PRESENT
Complainant by Adv.Pawan Band present.
Opponent Ex parte.
ORDER
(Per- SMT. POONAM V.MAHARSHI, Hon’ble Member)
1. This is a complaint U/s 12 of Consumer Protection Act. 1986, alleging deficiency in service against the opposite party ( for short the op.) The case of complainant in short is as follows.
2. The complainant is residing at the address mentioned in cause title. The Op M/s Chaitanya Holidays Pvt. Ltd is having their address as mentioned in cause title and is engaged in the business of International and Domestic tour operator.
3. Mr. Girish Radhakrishanan Nair ( Mr. Girish ) is the son of complainant who has booked a trip through the opponent company for Singapore. The opponent company had assured to Mr. Girish that he will be offered quality services from the best trip maker i.e . op.
4. On the basis of representations and assurances by the op company, the complainant’s son Mr. Girish agreed to avail the services of op. The complainant accordingly paid Rs. 1,24,500/- ( Rupees one lakh twenty four thousand five hundred only) and the same has been acknowledged by op, in terms of Receipt voucher dated 26/07/2013 which is marked as Annexure A.
5. The complainant was requesting op to get the visa stamped in time so that he could proceed with the Singapore tour but the op replied that it is not possible to get the visa stamped before the tour date and hence tour has to be cancelled.
6. The op after discussion with the complainant agreed to refund the full amount or issue a credit note for the equal amount invested by Mr.Girish for the Singapore tour by confirming it via Email dated 29.08.2013.
7. Further the Accounts team of op confirmed the cancellation and sent a confirmation Email dated September 03,2013 assuring 100 % refund to Mr. Girish.
8. Subsequently op offered a credit note valid for one year in lieu of refund to Mr. Girish or any one from his family could avail a domestic or International trip for the amount mentioned in the credit note based on this Mr. Girish offered a credit note to the complainant i.e. his father.
9. The complainant was ready to avail the tour but he was shocked to know that op has refused to grant him the tour and confirmed over the phone that they would get the refund of money paid by them.
10. Op had made several representations to the complainant to refund the amount but has Miserably failed and Neglected to resolve the issue and has not bothered to reply the Email and calls.
11. On 01.01.2014 op handed over the cheque of Rs. 60,000/- (Rupees sixty thousand only ) of ICICI Bank, Thane to complainant in favour of Mr. Girish R. Nair but the same was stopped by op on 06.01.2014 and the reason mentioned was “ Payment stopped by Drawer”
12. On 09.06.2014 complainant wrote a letter to op regarding the refund and dispatched it through registered post. But all his efforts were in vain as till date op has not paid the advance money to the complainant.
13. Subsequently, complainant filed a complaint to consumer guidance society on 01.08.2014 who requested op vide letter No. CG/MKS/287 dated 02.08.2014 to reach at amicable solution at the earliest.
14. On 16.07.2015 op sent an E-mail attached with E-ticket , but the name of the complainant was not as per the passport and therefore they could not proceed with the further formalities necessary for the trip.
15. Subsequently op agreed to reschedule the trip by rectifying the mistake in the name of the complainants ticked and asked to resent the copies of passport according complainant send the passport copies on 20.05.2015 via E-mail.
16. Thereafter , op never initiated any act or deed to arrange the trip for the complainant and his wife. Hence on 04.07.2016 sent an E-mail to op demanding the refund but he has not received any reply.
17. Hence the complainant approached this forum. The complaint was admitted on 05.08.2016 notice was sent to op but the notice was returned to forum with the remark “ Unclaimed”.
18. The complainant on 06.10.2016 filed service affidavit that op has his office on address mentioned in clause title an opportunity was given to op to file written version.
19. On 22.09.2016 op failed to appear before forum and file its written version hence an “ Exparte order” was passed against them.
20. On 21.03.2018 complainant filed evidence affidavit and written argument and filed a pursis that written arguments be treated as there oral argument.
21. To substantiate the claim the complainant has led his evidence by filing an affidavit . The forum has relied on following documents filed by complainant.
1. Receipt voucher dated 26.07.2013 at Annexure “A.”
2. E-mail correspondence at Annexure “B”
3. Cheque for Rs.60,000/- of ICICI Bank and Inward return
memo at Annexure “C”
4. Complainant letter to op at Annexure “D”
5. Complaint to consumer guidance society on August
01,2014 and reply , at Annexure “E”
6. The passport copies of complainant and his wife at
Annexure “F”
22. The complainant has filed brief notes of Arguments.
23. The pleadings made by the complainant remained Unchallenged. The evidence adduced on behalf of complainant and documents filed on record remained unchallenged.
24. It is evident from evidence and documents on record that complainant’s Son Mr. Girish R. Nair has booked a trip through op for Singapore and has paid sum of Rs.1,24,500/- ( Rupees one lakh twenty four thousand five hundred only ) on 26.07.2013 , Receipt annexed at Annexure “A”.
25. Despite completing all the formalities and Making the full payment well in time , the op could not offer the best services to him as promised and complainant had to cancel his trip as op had miserably failed to stamp the visas for Mr. Girish and his wife who were to travel to Singapore through the tour package designed by op. This clearly shows deficiency of service by op.
26. The complainant in support of his contentions refers and relies upon E-mail correspondence.
27. Op cheque for Rs.60,000/- from account 003505012296 and cheque no. 33102 to complainant in favour of Girish R. Nair dated 01.01.2014 was stopped by op on 06.01.2014 with reason “ Payment stopped by drawer” Annexure “C” shows unfair trade practice on part of op.
28. We have heard the learned advocate for complainant. Perused details of receipt voucher issued by op, E-mail correspondence between complainant and op. Inward Return Memo, Copies of passport of complainant and his wife.
29. The complainant has filed on record evidence to show that since beginning he was facing problem due to improper and deficiet service of op.
30. The complainant is subjected to Mental Agony and inconvenience caused due to deficiency in service by op. He is entitle for reasonable compensation of Rs.25,000/-( Twenty five thousand only) for Mental Agony and Rs.10,000/- ( Ten thousand only ) as to cost.
31. We are of the opinion that op should refund the amount of Rs.1,24,500/- ( Rupees one lakh twenty four thousand five hundred only) with interest @ 12 % p.a. from 26.07.2013 till date of realization.
32. In the result , we pass the following order.
ORDER
1. The consumer complaint No. 472/2016 is partly allowed.
2. It is declared that op is guilty of deficiency in service.
3. The opposite party i.e. M/s Chaitanya Holidays Pvt. Ltd. is directed to refund sum of Rs.1,24,500/- ( Rupees one lakh
twenty four thousand five hundred only) with interest @ 12 % p.a. from 26th August 2013 till the date of realization.
4. The complainant is also entitle for reasonable compensation of Rs.25,000/- /-( Twenty five thousand only) for Mental Agony
and Rs.10,000/- ( Ten thousand only ) as to cost.
5. The copies of this order be sent free of cost to both the parties.
