SMT.MOLYKUTTY MATHEW : MEMBER

       This is  a  complaint filed by the complainant under sec.35 of the Consumer Protection Act 2019, for an order directing the opposite party  to  refund the  amount of Rs.135,000/- along with 12% interest and  compensation  for mental agony  of Rs.50,000/- to the complainant for the deficiency of service on his part.

  The case of the complainant in brief

    The complainant  and his  wife planned a trip to Bali  in connection with their Honeymoon.  The complainant approached OP on the basis of advertisement  on social media and some website.  The complainant opted for honeymoon package to Bali for 5 nights.  After considering the terms and conditions given by the OP about the tour package, the complainant booked for a trip.  Then the complainant paid an amount of Rs.46460/- on 23/12/2019 and paid Rs.88540/- on 26/1/2020 vide online payment as per Ref.No0000193571943840 and 0000200268489728 respectively from the  complainants A/c No. 50100018410551 with HDFC Bank ,Kannur branch.  After  completion of full payment for tour package as required by the  OP, the  OP gave the  complainant a trip reference No. TEN 001Y542H for future reference.  But it was only later the  complainant came to know that covid 19 was spreading in many countries, due to Covid 19 outbreak and the pandemic situation all over the  world, it was suggested that many countries  were going to lock down.  Then the complainant decided to cancel the booked tour package and informed the OP over phone  and also intimated  through e-mail on 5/2/2020 as per the cancellation  policy of the OP.  The trip was chartered for 5 days after payment and the air ticket  was also booked for up and down.  After receipt of the cancellation request from the complainant the OP after acknowledgment of the cancellation proposal by  the complainant through the link provided by the OP, informed that they are ready to cancel the trip.  After  confirmation from the complainant the OP further informed that an amount of Rs.18,000/- will be deducted towards airline charges and the OP will be refund Rs.1,17,000/- to the complainant.  The complainant agreed the same believing that the complainant can receive the balance  amount without any delay.  Then the OP stated that the maximum time for taken  for processing of refund is 15 days after receipt of cancellation request.  After lapse of one month the complainant  e –mailed the OP to give the refund amount, but the OP  replied to allow some  more time for refund.  On 11//3/2020 the complainant again e –mailed to OP asking  about the refund  amount .  But the OP not refund the amount.  Then on 16/3/2020 the complainant filed a complaint before  grievance  cell through online  Department of consumer Affairs(NCH) against the OP for refund amount and complaint numbered as 19559001.  But on 19/4/2020 the OP informed the complainant  the same reason .  Thereafter on 28/5/2020 also the OP informed the complainant  through e-mail that an amount of Rs.1,09,000/- has been already loaded  in the credit  shell of this complainant which can be used  for future booking for any destination and is valid upto 5 years after production of voucher No.TFN001Y542H to redeem booking.  The OP also informed the same before the Consumer Grievance cell and after receipt of the OP’s statement the  complainant closed complaint before the grievance cell.  The act of OP by making deposit in the credit shell without giving any refund ,the complainant 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 issued to opposite party.  OP  received the notice and not appeared before the commission and  not filed  any version. The  commission had to hold that the OP have no version as such this case came to be proceed against the OP as exparte.

    Even though the opposite party has remained ex-parte, it is for the complainant to establish the allegations made by him against the  opposite party.  Hence the  complainant was called upon to produce evidence in the form of  affidavit and  documents.   Accordingly the complainant has  chosen to  produce his affidavit along with 7  documents marking them as Ext.A1 to A7 and complainant was examined as PW1 .  So the  opposite party 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  complainant.  Ext.A1 is the proforma invoice to the trip references and descriptions regarding the trip package.  In  Ext.A2  contains the  trip confirmation  mail contains the total  price of the trip and payment schedule.   Ext.A3 contains  e-mail package cancellation dtd.5/2/2020.  In Ext.A4 is the  e-mail send by OP to complainant dtd.19//4/2020 to clearly  stated that the refund is approved  but arrived corona virus, it may take 45-60  working days from the day international boarders are  open to initiate the refund.  In Ext.A5 also the  e-mail send by  OP to  complainant dtd.28/5/2020 and reported that an amount of Rs.1,09,000/- has been already loaded in  complainant’s credit shell which can be used for future booking for any  destination and is valid upto 5 years.  Then the OP also advised the complainant to produce  TFN001Y54 2H to redeem complainant’s booking.  In Ext.A6 the complainant filed a complaint before the  Department of consumer affairs against  OP dtd 16/3/2020 as numbered  as 1959001.  In Ext.A7 is the statement of accounts issued  by HDFC bank and the complainant withdrawn Rs.1,35,000/- before the HDFC bank and paid to OP(on 23/12/2019 paid Rs.46460/- and  on 27/1/2020 paid Rs.48540/- to OP).  According to the complainant the OP is not ready to refund the amount to complainant.  The OP has no right to deduct any amount  in the event of cancellation of tour.  The act of OP the complainant caused much mental agony and financial loss.    There is deficiency of service  and unfair trade practice on the part of the opposite party.   Under this circumstances, we are of the  considered view that the opposite party  is directly  bound to  redress the grievance caused to the complainant.    Therefore we hold that the opposite party is liable to refund  Rs.1,35,000/- to the complainant with interest  @9% per annum  from the date of payment  till realization along with  Rs.3500/- as compensation and Rs.1500/- as litigation cost. 

            In the result, the complaint is allowed in part directing the opposite party to refund    the amount of Rs.1,35,000/- to the complainant with interest  @9% per annum  from the date of payment till  realization along with  Rs.3500/- as compensation and Rs.1500/- as litigation cost   within  30 days  of  receipt  of this order. In default the  amount of Rs.1,35,000/- carry  12% interest from the date of order till realization,   failing which the   complainant is at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts:

A1- Proforma invoice

A2-Trip confirmation  mail

A3-cancellation  E-mail

A4&A5- E-mail from OP

A6- Complaint before Department of Consumer Affairs

A7-Statement of account  issued by HDFC bank

PW1-Vineeth.V.M- complainant

  Sd/                                                        Sd/                                                 Sd/

PRESIDENT                                             MEMBER                                MEMBER

Ravi Susha                                       Molykutty Mathew.                              Sajeesh K.P

eva           

                                                                      /Forwarded by Order/

ASSISTANT REGISTRAR