Tamil Nadu

South Chennai

CC/6/2022

Dr. Usha Nandhini and 5 others - Complainant(s)

Versus

Mr. Sethai Pavan, Managing Director, Code Housing Solutions and another - Opp.Party(s)

M/s. K. Thilageswaran

10 Apr 2023

ORDER

Date of Complaint Filed : 20.12.2021

Date of Reservation      : 13.03.2023

Date of Order               : 10.04.2023

          DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT: TMT. B. JIJAA, M.L.,                                         : PRESIDENT

                    THIRU. T.R. SIVAKUMHAR, B.A., B.L.,         :  MEMBER  I 

                    THIRU. S. NANDAGOPALAN., B.Sc., MBA.,  : MEMBER II

               

CONSUMER COMPLAINT No.06/2022

MONDAY, THE 10^th DAY OF APRIL 2023

 

1.Dr.Usha Nandhini,

   2101, TVH Taus Apartments,

   Egatoor,

   Chengalpet-603103.

 

2.Dr Janani,

   12, Kulothungan Street,

   Moovar Nagar, Pozhichalur,

   Chennai-600074.

 

3.Dr Prasan,

   37/20, 6^th street,

   AK swamy Nagar Kilpauk,

   Chennai-600010.

 

4.Dr Sevika,

   37/20 6^th street,

   AK swamy Nagar,

   Kilpauk, Chennai-600010.

 

5.Dr Athul, Kottukal Mana,

   Perumballur PO,

   Peringuzgha,

   Muvattupuzha,

   Ernakulam, Kerala.

 

6.Dr. Sruthy, Kottukal Mana,

   Perumballur PO, Peringuzgha,

   Muvattupuzha, Ernakulam, Kerala.                                  ...Complainants

-Vs-

 

1.Mr.Sethai Pavan,

   Managing Director,

   Code House Solutions LLP,

   Fountain Plaza, suite 329,

   Pantheon Road, Chennai 600008.

 

2.Ms. Shalini Code House Solutions LLP,

   Fountain Plaza, suite 329,

   Pantheon Road,

   Chennai 600008.                                              … Opposite Parties

 

                                                * * * * *

Counsel for the complainant      : M/s. K. Thilageswaran

Counsel for Opposite parties     :  Exparte on 02.06.2022

 

  On perusal of records and having heard the oral arguments of the Counsel for the Complainant, this Commission delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

(i) The Complainant has filed this complaint as against the Opposite Parties under section 35 of the Consumer Protection Act, 2019 and prays to pay the Complainants a remaining sum of Rs.10,25,848/- paid by them to the Opposite Parties for booking air ticket and hotel accommodation along with 9% interest from the date of refund made  by the Air India till its realization and to pay a sum of Rs.2,00,000/- for mental agony and torture suffered by the Complainant along with cost.

I.  The averments of Complaint in brief are as follows:-

1.     The Complainants submitted that they are doctors who planned to travel Europe for attending an International Radiology Conference namely European Congress of Radiology (ECR 2020) orgainized by European Society of Radiology (ESR) scheduled to be held at Vienna, Austria from March 11, 2020 to March15, 2020.

2.     The complainants submitted that therefore to arrange for the air ticket, lodging at Europe they approached the opposite parties who assured them to do so. Accordingly, an itinerary was Prepared on 04.12 2019 for the same by the opposite parties for 11 days starting from 8^th March to 18^th March 2020 for which the complainants paid a sum of Rs 1,54,308/- per person excluding travel allowances and for the travelling allowances Rs 50,000/- per person were paid by the complainants to the opposite parties. As such, a total sum of Rs.12,25,848/- was paid by the complainants to the opposite parties.

3.     Some of the said payments were made through online transactions and few payments were made in cash for which the opposite parties issued a receipt in the name of Fly Easy portraying as their nick name.

4.      The complainants stated that however, due to the sudden outbreak of COVID-19 pandemic, the above stated conference was cancelled and travel restrictions were imposed all over the world including India and Europe. Therefore, the complainants asked about the possibilities of rescheduling the itinerary for which the opposite parties responded that the hotels at Europe were only blocked therefore, it could be rescheduled.

5.    However, the issue of pandemic became serious and there was uncertainty about its impact and there was no sign of resumption of normality. Therefore, the complainants asked the opposite parties to refund the said sum paid by them in the 2nd week of March 2020. However, to their shock and surprise the opposite parties dodging the said refund by saying one or another reason. In a mean while the complainants on through their enquiry have come to know that the flight tickets were refunded by the Air India. However, the opposite parties who received the said amount and who have not spent any amount to book the hotels refused to repay the said sum. However, due to the repeated demand made by the complainants, the opposite parities returned back a sum of Rs.2,00,000/- alone and for the further payment they again started to precipitate the issue. In this regard, several requests and demands made by the complainants to the opposite parties have also not given any fruitful result. Ironically, the opposite parties started to behave harshly towards the complainants.

6.      The complainants submitted that as such the opposite parties unethically and illegally holding the hard earned money of the complainants, which is amounting to deficiency of service and which caused mental agony and injury to the complainants. Hence the complaint.

