BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 21^ST DAY OF FEBRUARY 2023

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

(a) Direct the OP to return the amount of Rs.93,000/- for each of the complainant along with like sum towards damages and also to pay interest @ 18% on the said amount from the date of receipt of the amount till the date of payment and also to pay compensation of Rs.2,00,000/- for made them to undergo mental agony, harassment and spending time and money in corresponding with the OP with all the costs and expenses.

(b) Grant any other relief.

2. The case set up by the complainants in brief is as under:-

The OP has been running a travel agency conducting various types of tours and they are giving advertisement about the same to the public.  The complainants have booked customized tour package covering Ladak –Kashmir for 15 days 14 nights starting from 5^th July 2022 ending with 19^th July 2022.  The boarding and the returning point of the complainants would be Bangalore/Coimbatore since the complainant No.3 and 4 had also opted to start the tour from Coimbatore.  Accordingly the complainant No.3 has paid Rs.3,72,000/- through Net banking on 06.05.2022 and 09.05.2022 from his S.B. Account calculated @ Rs.93,000/- per person.  The OP has acknowledged the receipt of the same.

3. The package includes traveling/air tickets, hotel accommodation with food, itinerary consisting of traveling details and further the OP has assured that the details and the air tickets would be made available to them well in advance before tour starts on 05.07.2022.  since the OP has not sent all the details till 02.07.2022 on that day the complainants have called upon the OP to furnish the same immediately and in response to the same the OP_ had informed the complainants that the air tickets will reach them on the said date by late night and however boarding passes and pickup details to airport will be shared on 04.07.2022.  

4. The OP have not kept up its promise in sending the air tickets to the complainants and on frequent calls to its HR Manager Ms. Banupriya and Sri.Dipak Batia, Superior manager had informed the complainants that due to alleged current spike in the covid cases across India the tour booked by the complainants in the month of July 2022 had been stalled.  On further enquiry the OP had assured the complainants that it would return their money in between 12 and 15^th July 2022.  Inspite of the said assurance the OP have not returned the amount. On the other hand, the OP went on buying time by making unnecessary correspondences with the complainants in wasting their time for the tour which had been cancelled.

5. The complainants have enquiries with other travelers since all the tour packages booked by other tourists through other agents from south India were going on smoothly including Badrinath Yatra arranged by the Government of India and the Ops reasoning is only lay excuse for these reasons.  It is also found on enquiry that all the hotels flight facilities were much available for Jammu and Kashmir, Ladak and hotels were also very much available for the tourists and there was no problem for the OP to conduct the tour package as agreed.  

6. It is further case of the complainants that due to the Ops cancellation of the tour packages booked by the complainants they have been utterly disappointed and they had to undergo mental tension since they wanted to spend some free time in the said places and that could not happen because of the cancellation of the tour by the OP without sufficient reason and there was a lot of disappointment among them having made all arrangements to enjoy the trip.  There is deficiency of service on the part of the OP in not providing services to the complainants even though they have collected money two months prior to the tour programme.  In addition to that some of the tourists booked from Bangalore have also filed complaint against the OP for cancelling the tour programme and also in not refunding the amount which has been registered in J.P.Nagar police station, Bangalore.

7. It is further case of the complainants that the OP in order to cover up all these latches and to give an impression to the complainants that cancellation of his tour programme was due to covid have sent some gift vouchers and also letter intimating the complainants that it would send postdated cheques on 18.07.2020.

8. The complainant after coming to know that cancellation of the tour programme was not due to covid but it is due to cover up all the latches after made use of money by the OP for some other business purpose. They have issued legal notice earlier to 05.08.2022 and the same has been returned in collusion with the postal authorities.  The complainants have sent another legal notice for the second time on 05.08.2022 and it was received by the OP but the OP has not sent any reply.  As per the instructions of the OP the complainants have presented the cheque issued by the OP for Rs.3,72,000/- drawn on Yes Bank but the same was dishonored with a shara for want of funds.  Hence the complainants have filed this complaint.

9. In response to the notice, OP remained absent. Hence OP placed exparte.

10. The complainant No.1 has filed his affidavit evidence and relies on Ex.P1 to P7 documents. 

11. Heard the arguments of the complainant.  Perused the written arguments filed by the complainant.

12. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainants are entitled to relief mentioned in the complaint?
3. What order?

