Tamil Nadu

South Chennai

CC/321/2018

N Subramanian - Complainant(s)

Versus

M/s Sri Murugan Tavel Agency - Opp.Party(s)

Party in Person

09 Oct 2019

ORDER

                                                              Complaint presented on : 16.07.2018

                                                              Date of Disposal            : 09.10.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.321/2018

DATED THIS WEDNESDAY THE 09^TH DAY OF OCTOBER 2019

                                 

N. Subramanian,

S/o. V. Nagalingam,

No.1, N.S.K. Street,

V.O.C. Nagar,

Pammal,

Chennai – 600 075.                                                         .. Complainant.

                                                                                                 ..Versus..

M/s. Sri Murugan Travel Agency,

Rep. by its Proprietor,

No.1, Perumal Kovil Street,

Mettupalayam,

West Mambalam,

Chennai – 600 033.                                                    ..  Opposite party.

          

For the complainant  :  Party in person

Opposite party           :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to refund the sum of Rs.40,000/- being the tour charges for Singapore of the complainant’s son with interest at the rate of 24% p.a. and to pay a sum of Rs.1,00,000/- towards compensation for mental agony and monitory loss with cost of the proceedings.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that during the month of May 2018 in order to enjoy the summer holidays, the complainant planned to have a tour to the foreign countries namely; Singapore, Malaysia, Thailand along with wife and son.  He paid a total sum of Rs.2,91,000/- towards tour charges inclusive of visa ticket, food and accommodation.  The complainant submits that his son was very fond of visiting Singapore.  But to the shock and surprise, on 16.05.2018 that the Visa to his son alone was unable to obtained and rejected by the concerned authority. Thereby, the complainant’s son was not able to have the visit of Singapore.  The complainant after returning to India on 29.05.2018 approached the opposite party for the refund of a sum of Rs.40,000/- towards his son’s tour.  But the opposite party refused to refund the amount.  Hence, the complainant lodged the complaint before Kumaran Nagar Police Station.  The police authority held an enquiry after issuing a C.S.R. Vide No.282/2018 dated:02.07.2018 advised the opposite party to refund the amount.  Since the opposite party has not refunded the amount, the complainant was constrained issued a letter dated:04.07.2018 requested to pay the amount which was returned to the complainant with an endorsement as “refused”.  The denial of Singapore Visa by the authorities happened only because of the negligence of the opposite party.  The act of the opposite party amount to deficiency in service and unfair trade practice which caused great mental agony.   Hence, the complaint is filed.

2.     In spite of receipt of notice, the opposite party have not appeared before this Forum and the opposite party was set ex-parte.

3.     Though the opposite party remained Ex-parte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 & Ex.A5 are marked.

5.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.40,000/- paid towards tour charges to Singapore for his son with interest at the rate of 24% p.a. as prayed for?
2. Whether the complainant is entitled  to sum of Rs.1,00,000/- towards compensation for mental agony, monetary loss with cost as prayed for?

6.      On point:-

The opposite party after due service of notice has not turned up and remained ex-parte.  The complainant filed proof affidavit, documents and written arguments.  Perused the records.  The complainant pleaded and contended that during the month of May 2018 in order to enjoy the summer holidays, the complainant planned to have a tour to the foreign countries namely; Singapore, Malaysia, Thailand along with wife and son.  He paid a total sum of Rs.2,91,000/- towards tour charges inclusive of visa ticket, food and accommodation.  Ex.A1 (S) are the copy of receipts & Ex.A2 is the copy of statement of accounts.  But the complainant has not filed any tour itinerary to prove the schedule program.  Further the complainant contended that his son was very much fond of visiting Singapore.  But to the shock and surprise, Singapore Visa was denied to his son and was informed to the complainant only on 16.05.2018 by the opposite party.   Thereby, the complainant’s son was not able to have the visit of Singapore.  The complainant after returning to India on 29.05.2018 approached the opposite party for the refund of a sum of Rs.40,000/- towards his son’s tour.  But the opposite party refused to refund the amount.  Hence, the complainant lodged the complaint before Kumaran Nagar Police Station.  Due C.S.R. No.282/2018 dated:02.07.2018 as per Ex.A3 was issued by the Police Officials advising the opposite party to refund the amount.  Since the opposite party has not refunded the amount, the complainant was constrained to issue a letter dated:04.07.2018 requested to pay the amount as per Ex.A4 which was returned to the complainant with an endorsement as “refused” as per Ex.A5.  The denial of Singapore Visa by the authorities happened only because of the negligence of the opposite party.  But there is no record.  The opposite party also has not stated proper reason for the denial of Visa by the authorities which caused great mental agony.  The intimation of denial of Singapore Visa to the complainant’s son by the opposite party just 2 days before the commencement of tour amounts to deficiency in service.  The opposite party remained ex-parte.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall pay a sum of Rs.40,000/- being tour charges for Singapore of the complainant’s son with interest at the rate of 9% p.a. from the date of presentation of this complaint (i.e.) 16.07.2018 to till the date of this order (i.e.) 09.10.2019 with compensation of Rs.10,000/- for mental agony and cost of Rs.10,000/- to the complainant.   

In the result, this complaint is allowed in part.  The opposite party is directed to refund a sum of Rs.40,000/- (Rupees Forty thousand only) being tour charges for Singapore of the complainant’s son along with interest at the rate of 9% p.a. from the date of presentation of this complaint (i.e.) 16.07.2018 to till the date of this order (i.e.) 09.10.2019 and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.  

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

     Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 09^th day of October 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	09.04.2018 & 10.04.2018	Copy of receipts issued by the opposite party (2  nos.)
Ex.A2		Copy of passbook entry
Ex.A3	02.07.2018	Copy of Petition receipt issued by Mr. Madhavan, SSI of Policy 4052, Kumaran Nagar, Adyar, Tamil Nadu Police
Ex.A4	04.07.2018	Copy of notice issued by the complainant to the opposite party
Ex.A5	05.07.2018	Copy of returned cover with the endorsement “refused”

 

 

 

MEMBER                                                                                                                                                                           PRESIDENT