BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SHANTHINAGAR BANGALORE -  27.

CONSUMER COMPLAINT NO.302/2022

DATED ON THIS THE 22^nd FEBRUARY-2023

Present:        1) Sri. B.Narayanappa

M.A., LL.B., - PRESIDENT  

                     2) Smt. Sharavathi. S.M,

                                               BA., LLB., MEMBER

ORDER’s Delivered by Sri B.NARAYANAPPA,

                                                               PRESIDENT

The OP is a company selling tour packages to senior citizens through social media such as facebook, Whatsapp and their own website.Therefore, she had bought holiday packages namely Mandva and Sacred Ujjain tour was scheduled to start from 08.09.2022 and Amritsar and Dharmashala tour scheduled to start from 30.10.2022 for herself and her husband Pradip Kumar Ray Chaudhuri OP and transferred a sum of Rs.84,000/- through online dated 05.07.2022 towards Mandva and Sacred Ujjain Tour and Rs.55,000/- on 19.07.2022 and Rs.3,000/- on 21.07.2022 totally Rs.58,000/- towards Amritsar and Dharmashala tour to OP.During the end of August 2022, they came to know through social media that, Bunk Tribe office is closed from mid-August 2022.They tried to contact Mr. Deepak and Mrs. Bhanupriya but, no avail.They checked the website of OP, which is unreachable.Therefore, they sent e-mail to cancel the proposed tour and to return Rs.84,000/- paid for Mandva and Sacred Ujjain tour and also sent e-mail to cancel the upcoming proposed tour to Amritsar and Dharmashala and return Rs.58,000/- but, no reply from the OP.Therefore, it is alleged the deficiency in service on the part of OP.Hence, this complaint is filed.

5. our consideration are as under

1. Whether the complainant proves that the alleged deficiency in service on the part of the opposite party and thereby she is entitled to the reliefs as sought for?

2.  What order?

      Point No.1 :- Partly in the affirmative.

      Point No.2 :- As per final order

                          for the following

:: R E A S O N S ::

7.         Point No.1:- It is specific contention of the complainant that, the OP is a company selling tour packages to senior citizens through social media such as facebook, Whatsapp and their own website.  Therefore, she had bought holiday packages from OP namely Mandva and Sacred Ujjain tour scheduled to start from 08.09.2022 and Amritsar and Dharmashala tour scheduled to start from 30.10.2022 and transferred a sum of Rs.84,000/- through online on 05.07.2022 to the account of OP for Mandva and Sacred Ujjain Tour and also transferred Rs.58,000/- for Amritsar-Dharmashala tour through on-line to the account of OP.  But, in the month of August 2022, complainant came to know through social media that, OP office is closed.  Thereafter, complainant made several attempts through e-mail and OP website helpline to reach the OP to confirm about the proposed tour but, no avail.  Therefore, the complainant sent e-mail to OP requesting to refund Rs.84,000/- paid towards Mandva and Sacred Ujjain tour and also cancelled the upcoming tour to Amritsar-Dharmashala and requested to return Rs.58,000/- paid to OP towards Amritsar-Dharmashala tour but, no response from the side of OP.  The complainant in order to prove the payment of Rs.84,000/- made to OP through on-line has produced the proof of payment of a sum of Rs.84,000/- towards Mandva and Sacred Ujjain tour at Annexure-2 and also produced receipt received from OP Bunk Tribe Holidays Pvt. Ltd., as per Annexure-3 which shows that, the OP issued receipt confirming the receipt of Rs.84,000/- paid by the complainant towards Mandva and Sacred Ujjain tour package and the complainant has also produced the proof of payment at Annexure-8 in order to prove the payment of Rs.58,000/- to the OP towards Amritsar-Dharmashala tour  and receipt issued by OP at Annexure-9 which depicts that, the complainant had paid Rs.58,000/- to OP and the OP reports the receipt of said amount from the complainant and issued receipt as per Annexure-9.  Therefore, payment of Rs.84,000/- towards Mandva and Sacred Ujjain tour and Rs.58,000/- towards Amritsar-Dharmashala tour scheduled from 08.09.2022 and 30.10.2022 made to OP is stands established.  The complainant also produced copy of the e-mail correspondence made with OP requesting the OP to confirm the scheduled tour itinerary and the Air tickets, but no response from the OP, the complainant also sent e-mail requesting the OP to cancel the aforementioned tour programs and to refund Rs.1,42,000/- paid to OP for which also, no response from the side of OP.  When the OP had received a total amount of Rs.1,42,000/- from the complainant, for Mandva and Sacred Ujjain tour scheduled to start from 08.09.2022 and Amritsar-Dharmashala tour scheduled to start from 30.10.2022, it is the bounden duty of the OP to arrange the said tour programs to enable the complainant and her husband to enjoy the said tour programs.  But, the OP by accepting the payment of Rs.1,42,000/- from the complainant remained silent and did not conduct the aforementioned tour programs and thereby caused deficiency in service on its part.  Therefore, the OP is liable to refund Rs.1,42,000/- to the complainant and compensation of Rs.25,000/-and cost of litigation of Rs.5,000/- with interest.    Hence, we answer point No.1 partly in the affirmative.

8. Point No.2:- For the aforesaid reasons, we proceed to pass the following

:: ORDER ::

1. The complaint of the complainant is hereby allowed in part.

2. The opposite party is hereby directed to refund Rs.1,42,000/- to the complainant with interest at 10% p.a within two months from the date of this order till payment.

2. Further, opposite party is hereby directed to pay Rs.25,000/- as compensation for mental agony caused
3.  to the complainant and Rs.5,000/-  towards cost of the litigation to the complainant within 2 months from the date of this order.  Failing which, the compensation of Rs.25,000/- + cost of litigation Rs.5,000/- totally Rs.30,000/- shall carry interest at 10% p.a. till payment.

4. The complainant is at liberty to take action against the opposite party under Section 72 of the C.P. Act, 2019 for non-compliance of this order.

(Dictated to the Stenographer transcribed, typed by him, corrected by us and then pronounced in open Commission on this the 22^nd February 2023)