DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB         : PRESIDENT

                          Smt. PRIYA.S, BAL, LLB, MBA (HRM)          :  MEMBER

Wednesday the 11^th day of August  2021

C.C. 345/2018

Complainants

1. Ramil.K                                                    

Kainali House                                               

Thevarkandiyil, Memunda,                                                             

         Vatakara (P.O), Kozhikode.

2. Sreelal. T.P.M

Manal Vattam Kuniyil,

Thiruvangad P.O, Thalassery – 670 103.

3. Jithin Prakash.E

Kizhakkedathil House

Edakkara (P.O), Chelannur, Kozhikode

4. Mohandas.P

Payyan Valappila House

(P.O) Mottammal, Kannur – 670 331.

     5.  Sandeep.K

         Sreevalsam, Kuthonivayal Alavi (P.O)

         Kannur – 670 008.                                             

 (By Adv. Sri. Murali Puranthodath)

Opposite Parties

1.      M/s. Prayan Travels                  

          Door No.5/3403-C40 (2)                                   

          Space Mall, 3^rd Floor, Jafarkhan Colony Road,

         Mavoor Road, Kozhikode – 673 004.    

2.       Pradeepam.T

 Managing Director Prayan Travels

 Thottathil House, Thiruthiyad (P.O)

  Puthur Vattam, Balussery -673 612.           

          (Exparte)                                

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ORDER

By Smt. PRIYA.S. – MEMBER .

           This is a complaint filed under  Section 12 of the Consumer Protection Act, 1986.

2.  The case of the Complainants, in brief, is as follows:

    The complainants  booked   Delhi -  Agra -  Kashmir -  Andaman - 7 days package tour September/October 2017 with the opposite parties. The complainants 1, 3 , 4 and 5 paid Rs.30,000/- each and the 2^nd complainant paid Rs.20,000/- to the opposite parties towards advance. But on the eve of the tour, the opposite parties informed that the tour programme was postponed. No reason was stated for the postponement. There  was no further communication from the opposite parties. In spite of repeated requests, there was no response from  the opposite parties and they have not returned the amount collected from them. There is deficiency of service from their part. Hence the complainants seek refund of the advance amount paid and also compensation and cost of proceedings from the opposite parties.

3.  The opposite parties initially appeared before the court, but

later remained absent. They were set ex-parte.

4. The points that arise for determination in this case are :

1. Whether  there was any deficiency of service from the part of the opposite parties ?
2. Reliefs and costs

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5. Evidence consists of oral evidence of PW1 and Exts A1 to A5.

6. Heard.

7. Point No.1 – According to the definition of consumer under

section 2 (1) (d) of the Consumer Protection Act, 1986, a person who hires or avails of any service for consideration is a consumer. Since the complainants in this case have availed of the service from the opposite parties for consideration, they are definitely consumers falling under section 2 (1) (d) of the Consumer Protection Act,  1986 and they are competent to file a complaint under section 12 of the said Act.

8.  In order to substantiate their case, the first    complainant got

himself examined as PW1. PW1 has filed proof affidavit in terms of the averments in the complaint. It is averred in the proof affidavit of PW1 that they had booked package tour with the opposite parties who collected advance amount from them.  Ext.A1 to A5 are the copies of the receipts which show that complainants  1 and 3 to 5 paid Rs.30,000/- each and the 2^nd complainant paid Rs.20,000/-.  The evidence of PW1 stands unchallenged. The opposite parties have not come forward to deny the allegation in the complaint. The complainants’ case stands proved through  the testimony of PW1 and Exts A1 to A5. The complainants are, therefore, entitled to get refund of the amount collected from them and also reasonable amount as compensation and the cost of the proceedings from the opposite parties. Considering the entire facts and circumstances, we are of the view that Rs.5,000/-  each will be reasonable compensation in this

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 case.  The complainants are also entitled to get Rs.2,500/-  as cost of the proceedings. Point found accordingly.

9. Point No.2 :  In view of the findings on the above points,

the complaint is disposed of  as follows:

1. CC 345/2018 is allowed in part.
2. The opposite parties are  directed to pay a sum of Rs.30,000/- (Rupees Thirty thousand Only) each to complainants 1  and 3 to 5 and Rs.20,000/- (Rupees Twenty thousand only) to the 2^nd complainant, being the advance amount paid by them for the tour package, with  interest @ 6% per annum from the date of the complaint. i.e, 03/12/2018 till realization.
3. The opposite parties are directed to pay Rs.5,000/- (Rupees Five thousand only) each to complainants 1  to  5  as compensation.
4. The opposite parties are directed to pay Rs.2,500/- (Rupees Two thousand five hundred only) as cost of the proceedings to complainants  1 to 5 together. 

Pronounced in open commission on this the 11^th day of August 2021.

Date of Filing: 03/12/2018

Sd/-

PRESIDENT

                                                                         Sd/-

                                                                         MEMBER

                                                                Forwarded/By Order

//True copy//

                                                                Senior Superintendent.

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                                             APPENDIX

Exhibits for the Complainant :

1. Ext. A1 – Copy of the receipt issued to the 1^st   complainant .
2.  Ext. A2 – Copy of the receipt of payments by the 2^nd   complainant to the   1st opposite party.
3.  Ext. A3 – Copy of the receipt of payments by the 3rd  complainant to the  1st opposite party.
4. Ext. A4 – Copy of the receipt of payments by the 4^th   complainant to the  1st opposite party.
5. Ext. A5 – Copy of the receipt of payments by the 5^th  complainant to the  1st opposite party.

Exhibits for the Opposite Parties

     Nil -

Witnesses for the Complainant

PW1 – Sri. Ramil.K.   - (1^st Complainant)

Witnesses for the Opposite Parties

    Nil –                                                               Sd/-

                                                                  PRESIDENT

                                                                     Sd/-

                                                                 MEMBER

                                                          Forwarded/By order

//True copy//

                                                           Senior Superintendent