IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION MADIKERI

           SRI. M.S. RAMACHANDRA, PRESIDENT

O R D E R

The brief facts of the complaint is as follows;

1. That the opposite parties are the partners of Indoi Holidays which provides service in Travel and Tourism including cruise trips.  The complainant was approached by the opposite party no.1 and represented that he would organize a tour to Maldives and Srilanka in a cruise trip for Rs.70,800/-and accordingly the complainant paid an amount of Rs.41,800/- on 23/09/2019 through NEFT to the account of the first opposite party and an amount of Rs.23,000/- through NEFT to the account of the first opposite party on 26/09/2019 and also an amount of Rs.6,000/- is deposited through cash deposit machine at SBI Virajpet Banch and the complainant was promised that the tickets would be ready at least two weeks prior to the trip which is scheduled on 30/11/2019.  The complainant has ooked travel tickets on Indigo Airlines from Cochin to Male Airport at Maldives fro 30/11/2019 by paying an amount of Rs.13,862/-.

2. That the complainant received a message from the cruise company on 21/10/2019 stating that he has to deposit an amount of Rs.49,019/- at the earliest and the complainant was shocked to know that the opposite party has not paid the said amount in spite of receiving the entire tour charges form the complainant.

3. That the complainant enquired about the same, and found out that the opposite party no.1 is in judicial custody at Madikeri prison in another case and the complainant approached the opposite party no.1 in the prison and sought clarification about the said payment in dues.  The opposite party no.1 gave evasive answers and promised to pay the amount within a day or two through the opposite parties no.2 and 3.  In spite of lapse of many days, the complainant confirmed that the said payment is not yet done and the said acts of the opposite parties have caused great mental agony and loss to the complainant.

4. That by not remitting the amounts paid by the complainant to the cruise company the opposite parties have committed the wrong of unethical trade practice, and deficiency in service.  The said acts have caused great financial loss to the complainant, along with hardship, damages and injury.  The opposite parties have thus committed deficiency in service resulting in loss to the complainant.  The cruise company has telephonically informed the complainant that if the said deposits are not made before the 31^st of October 2019, the advance amount will be forfeited and he will not be offered the cruise trip.

5. That the complainant approached the opposite parties several times but to no avail.  The said acts of the opposite parties have cause great financial loss to the complainant along with hardship, damage and injury.  The opposite party has thus committed deficiency in service resulting in loss to the complainant.  The complainant had approached the Virajpet Police regarding the said acts and he was given an endorsement by the police on 23/10/2019 that the complainant has to approach appropriate authority for the relief sought by him and hence the above complaint and the points that arise for our consideration are;

1. Whether the complainant proves that there is a deficiency in service on the part of the opposite party firm by not arranging the tour their Cruise and thereby proves that he is entitled for the relief sought?
2. What order?

6. Our findings on the above points is as under;

• Point No.1:- Partly Affirmative
• Point No.2:- As per the final order for the

                       following;

7. Notice to the opposite party duly served as per the postal acknowledgement due.  Inspite of that the opposite party remained absent all the opposite parties have been placed exparte.

8. The complainant in support of their contention have filed chief examination affidavit along with all  relevant documents to support his claim.  Heard arguments matter is posted for orders.

R E A S O N S

9. The complainant averred in complaint that opposite party nos.2 and 3 are the partners of opposite party no.1 is Managing Partner of the firm.  The business of the opposite party firm is arranging holiday travel and trips to the tourism places.

10. The complainant attracted by the broacher and the advertisement given by the opposite party. complainant approached the opposite party company planning trip to the Maldives and Srilanka in cruise  and the package of the tour is Rs.70,800/- and the complainant has also paid amount of Rs.41,800/- on 23/09/2019 through NEFT and also Rs.23,000/- through NEFT on 26/09/2019 an amount of Rs.6,000/- is also deposited through cash from SBI Virajpet Branch to the opposite party company towards the said trip.  It  is further contended that as per the schedule of the opposite party company the trip date was fixed on 30/11/2019.  The complainant has also booked Air ticket through Indigo Airlines  from Cochin to Male Airport at Maldives on 30/11/2019 by paying amount of Rs.13,862/-.

