Point No.1 to 2: The complainant in his affidavit evidence has reiterated the averments of complaint.
The OPs have promised the complainant to become franchise by paying security deposit of Rs.2,00,000-00 and in turn the complainant to get 5% commission on sale of tour package.

          10. The complainant has produced the copy of franchise agreement (Ex-P7) which was sent by OP after depositing security deposit of Rs.2,00,000-00 in the OP account on 15-1-2018 vide Ex-P5 HDFC counter foil by the complainant. The copy of franchise agreement produced by the complainant. The complainant in the said representation has alleged that the OPs have intimated that he will come to Bengaluru office on 12^th March, 2018 for execution of said franchise agreement. But the OP has not turned up. Further the complainant alleged that he has arranged 65 package booking at a single pricing Rs.1,20,000-00 each rounding about Rs.78,00,000-00 and all 65 passengers made payment directly to OPs. As per franchise agreement the complainant is entitled to 5% of the commission i.e. Rs.3,90,000-00 but the complainant has not produced any documents to prove the 65 booking made by him.

          11. The documents produced by the complainant establish that the OPs have committed not only deficiency in service but also played unfair trade practice by receiving huge amount from the complainant with false promise. The complainant has asked for Rs.1,50,000-00 compensation for mental agony and suffering but the complainant has not produced any convincing material to show that he has suffered mental agony to award huge compensation amount as such the mental agony could not be assessed. The complainant is entitled to an amount of Rs.50,000-00 as compensation, since the complainant made efforts in settling booking as per franchise agreement. The OP has failed to provide any of the services even after receipt of the security deposit of Rs.2,00,000-00 from the complainant. In the result, we proceed to pass the following;

ORDER

The complaint filed by Sudeep Aradhya.T.C is partly allowed directing the OP Nos.1 and 2 to refund Rs.2,00,000-00 to the complainant with interest at the rate of 8% per annum from 12-1-2018 till its payment.

It is further ordered that the OP Nos.1 and 2 shall pay a sum of Rs.50,000-00 as compensation along with litigation cost of Rs.5,000-00 to the complainant within 30 days from the date of this order. Otherwise, it carries interest @ 8% p.a. from the date of filing the complaint till the date of payment.

Furnish the copy of order to the complainant and opposite parties at free of cost.

(Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 14^th day of July, 2021).

LADY MEMBER                      MEMBER                 PRESIDENT