BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 6th day of December 2017
Filed on : 14-10-2014
PRESENT:
Shri. Cherian K. Kuriakose, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member.
CC.No.774/2014
Between
Kurien John, : Complainant
S/o. C.K. John, (By Adv. Alan Papali, M.K. Damodaran
'Pattumudy Estate', & Associates, Kacheripady,
Karadikuzhy, Permade, Idukki. Kochi-682 018)
And
1. Anil Jose, : Opposite parties
CEO, Green Channel India
Holidays Pvt. Ltd.,
Green Channel India Holidays
Pvt. Ltd., 21/1167, Kizhavana
road, Panampilly Nagar,
Kochi-682 016.
2. M/s. Green Channel India (2nd o.p. absent)
Holidays Pvt. Ltd., 21/1167,
Kizhavana road, Panampilly
Nagar, Kochi-682 016.
O R D E R
Cherian K. Kuriakose, President.
1. Complainant's case
2. The complainant, on seeing the advertisement of the opposite parties in news papers that are organizing trips to Holly Land, contacted the 2nd opposite party M/s. Green Channel Holidays Pvt. Ltd. along with his wife and daughter to join the trip, by booking their seats scheduled in the trip between November 26 to December 2012. The 2nd opposite party informed the complainant that the total expenses for the tour would be 2,19,000/-. As requested by the opposite parties the complainant paid Rs. 30,000/- on 18-09-2012 and Rs. 1,89,000/- on 30-10-2012 directly to the opposite parties through NGTS transfer. The opposite parties later informed to the complainant that due to political instability in Israel the trip has been rescheduled to February 2013 . The opposite parties did not conduct the trip even in February 2013 as promised. The amount paid by the complainant was not refunded, despite demand. Hence the opposite parties are committed unfair trade practice and deficiency in service. The complainant prays for refund of the amount Rs. 2,19,000/- with interest, costs and for the compensation for the mental agony suffered by the complainant.
3. Notice was issued to the opposite parties. The 1st opposite party appeared but did not file any version. The 2nd opposite party despite notice did not conduct the matter.
4. When the matter came up for complainant's evidence the complainant filed a proof affidavit and Exbt. A1 to A5 were marked. Heard the learned counsel for the complainant.
5. The following issues were settled for consideration.
i. Whether the complainant has proved that the opposite party had committed deficiency in service as alleged?
ii. Reliefs and costs.
6. Issue No.1. Exbt. A1 is a copy of the legal notice issued on 10-02-2014 on behalf of the complainant demanding repayment of an amount of Rs. 2,19,000/- . Exbt. A2 is an e-mail dated 06-08-2012 issued by the 2nd opposite party to the complainant along with the attachment showing details of holy land tour, specifically marked as Exbt. A3. Exbt. A4 is another e-mail issued by the opposite party to the complainant showing the details of the tour as per extended schedule. The payment of Rs. 1,89,000/- for the tour from the account of the daughter of the complainant is proved through Exbt. A5 bank statement. The opposite parties did not appear to contest and controvert the above facts proved through Exbts. A1 to A5. The affidavit of the complainant would go to show that the opposite parties did not pay back the amount, despite cancellation of the tour. We therefore find that the opposite parties 1 and 2 had committed gross deficiency of service in cancelling the tour after collecting the entire money for the package. Issue is accordingly found in favour of the complainant.
7. Issue No. ii. Having found issue No. i in favour of the complainant the complaint stands allowed by making the following directions.
i. The opposite parties are directed
i. to return the amount of Rs. 2,19,000/- to the complainant with interest @ 12% p.a. from 14-10-2014 till the date of realization.
ii. to give compensation of Rs. 25,000/- for the mental agony , financial loss, discomfort and physical hardships suffered by the complainant.
iii. to pay costs of the proceedings which we estimate at Rs. 5,000/- to the complainant.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 6th day of December 2017
Sd/-
Cherian K. Kuriakose, President.
Sd/-
Sheen Jose, Member.
Sd/-
Beena Kumari V.K., Member.
Forwarded/By Order,
Senior Superintendent
Appendix
Complainant's Exhibits
Exbt. A1 :Copy of letter dt. 10-02-2014
A2 : Copy of g-mail dt. 06-08-2016
A3 : Tour note
A4 : Copy of g-mail
A5 : Copy of statement dt. 09-12-2013
Opposite party's exhibits: : Nil
Copy of order despatched on:
By Post : By Hand:
