SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OP to  refund Rs.1,58,000/- with interest from the date of payment, compensation for mental agony of complainant for Rs.2,00,000/- and cost  Rs.5000/- each  to the complainant  for the  deficiency of service and unfair trade practice on the part of OP.

  The brief of the complaint :

   The opposite party assured that a Singapore –Malasia tour package on 9^th December 2022 and who introduced himself as an experienced travel organizer and recognized agent.  Then the complainant and Pushpavally paid Rs.79,000/- each to the OP for the tour  programme(total Rs.1,58,000).  However to the dismay of the  complainants, the OP kept postponing the trip, citing baseless reasons.  The tour was rescheduled for 15^th December, 21^st December and 26^th December, causing immense inconvenience to the complainants, who had made various arrangements to join the trip.  Finally the OP fixed the tour date on 26^th January 2023, which was inconvenient to the  complainants, but they agreed to travel on the said day upon his  compulsion, on 24^th January 2023 the OP again cancelled the trip without any valid reason and offered the complainants an option to choose any day from 1^st ,7^th or 15^th February 2023.  Then the complainant realized that the OP had cheated them and some other persons had approached the police, the complainants lost confidence to him and expressed their unwillingness to travel with him anymore.  The complainant have sent lawyer notice to OP on 8/2/2023 to refund the  amount of Rs.1,58,000/- with 10% interest and Rs.5000/-  towards the cost of the notice. So the act of  OP the complainants caused much mental agony and financial loss.  So there is deficiency of service and unfair trade practice on the part of OP.  Hence the complaint.

           After filing the complaint, notice was issued to  OP . OP received the notice but not appeared before the commission and not filed  version .  Ultimately  the commission had to  hold that the OP’s have  no  version as such in this case came to be proceed against the  OP  as set  exparte.

    Even though the OP has remained ex-parte it is for the complainant to establish the allegations made by them against the OP.  Hence the complainant was called upon to produce evidence in the form of affidavit and documents.   Accordingly the complainant has chosen to produce her affidavit along with 6 documents marking them  as Exts.A1 to A6 and  the complainant  was examined as PW1.   So the opposite party is remain absent in this case.  At the end the Commission heard the case on merit.

    Let us have a clear glance at the relevant documents of the complainants.  Ext.A1 is the receipt  dtd.1/11/2022 issued by complainant Hemaja ‘s SBI A/c to OP’s account for an amount of Rs.79,000/-.  In Ext.A2 (series)  dtd.19/11/2022 issued by Ravindran’s SBI A/c to OP’s account for an amount of Rs.29,000/- and Rs.50,000/- respectively.  Both complainants paid total amount of Rs.1,58,000/- to OP.  In Ext.A3 is the itinerary advertisement and instruction of OP’s tour programme.  In Ext.A4 is the lawyer notice issued by the complainants to OP dtd.8//2/2023 directing the OP to refund the amount of Rs.1,58,000/- with 10% interest and Rs.5000/-  each towards the cost of the notice also.  In Ext.A5 is the postal receipt and Ext.A6 is the track consignment.    It is clear that the OP have no intention  to conduct the tour and his aim was to  grab money  by misrepresenting before the complainants and he is acting as an approved travel agent and having good experience  in the field.  So the OP is bound to refund the amount already received from the complainants. Under this circumstances we are of the considered view that the OP is  directly bound to redressal  the grievance caused to the complainant.   Therefore, we hold that the act of OP’s  the complainants caused much mental agony also.  So the OP is directed to refund  Rs.1,58,000/- with 10% interest  per annum  from the date of payment till realization along with Rs.50,000/-(Rs.25,000/- each) as compensation for mental agony of the complainants and Rs.10,000/- as litigation cost.

            In the result, the complaint is allowed in part directing  the opposite party  to  refund Rs.1,58,000/- with 10% interest  per annum  from the date of payment till realization  to the complainants along with Rs.50,000/-(Rs.25,000/- each) as compensation for mental agony of the complainants and Rs.10,000/- as litigation cost within 30 days of receipt of this order.  In default, the amount of Rs.158,000/- carries interest@ 12% per annum  from the date of payment till realization , failing which the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts:

A1&A2Receipt dtd1/11/2022, 19/11/2022

A3-Advertisement instruction

A4-copy of lawyer notice

A5-Postal receipt

A6- Track consignment

PW1-Hemaja .K.N- 1^st  complainant.

Sd/                                                             Sd/                                                   Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR