BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE

Dated this the 31^th AUGUST 2015

PRESENT

        SMT. ASHA SHETTY           :  HON’BLE PRESIDENT

        SMT.LAVANYA M. RAI        :   HON’BLE MEMBER                                        

SRI B. NIRMALAKUMAR     :   HON’BLE MEMBER

COMPLAINT NO. 51/2014

(Admitted on 12.02.2014)

Mr. BABA MANOJ R. NAIR

S/o Raman Kutty Nair,

Aged 37 years, Senior Manager,

Public Relations Division

Corporation Bank, head Office, 1^st floor

Millennium Building

Mangaladevi Temple Road,

MANGALORE-575001.                   …….. COMPLAINANT

(Advocate for Complainant: Sri K.P. Vasudeva rao)

 VERSUS

Mr. Jihans,

Proprietor,

Fatheri’s Name not known, Adult

AZTECH Holidays, Door No. 29/1349 D5,

2^nd Floor, GCG City Gate.

Vytilla

COCHIN-582019.                           ……OPPOSITE PARTY

(Opposite Party : Ex-parte)

ORDER DELIVERED BY HON’BLE PRESIDENT

SMT. ASHA SHETTY

I.       1. This complaint is filed under Section 12 of the Consumer Protection Act 1986, wherein the complainant alleges deficiency in service as against the Opposite Party claiming certain reliefs.

The brief facts of the case are as under:

The complainant is a senior manager in public relations division in corporation Bank, by virtue of the employment and seniority. The complainant was entitled to avail leave fare concession travel facility for himself, his wife and two minor children.  By virtue of the said seniority the complainant was able to get a sum of Rs. 4,52,000/-(Rupees Four Lakhs fifty two thousand only) for traveling in India and abroad with family. The opposite party advertised that, he will arrange trip to Russia and to believe the complainant make arrangement for visiting Russia and the complainant in all paid Rs. 4,52,000/- well in advance.

It is stated that, contrary to the said undertaking the Opposite Party did not take any initiative to explain above the tour program schedule to commence on 21.12.2013.  The complainant reached in Cochin Opposite Party having registered office.  When see the office premises it was closed. Thereafter the complainant tried to contact Opposite Party, but the Opposite Party refused to contact meet complainant, later the complainant learned that, Opposite Party is fraudulent person.  Thereafter, the complainant wrote several letters to the Opposite Party by Email and also lodged a police complaint. The Opposite Party not arranged to tour nor refunded the amount. Hence the above complainant field U/sec 12 of the Consumer Protection Act 1986. Seeking direction from the Opposite Party to refund the entire amount paid by him along with compensation and cost of the proceedings.   

II.         1. Version notice served to the Opposite Party by R.P.A.D. The notice issued to opposite party returned as “UNCLAIMED”. Since it is returned as unclaimed it is deemed to served. Hence we have proceed Ex-parte.

III.      1.  In support of the complaint, Mr. BABA MANOJA R. NAIR. (CW1) the Complainant filed affidavit reiterating what has been stated in the complaint and produced Ex. C1 to C10. Opposite Parties ex-parte.

          In view of the above said facts, the points now that arise for our consideration in this case are as under:

1. Whether the complainant proves that the opposite party have committed deficiency in service?
2. If so, whether the complainant is entitled for the reliefs claimed?
3. What order?

We have considered the notes/oral arguments submitted by the learned counsels and also considered the materials that was placed before this Forum and answer the points are as follows:

Point No. (i) and (ii): Affirmative

Point No. (iii) and (iv). As per the final order.

REASONS

IV. 1. POINTS NO. (i) to (iv): The complainant in order to substantiate the averments made in the complaint filed affidavit supported by documents i.e. Ex c-1 to C-10.  The Ex C-1  is the Emails between complainant and opposite party and Ex C-2 is the bank statement of account which clearly depicts that the opposite party informed the complainant that they will arrange trip to Russia and made the complainant to believe the same by sending Emails of tour programs and staying facilities. The complainant by believing the said information paid of Rs. 4,52,000/- well in advance. In addition to that the complainant paid Rs. 16,000/- for Viza re stamping because of postponement of the tour to December 21^st 2013, which was paid on 15.10.2013 by crediting through their bank account.  We noticed that thereafter the opposite party closed their office and refused to meet the complainant and not at all tried to get necessary visa from Russia Ambassy. The complainant had addressed several letters as per exhibits in-spite of that the opposite party not arranged trip to Russia in-spite of taking so much of amount in advance thereby the opposite parties failed to perform their obligations which they have undertaken in this case which amounts to deficiency in service.   

          Apart from the above the opposite party in-spite of receiving version notice not appeared nor contested the case. That the entire evidence placed by the complainant not contradicted nor controverted by the opposite party.  That, the unrebutted evidence requires no further proof. Therefore the opposite party are liable to refund the entire amount paid by the complainant and also pay adequate damages for the inconvenience caused to complainants.

By considering the above aspect, the complaint is allowed and opposite party is hereby directed to refund the entire amount i.e. Rs. 4,68,000/- and also pay Rs. 50,000/- as damages to the complainant.  Further pay Rs. 3,000/- as cost of the litigation expenses. Payment shall be made within 30 days from the date of this order.

In the result, we pass the following:-

ORDER

The complaint is allowed. The opposite party shall pay   ₹ 4,68,000/- to the complainant and also pay Rs. 50,000/- as compensation and further pay Rs. 3,000/- as cost of litigation expenses. Payment shall be made within 30 days from the date of receipt of this order.

In case of failure to pay the above mentioned amount within the stipulated time, the Opposite Party is directed to pay interest at the rate of 12% per annum on the above said total amount from the date of failure till the date of payment.

Copy of this order as per statutory requirements, be forward to the parties and file shall be consigned to record room.

(Page No.1 to 7 dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 31^ST day of AUGUST 2015)

                PRESIDENT       MEMBER         MEMBER

ANNEXURE

Witnesses examined on behalf of the Complainant:

CW-1  :       Mr. Baby Manoj R. Nair                  – Complainant.

Documents produced on behalf of the Complainant:

Ex. C1 :      Letters by E-mail (complainant and

opposite party)

Ex. C2 :      Bank statement of Account (Pass Book)

Ex. C3 :      Copy of Lawyers Notice to complainant

dated 26.12.2013

Ex. C4 :      Copy of reply notice by complainant

Ex. C5:       The Office copy of the Lawyer’s Notice to

opposite party.

Ex. C6:       Unclaimed R.P.A.D

Ex. C7:       Copy of police complaint by complainant

dated 06.01.2013.

Ex. C8 :      Copy of the Endorsement by police station

dated 08.01.2014.

Ex.C9:        Copy of the loan agreement paper.

Ex.C10:      Copy of online ticket to Railway dated 20.12.2013.

Witnesses examined on behalf of the Opposite Party:

- Nil -

Documents produced on behalf of the Opposite Party:      

- Nil -

Dated: 31.08.2015.                                          PRESIDENT