II. The Opposite Party set ex parte:      

 Notice was sent to the opposite parties and was duly served to Opposite Parties. Despite the notice being served to the Opposite Parties, failed to appear before this Commission either in person or by an Advocate on the hearing date i.e. 02.06.2022. On that day, the opposite parties was called absent and  set ex-parte. Subsequently, the case was proceeded to be heard on merits.

III. The complainant has filed his proof affidavit and Written Arguments, in support of his claim in the complaint and has filed documents which are marked as Ex.A1 to A7.

Points for Consideration:-

 

1. Whether there is deficiency in service on the part of the Opposite Parties?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

POINT NO. 1 :-

7.      The contention of the Complainants is that they are doctors working in Chennai, have planned to travel Europe to attend a Conference, European Congress of Radiology (ECR 2020) organised by European Society of Radiology scheduled to held  in Vienna, Austria from 11.03.2020 to 15.03.2020. The Complainants had approached the Opposite Parties for their travel to Europe who prepared an itinerary on 02.03.2020 as per Ex.A-5 for 11 days from 08.03.2020 to 18.03.2020. It was contended that the Complainants had paid a sum of Rs.1,54,308/- per head apart from Rs.50,000/- per head for travelling allowances. Further contended that due to sudden outbreak of COVID 19 pandemic the conference was cancelled and travel restrictions was imposed. Hence the Complainants had sought for refund of money paid to the Opposite Parties as seen from Ex.A-7. According to the Complainants a sum of Rs.2,00,000/- alone was repaid by the Opposite Parties and the balance amount of Rs.10,25,848/- paid towards booking of air ticket and hotel accommodation had to be refunded to the Complainant.

8.  From the Bank Statement, Ex.A-1 filed by the Complainants,  the following payments were made for the Europe tour by the 2^nd  Complainant on:

1.  19.12.2019    Rs.25,000/-

2.  02.01.2020     Rs.50,000/-

3.  05.02.2020     Rs.23,000 + Rs.50,000/-

 

4.  06.02.2020     Rs.47,250/-

 

From Ex.A-2, Pg.20,Receipt issued in favour of the 1^st Complainant – for Rs.25,000/-.

From the Bank Statement of the 5^th Complainant the following payments were made by the Complainants

1.  18.12.2019     Rs.50,000/-

2.  31.12.2019    Rs.1,00,000/- +  Rs.50,000/-

3.  27.01.2020     Rs.46,000/-

4.  31.01.2020     Rs.97,250/- + Rs.23,000/-

5.  01.02.2020     Rs.1,94,500/-

As per Ex.A-3, the 3^rd and 4^th Complainants had paid Rs.25,000/- each, totally Rs.50,000/-. As per Ex.A-3, the 5^th Complainant had paid Rs.50,000/-, 3^rd Complainant had paid Rs.50,000/-,4^th Complainant had paid Rs.50,000/-, for which payment receipts were issued by Fly Easy which according to the Complainant is issued by the Opposite Parties in their nick name. The Complainants had paid a total sum of Rs.9,81,000/- out of which Rs.2,00,000/- was refunded by the Opposite Parties.

9.     Considering the facts and circumstances of the case this Commission is of the considered view that the act of the Opposite Parties by not refunding the entire amount received from the Complainants after cancellation of their travel due to outbreak of pandemic COVID 19 inspite of the demand made by the Complainants to refund the money paid clearly amounts to deficiency of service. Accordingly, Point No.1 is answered.

Point No.2 and 3:

10.    As discussed in Point No.1, that the Opposite Parties had committed deficiency in service by not refunding the amounts received from the Complainants, the Opposite Parties are liable to refund a sum of Rs.7,81,000/- which is the balance to be paid after deducting the amounts paid by the Opposite Parties with interest at the rate of 9% from the date of the Complaint till date of realization along with Rs.5000/- towards cost of the litigation. Accordingly, Point Nos.2 and 3 are answered.

In the result the Complaint is allowed in part. The 1^st and 2^nd Opposite Parties are jointly and severally liable to pay a sum of Rs.7,81,000/- (Rupees Seven Lakhs Eighty One Thousand Only) along with interest at the rate of 9% per annum from the date of the Complaint till date of realization along with Rs.5,000/-(Rupees Five Thousand Only) towards cost of the litigation to the Complainant within 8 weeks from the date of the receipt of this order.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 10^th of April 2023.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

      MEMBER II                           MEMBER I                       PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	2019 to 2020	Bank statement of the Complainants
Ex.A2	18.12.2019	Receipts issued by the Opposite Parties
Ex.A3	30.12.2019	Receipts issued by the Opposite Parties
Ex.A4	27.01.2019	Message received from the Complainants bank
Ex.A5	02.03.2020	Travel itinerary
Ex.A6	13.05.2020 to 24.11.2021	Communication between the Complainants and the Opposite Parties
Ex.A7		Refund made by Air India

 

List of documents filed on the side of the Opposite Parties:-

NIL

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

      MEMBER II                           MEMBER I                       PRESIDENT