11. In the mean time complainant received a message from cruise company on 21/10/2019 that he has to deposit an amount of Rs.49,019/- at the earliest to the cruise company by seeing this the complainant is shocked to know that inspite of receipt of the entire amount of Rs.49,019/- the opposite party did not transfer the payment to the cruise trip company.  Aggrieved by the act and attitude the complainant enquired about the opposite party and it is found that the opposite party no.1 is in judicial custody in another case.  When the complainant approached the opposite party no.1 in the prison he gave evasive answer trying to escape from the liability.

12. The complainant further stated that by the act and action of opposite party company complainant suffered financial loss and he has to undergone mental tension.  The act of the opposite party despite receipt of entire trip amount the opposite party has failed to transfer the same to the trip organizing cruise company.  This act of the opposite party deliberately shows that the opposite party company has committed deficiency in service on their part and he is also practicing unfair trade practice by cheating the complainant.  With no other alternative complainant approached the Commission for the redressel of grievance.  Hence this complaint seeking for the relief of refund of entire amount along with other cost.

13. The complainant has produced all the relevant documents in support of his contention and the  bank account statement is also produced which establishes that the complainant has deposited the entire trip consideration of Rs.70,800/- to the opposite party company.  The complainant has also produced flight ticket booking document to travel  from Cochin to Male Airport which also establishes that he bought Air ticket for Rs.13,862/- all the complaint averments is established with cogent and convincing  evidence and Police complaint is lodged by the complainant against the opposite party as per the police acknowledgement  produced.  All these documents clearly establishes that the opposite party under the guise of providing cruise trip and also by receiving the entire amount of trip has cheated and committed deficiency in service to the complainant.  The act of the opposite party has clearly establishes that intention of the company is clear that they wanted to make unlawful gain by cheating the complainant.  This fact is proved by the conduct of the opposite party company. 
14. The complainant has relied on the judgment rendered by the Hon’ble National Consumer Disputes Redressal Commission, Delhi which is reported in CPR 2018(1) in a case between M/s Singla Builders and Promoters Ltd V/s Amar Kumar Garg “wherein it is held that non filing of written version to the complaint before the Commission amounts to admission of allegation leveled aainst them in consumer complaint”.

Ruling of the National Commission is clear when the oppoiste party is placed exparte in the case on hand by relying on the principles of the above ruling the contention of the complaint is held as proved fact in the absence of any rebutting evidence from the oppoiste party side.Hence, by relying on the principles of ruling rendered by the highest commission the entire complaint allegation is to be held as proved fact beyond resonable doubt.

15.   Therefore, in view of the above discussion on perusal of the documents it is held that there is a deficiency in service on the part of opposite party company firm and thereby they are also committed unfair trade practice, for which they are held liable to pay the lawful  costs cause to the complainant.  At the same time the complainant is also entitled for the relief.  The opposite party No.1, 2 and 3 are jointly and severally liable to pay a sum of Rs.70,800/- to the complainant. Accordingly, we proceed to pass the following;

O R D E R

1. The complaint filed by the complainant is allowed in part.
2. The opposite parties are jointly and severally held liable to pay a sum of Rs.70,800/- to the complainant within sixty days along with interest at the rate of 8% from 23/09/2019 till payment is made.  The opposite party is also liable to pay Rs.10,000/- for deficiency in service  and the cost of Rs.3,000/- to the complainant, failing which the opposite party shall pay the interest on the said amount at the rate of 6% per annum from the date of order till payment is made
3. Furnish copy of the order to the complainant and opposite parties at free of cost.
4. For the non compliance of the order complainant is at liberty to file E.P under section 72 of Consumer Protection Act, 2019.

(Dictated to the Stenographer, transcribed, corrected and pronounced in the open Forum on this 14^thDAY OF AUGUST, 2020)

   (N.R. ROOPA)         (M.S.RAMACHANDRA)    (B. NIRMALA KUMAR)

      MEMBER                  PRESIDENT                          MEMBER