IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Present:
Hon’ble Mr. Bose Augustine, President
Hon’ble Mr. K.N. Radhakrishnan, Member
Hon’ble Mrs. Renu P. Gopalan, Member
C C No. 152/2015
Monday, the 31st day of August, 2015
Petitioners : A.S. Sebastian,
Adayadil House,
Veroor P.O.
Changanacherry.
(Adv. Ike Mani)
Vs.
Opposite Parties : 1) The Proprietor,
M/s. Anna Holidays,
Potanickal Building,
Opp. S.H. Medical Centre Hospital,
Nagampadom, Kottayam – 1.
2) Mr. Benny,
M/s. Anna Holidays,
-do-
O R D E R
Hon’ble Mr. Bose Augustine, President
The case of the complainant filed on 15/06/2015 is as follows.
The complainant booked 7 seats for holiday trip to holyland scheduled by opposite party on 17/09/2014 by paying Rs.1,38,291/-. According to the complainant as per his direction on 30/05/2014 his son working in Singapore transferred the said amount as 3000/- Singapore dollar to the account of the opposite party’s bank, UCO Bank, Kottayam branch. But during July 2014, the opposite party informed over phone that they cancelled the trip scheduled on 17/09/2014 and that trip postponed to 06/10/2014. Since the rescheduled date was not convenient, complainant requested the opposite party over phone to refund the advance amount and also requested to remit the amount to the complainant’s account with SBI. Then the opposite party promised over phone that they will refund the amount. On 14/11/2014, the opposite party informed through SMS in the complainant’s phone that an amount of Rs.91,741 was transferred in the complainant’s account with SBI after deducting cancellation charge for tickets and accommodation as Rs.6,650/- per head. But on verification, it was found that no amount was transferred to the account of the complainant. Then complainant contacted the opposite party through the phone and they requested for 3 weeks time and promised that the amount will be transferred within 25/12/2014. But the opposite party had not refund the amount as promised. Finally on 15/01/2015, the opposite party deposited an amount of Rs.45,000/- only. According to the complainant on several requests over phone and E-mail, the balance amount has not been refunded. Then on 07/05/2015 complainant sent legal notice to the opposite party, but there was no response. According to the complainant, the trip was cancelled by the opposite party on their decision and he had informed the opposite party well in advance about their inconvenience for the rescheduled trip on 06/10/14. So opposite party has no right to deduct any amount. Here this complaint.
Notices to opposite parties were served. But opposite parties have not cared to appear before the Forum and contact the case.
Points for determinations are
- Whether there is any deficiency in service or unfair trade practice on the part of opposite parties?
- Relief and costs?
Evidence in this case consists of the proof affidavit of the complainant and Ext.A1 to A7 documents.
Point No.1
The case of the complainant is that he had booked 7 seats for a holiday trip to holyland scheduled by the opposite party on 17/09/14 by paying Rs.1,38,291 as advance amount as demanded by the opposite party. But the trip was cancelled by the opposite party and it was rescheduled on 06/10/2014. Since the rescheduled date was not convenient. Complainant informed the opposite party and requested to refund the advance amount. But opposite party refund Rs.45,000/- only. From Ext.A1 E-mail copy dtd.29/05/14, it can be seen that 3000 Singapore dollar was transferred to the account of opposite parties. Ext.A2 and Ext.A3 are the E-mail communications between the complainant and opposite party. On perusal of Ext.A1 to A3 document, it can be inferred that the case of the complainant is true. Opposite party has not adduced any contra evidence to disprove the case of the complainant, so we are constrained to rely on the Chief and proof affidavit of the complainant and documents produced by the complainant. So in our view, the act of opposite party in not refunding the entire remitted amounts, amounts to deficiency in service and unfair trade practice. Due to the act of opposite parties, complainant suffered mental pain and loss, so he is to be compensated. Point No.1 found accordingly.
Point No.2
In view of Point No.1, complaint is allowed.
In the result
- Opposite parties are ordered to refund Rs.93,291/-, the balance remitted amount, to the complainant.
- Opposite parties are ordered to pay Rs.10,000/- as compensation to the complainant.
- Opposite parties are ordered to pay Rs.5,000/- as cost of this litigation to the complainant.
Order shall be complied with within 30 days from the date of receipt of a copy of the Order. If not complied as directed, the award amount will carry 9% interest from the date of Order till realization.
Pronounced in the Open Fora on this the 31st day of August, 2015.
Hon’ble Mr. Bose Augustine, President Sd/-
Hon’ble Mr. K.N. Radhakrishnan, Member Sd/-
Hon’ble Mrs. Renu P. Gopalan, Member Sd/-
Appendix
Documents of petitioner
Ext.A1 : Copy of e-mail dtd.2905/2014
Ext.A2 : Copy of e-mail dtd.04/10/2014
Ext.A3 : Copy of e-mail dtd.01/01/2015
Ext.A4 : Copy of e-mail dtd. 02/01/2015
Ext.A5 : Copy of letter dtd.13/02/15 addressed to Shri. Ram Vilas Paswan Ji,
Hon’ble Minister for Consumer Affairs, Food & Public Distribution.
Ext.A6 : Copy of letter dtd. 18/03/15 issued by Consumer Affairs, Food & Public
Distribution
Ext.A7 : Copy of legal notice dtd.07/05/15.
Documents of opposite party
Nil
By Order
Senior Superintendent (I/C)
