Ex-P A R T E O R D E R
PER SHRI. S. G. CHABUKSWAR – HON’BLE MEMBER
1) This is a complaint for the reliefs of refund of balance amount Rs.57,013/- cost of tickets, Rs.38,278/- amount collected for purchase of foreign currency of Euros, Rs.1,00,000/- as compensation for mental agony and cost of complaint.
2) The case of Complainant in short is as under –
The Complainant is the resident of St. John Baptist Road, Bandra (W), Mumbai – 400 050. Opposite Party is doing business of travel agency in the name of M/s. Grandson Agencies Pvt. Ltd. at Cuffe Parade, Mumbai – 400 005. Mr. Ajit Lazer Augustine, Chief Executive Office of Opposite Party collected cheques bearing Nos.023707 dtd.21/02/2011, 025840 dtd.29/05/2011, 036756 dtd.21/06/2011, 036755 dtd.15/06/2011 of Rs.35,000/-, Rs.80,000/-, Rs.30,000/- Rs.4,613/- respectively total Rs.1,50,0113/- from the Complainant in favour of Opposite Party for arranging pilgrimage consisting of about 100 people. According to the Complainant, at the time of confirming the booking, Opposite Party informed her that, the journey will commence on 22/08/2011 and the scheduled of program is subject to change. Opposite Party also informed to the Complainant that in case due to any untoward incident/ natural calamities/war/epidemic, etc. the program could be cancelled or dropped and in such an eventually the entire amount deposited will be refunded without any deduction. The Complainant believing the representation and the assurances given by the Opposite Party as true and correct she paid to the Opposite Party total Rs.1,50,113/- by different four cheques and all the four cheques have been encashed by the Opposite Party. The Opposite Party has also collected from the Complainant Rs.38,278/- for availing foreign currency. Opposite Party also informed to the Complainant that they have purchased 600 Euros which currency will be handed over to her alongwith the ticket and other travel documents.
3) The further case of the Complainant is that on 13/07/2011 she met with an accident and her doctor advised her to avoid journey and take complete bed rest for a few months. On 14/07/2011 the Complainant informed to the Opposite Party about the accident and the medical condition. The Complainant also submitted medical certificate to the Opposite Party. Opposite Party issued to the Complainant cheque No.494617 dtd.08/08/2011 for Rs.93,100/- drawn on Oriental Bank of Commerce, Nariman Point branch, Mumbai as part refund and promised that balance amount will be refunded within a week therefrom. The Opposite Party failed and neglected to refund the balance amount Rs.57,013/- the cost of tickets and Rs.38,278/- amount collected for purchase of foreign currency of Euros total Rs.95,291/-. On 24/04/2012 the Complainant lodged report in the Police Station Bandra. The said police have recorded the statements of Mr. Ajith Lazor Augustine, CEO of Opposite Party and Mr. Dawson Gomes one of the organizer for religious pilgrimage holy lands. Mr. Ajith Augustine, CEO of Opposite Party informed that the Complainant was get nothing by way of refund. Lastly on 27/07/2013 the Complainant issued notice through Lawyer and demanded the amount but in vain. Opposite Party caused mental harassment to the Complainant. Hence, this complaint for the reliefs mentioned in above para no.1.
4) Opposite Party duly served with the notice of the complaint but remained absent. Hence, complaint proceeded ex-parte against Opposite Party on 26/12/2013.
5) The Complainant has submitted her affidavit of evidence and documents. She has submitted written notes of argument. We heard oral argument of Shri. E. Anandan, Ld.Advocate for the Complainant..
6) The evidence of the Complainant shows that she had joined the group of Foreign Pilgrimage Tour consisting of about 100 people, which was arranged by Opposite Party and it was going to start on 22/08/2011. The documents produced by the Complainant at Exh.A goes to show that, she paid amount Rs.1,50,113/- to the Opposite Party by different tour cheques. The document Exh.A has been issued by the Citizen Credit Co-operative Bank Ltd, Bandra (W), Mumbai – 400 050 regarding debit entries of the account of Complainant regarding the amount which received to Opposite Party by different four cheques. Opposite Party received the above amount from the Complainant for the Foreign Pilgrimage Trip dtd.22/08/2011. The cash memo Exh.B shows that Opposite Party has collected from the Complainant Rs.38,278/- for purchase of foreign currency Euro on 14/07/2011. The medical certificate produced by the Complainant at Exh.C shows that on 04/08/2011 Dr. Avanti Kadam, Orthopedic Specialist, Bandra (W), Mumbai certified that Complainant was under physiotherapy treatment for slip disc and she was advised bed rest for three months and not to lift heavy weights. The Complainant informed to the Opposite Party the above fact of her treatment and doctor’s advise. Thereafter, Opposite Party make refund of amount Rs.93,100/- cost of ticket to the Complainant by cheque dtd.08/08/2011. The copy of the said cheque is on record at Exh.D.
7) As per the evidence of Complainant, Rs.57,013/- cost of ticket and Rs.38,278/- given for purchase of foreign currency has not been paid to her by the Opposite Party. The question arises whether above amount is due against Opposite Party or nor. The Complainant has produced at Exh.E, the copies of statement recorded by the police of Ajith Augustine and Mr. Dawson Gomes. The above two witness are responsible officers of Opposite Party. The said witnesses have stated before the police that Opposite Party has not refunded to the Complainant Rs.50,000/- cost of ticket as her air ticket was not cancelled by the concerned Airlines. The said witnesses have further stated before the police that Complainant could not give the details whether she paid Rs.38,278/- for purchase of foreign currency by cheque or cash, hence, said amount has not been paid to her.
8) There is no document on record to show that Opposite Party had purchased air ticket for the Complainant. Opposite Party has not brought on record the fact of purchase of such air ticket by filing written version or other evidence. The Complainant has produced at Exh.B copy of cash memo regarding receipt of amount Rs.38,278/- for purchase of foreign currency to the Opposite Party. The said cash memo bears the signature of officer of Opposite Party. This document clearly goes to show that Opposite Party accepted amount Rs.38,278/- from the Complainant and issued her said receipt. The ground of refusal for repayment of Rs.38,278/- to the Complainant stated by the witnesses before the police is not justified. The evidence produced by the Complainant oral and documentary remained unchallenged. There is nothing on record to disbelieve the said evidence. The Complainant has proved that she is entitled to full refund of tour cost from Opposite Party. Opposite Party is liable to repay Rs.57,013/- cost of ticket and Rs.38,278/- amount given for purchase of foreign currency total Rs.95,291/- to the Complainant. The Complainant is also entitled to Rs.3,000/- compensation towards mental agony caused to her and Rs.2,000/- cost of the complaint.
In the result complaint deserves to be partly allowed. Hence we proceeds to pass following order –
O R D E R
i. Complaint No.182/2013 is partly allowed against Opposite Party.
ii. Opposite Party is directed to pay to the Complainant Rs..95,291/-(Rs.Ninety Five Thousand Two Hundred Ninety One Only) with
interest @ 6% p.a. from the date of this order till realization of amount.
iii. Opposite Party is directed to pay to the Complainant Rs.3,000/- (Rs. Three Thousand Only) towards compensation for mental
agony caused to her.
iv. Opposite Party is directed to pay to the Complainant Rs.2,000/-(Rs. Two Thousand Only) towards cost of the complaint.
v. Certified copies of this order be furnished to the parties.
