Per – Hon’ble Mr. P. N. Kashalkar, Presiding Judicial Member
Heard Adv. Ashish P. Gogate on behalf of the Appellant/original Opponent and the Respondents/original Complainants in person.
[2] This an appeal filed by the Appellant/original Opponent, namely – Travel Pax Holidays (hereinafter referred to as ‘travel agency’ for the sake of brevity) challenging the judgment and order dated 8/4/2011 passed by the Additional District Consumer Disputes Redressal Forum, Thane (hereinafter referred to as ‘the District Forum’ for the sake of brevity) in Consumer Complaint No.212 of 2010, Mr. Vasant Govind Kulkarni and Another Vs. Travel Pax Holidays. By the impugned order, the District Forum allowed the complaint and directed the travel agency to refund to the Respondents/original Complainants (hereinafter referred to as ‘the Complainants’ for the sake of brevity) an amount of `2,47,550/- together with interest thereon @ 18% p.a., and to pay an amount of `50,000/- by way of compensation towards physical and mental agony besides costs of `5,000/-. Feeling aggrieved by the said order the travel agency has preferred this appeal.
[3] Primarily the travel agency is challenging the impugned order on the ground that it had not contested the complaint before the District Forum for the reason that one Mr. Amit Kadam who was its Manager was looking after the management of the Thane Branch of the travel agency and this consumer complaint pertained to the said branch and Mr. Amit Kadam deserted the job of the travel agency and as such, the travel agency could not contest the consumer complaint after receipt of notice issued by the District Forum and, therefore, the travel agency could not file its written version and the consumer complaint proceeded ex-parte against the travel agency and thus, impugned ex-parte award has came to be passed in favour of the Complainants. The travel agency pleaded that on merits it has a very good case and if, the travel agency is permitted to file its written version alongwith an evidence affidavit in support thereof, the travel agency would be in a position to place on the record before the District Forum as to why twice or thrice foreign tour was required to be rescheduled because of volcanic eruption in Europe in the months of March/April-2010.
[4] We are of the view that the travel agency needs to be given one more fair chance to contest the consumer complaint since the travel agency would be in a position to explain the circumstances which were beyond its control and as to why the travel agency was postponing or rescheduling the foreign trip undertaken by the Complainants twice or thrice and why when ultimately the Complainants cancelled the foreign trip the travel agency had still made the booking of all the passengers including the Complainants and, therefore, direction of the District Forum to the travel agency to refund to the Complainants full amount of `2,47,550/- would be unjust in the circumstances obtainable and, therefore, the travel agency has prayed that this appeal may be allowed and impugned order passed by the District Forum may be quashed and set aside and the consumer complaint may be remanded back to the District Forum for fresh trial. Travel agency admits that subject to certain costs it may be given second innings to contest the matter. In the circumstances, we pass the following order:-
ORDER
1. Appeal is allowed.
2. Impugned order dated 08th April, 2011 passed by the Additional District Consumer Disputes Redressal Forum, Thane in Consumer Complaint No.212 of 2010 is hereby quashed and set-aside.
3. The complaint is remitted to the District Consumer Disputes Redressal Forum, Thane in place of Additional District Consumer Disputes Redressal Forum, Thane since in that case point of jurisdiction raised in this appeal will not be raised in the written version that may be filed by the Appellant/original Opponent. This remand of consumer complaint is subject to payment of costs of `25,000/- to be paid by the Appellant/original Opponent to the Respondents/original Complainants on the very first date on which the Appellant/original Opponent will appear before the District Consumer Disputes Redressal Forum, Thane.
4. Both the parties are directed to appear before the District Consumer Disputes Redressal Forum, Thane on 05th June, 2012.
5. The District Consumer Disputes Redressal Forum, Thane is hereby directed to decide this consumer complaint within a period of three months from 05th June, 2012 on which date alongwith payment of costs, as ordered here-in-above, the Appellant/original Opponent shall tender its written version and also file affidavit evidence.
6. Inform the parties accordingly.
Pronounced and dictated on 26th April, 2012