13. Our answers to the above points are as under:

Point No.1:  Affirmative

Point No.2: Affirmative in part

Point No.3: As per final orders

REASONS

14. Point No.1 AND 2: These two points are inter related and hence they have taken for common discussion.  We have perused the allegations made in the complaint and documents 1 to 9.

15. Inspite of service of notice OP remained absent. Hence OP neither challenged the allegations made in the complaint and also documents and they remained unchallenged.

16. It is clear from the allegations made in the complaint and evidence and the documents produced by the complainants that the complainants have booked customized tour package with OP from Bangalore covering ladak-Kashmir for 15 days 14 nights starting from05.07.2022 ending with 19.07.2022 and the boarding and returning point would be Bangalore airport.  The complainants have paid Rs.3,72,000/- through net banking on 06.05.2022 and 09.05.2022 through third complainant’s S.B. Account calculated @ 93,000/- per person.

17. The complainants have also produced the copy of the one week tour programme offered by the OP for Jammu and Ladak as Ex.P1.  The complainants have also produced the acknowledgement issued by the OP for having received Rs.3,72,000/- i.e., Rs.93,000/- per head covering the tour package.  The complainants have also produced the copy of the day to day itinerary of ladak-Kashmir package as document No.Ex.P3. The complainants have received the letter from the OP for cancellation of tour on the ground that due to current spike in the covid cases across India in last few days as a preventive measure they have to stall all the schedule trips for July 2022 as per Ex.P.4. The OP after cancellation of the tour has never refunded the amount. On enquiry the complainants came to know that there was no problem for the tourists to avail hotel flight facilities at Jammu and Kashmir and Ladak and the OP in order to misuse their amount has cancelled the tour and diverted the amount for their other business.  In addition to that the OP have also collected the amount from so many tourists from Bangalore and they never conducted the tours and also not refunded the amount.  Hence some of the tourists have also lodged a complaint before the J.P.Nagar police station against the OP.  after that the complainants have got issued legal notice as per Ex.P.5 and the second legal notice issued to the OP on 05.08.2022 was served on the OP as per Ex.P.5 and inspite of that the OP has not issued any reply notice.  At last the OP has informed the complainant that they will refund the amount and send the advance cheque of Rs.3,72,000/- drawn on Yes bank with letter as document No.Ex.P6 and P7.  The cheque was dishonored with a shara that there is insufficiency of funds.

18. It is also clear from the evidence and documents that the OP have received the booking amount from the complaints two months earlier to the tour programme date and later they have cancelled the tour programme on their own without any sufficient reason. Inspite of the request of the complainants the OP failed to return the amount. Due to the cancellation of the tour packages booked by the complainants, the complainants have utterly disappointed as they wanted to spend some free time in the said places and they have also made all arrangements to enjoy the trip.  

19. The OP have cancelled the tour even though there was no covid pandemic problem. The other tourists have also filed complaint against the OP for having cheated them by receiving the amount and not conducting the tour and also not returning the amount.  

20. Under these circumstances, the complainants have clearly established the deficiency of service and unfair trade practice on the part of the OP.   Hence we answer point No.1 in affirmative and point No.2 partly in affirmative.

21. Point No.3:- In view the discussion referred above the complainants are entitled for Rs.3,72,000/- i.e., Rs.93,000/- for each of the complainant with interest t 10% p.a., from the date of receipt of the amount till realization and the complainants each are also  entitled for compensation of Rs.50,000/- each for the mental agony ad harassment and also entitled for Rs.10,000/- towards litigation expenses and we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. The OP is directed to pay Rs.3.72,000/- i.e., Rs.93,000/- for each of the complainant with interest at 10% p.a., from the date of receipt of the amount till realization
3. OP is further directed to pay compensation of Rs.2,00,000/- for the mental agony ad harassment with litigation expenses Rs.10,000/- to the complainants.
4. The OP shall comply this order within 60 days from this date, failing which the OP shall pay interest at 12% p.a. after expiry of 60 days on Rs.3,72,000/- till final payment.
5. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 21^st day of FEBRUARY, 2023)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party;

NIL