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

DATED 2^ND DAY OF AUGUST 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 reliefs against the OP directing the OP to pay to the complainants a sum Rs.1,38,000/- along with interest at 24% p.a., from the date of claim until date of payment and sum of Rs.25,000/- towards causing inconvenience, mental agony suffered by the complainants and Rs.10,000/- for legal expenses and such other reliefs.
2. The case set up by the complainant in brief is as under:-

The complainants are the husband and wife and they recently married on 04.06.2021. they were looking out for a honeymoon vacation and while browsing the internet they came across “tours I go” a travel agency which is a division of the OP. Then the complainants enquired with them regarding Maldives package they sent a customized tour itinerary with all details and total amount quoted for Maldives package was Rs.1,88,064/-. In furtherance of the same a whatsapp group was created by the complainant NO.2 on 09.06.2021 with the name “June 9^th 2021” for all the details and quires of the schedule travel. Ms.Teju Raj, senior travel consultant of OP was also added to the said group and on her request the complainants made payment of Rs.1,88,000/- in total.

3. The complainants have made payment of Rs.1,00,000/- on 02.03.2021 and thereafter on 10.03.2021 they made payment of Rs.88,000/- on the request of the travel consultant Ms.Teju Raj and the same was credited to the Ops account bearing No.272605500193 and the same has been acknowledged by the OP.
4. As per the customized tour itinerary the tour has to commence on 09.06.2021 and close on 12.06.2021 i.e., for 3 nights and 4 days, for which the complainants were all set. However due to the second wave of covid-19 and travel restrictions during that period the Ops travel agency requested the complainants to postpone their travel schedule. As per their request the complainants have agreed to postpone their travel schedule. Thereafter when the complainant wanted to know as and when they could travel there was no response from the OP. after waiting for a couple of days the complainants have visited the Ops office and discuss the same and failed to get an answer since the office was closed.
5. It is further case of the complainants that even though they have paid the full amount of the travel package the Ops neither sent any flight tickets nor resort bookings confirmation with respect to the travel package instead the OP has verbally stated that everything is confirmed and the complainants need not worry about anything, without providing any documents or details in that regard.
6. The complainants have made all efforts to contact the Ops but it is went in vain. After incessant efforts by the complainants they could get the phone number of one Sri.Deepak Kemparasa one of the directors and the representatives of the OP. when the complainants contacted him and explained the situated he insisted them to contact the concerned person and gave the complainants another person’s mobile number by name Priya and asked the complainants to contact her for any issues or queries with regard to the travel. Thereafter, the complainant contacted Ms.Priya and requested to travel in October 2021, but the said Priya has insisted the complainants to travel on June 4^th 2022 as it would be their first wedding anniversary.
7. It is further case of the complainants that, during that period the 2^nd complainant got pregnant and therefore they thought it fit to cancel the travel plan and same was intimated to Priya. After few discussions with Priya with regard to cancellation and refund of the amount, she informed the complainants that if any other couple travels in place of complainants then the OP will settle or refund the entire amount to the complainants.
8. After perusing the OP and their travel agency for refund of the money the OP have paid only Rs.50,000/- and they have failed to repay the balance of Rs.1,38,000/-. The Ops have been postponing the same on one or the other pretest for the reasons best known to them. Two years have been passed since the complainants have requested for remaining amount and there has been absolutely no action by the OP in refunding the remaining amount to the complainants. When the complainants have asked the OP they have replied vehemently that they can take whatever the legal action as they please. Hence the Ops have committed unfair trade practice and they are liable to refund the amount as there is deficiency in service on the part of the OP. hence the complaint is filed.
9. In response to the notice, OP remained absent hence case was posted for evidence of the complainant.
10. The 1^st complainant has filed his affidavit evidence on his behalf and also on behalf of 2^nd complainant and relies on 04 documents. 
11. Heard the arguments of advocate for 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 complainant is 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 4. Inspite of service of notice OPs remained absent. Hence OPs neither challenged the allegations made in the complaint and also documents and they remained unchallenged.
15. The complainants being the husband and wife have contacted the Ops to arrange for tour programme for Maldives. The Ops have quoted Rs.1,88,064/- for the Maldives package. The complainant shave paid the entire amount of Rs.1,88,000/-. Due to the second wave of the covid 19 pandemic and also due to travel restrictions during that period as per the request of the Ops the tour schedule was postponed. After that there was no response from the Ops after waiting for a couple of days the complainant again contacted the Ops and requested for fixing of the travel. Even though the Ops have discussed with the complainants that they will arrange for the travel they have neither sent any flight tickets nor resort booking confirmation with respect to the travel package. The Ops have verbally stated that everything is confirmed after that when there was no response from the Ops, the complainants again contacted one of the director and representative of the OP namely Deepak Kemparasa as per his guidance they have also contacted one person of the OP Ms.Priya and they have requested the said travel agent to fix the travel in October 2021 but the official of the OP has insisted the complainant to travel on June 4^th 2022 as it would be their first wedding anniversary.
16. During that time the 2^nd complainant got pregnant and in view of this the complainants have decided to cancel the tour programme and requested the Ops to refund the amount. After pursuing the Ops for refund of the money they have only refunded Rs.50,000/- and they failed to refund the balance of Rs.1,38,000/-.
17. When the Ops have failed to refund the amount even after lapse of two years, the complainants have got issued legal notice on 15.03.2023. Inspite of service of the same the Ops have neither refund the amount, nor sent any reply.
18. In support of their contention the complainants have produced the copy of two bank statements for having plaid Rs.1,88,000/- to the Ops towards travel to Maldives. They have further produced the copy of the legal notice and postal receipt as Ex.P3 and P4 and also produced the customized tour itinerary for Maldives 3 nights/4 days.
19. It is clear from the unchallenged allegations made in the complaint and evidence of the complainant and documents that the Ops have received Rs.1,88,000/- for Maldives package tour. Due to covid-19 and also for other reasons the Ops have requested the complainants to cancel the travel schedule with a condition that they will offer and arrange the schedule after the government raised restrictions on travel after the second wave of covid-19. Even after the raising of restrictions on travel by the government the complainants have contacted the Ops for arranging the trip but it was failed later the complainants themselves have cancelled the tour programme in view of the second complainant got pregnant. After that they have requested the Ops to refund the amount, the Ops have refunded only Rs.50,000/- and they have not refunded Rs.1,38,000/-.
20. It is clear from the evidence and documents that even though the complainants have booked the Maldives package tour the Ops have neither sent any flight tickets nor resort booking confirmation with respect to the travel package instead they have verbally stated that everything is confirmed.  After that the Ops never arranged for the travel to Maldives to the complainants.  When the Ops have not at all made any arrangements for the travel of the complainants as per their Maldives package tour they have not at all spent any amount paid by the complainants. If the Ops have booked flight tickets or made any arrangements for resort booking confirmation, they would have informed the complainants about the travel date and also they would have sent the flight tickets and also documents relating to the resort booking.
21. Under these circumstances, it is clear that the Ops have not made any arrangements and they simply keep the money paid by the complainants without arranging for any tour. Under these circumstances, the complainants are entitle for refund of entire amount by the Ops. The Ops cannot retain Rs.1,38,000/- without making any arrangements towards the travel package of the complainants. The conduct of the Ops clearly discloses that they have practiced unfair trade practice and there is deficiency of service on their part. Under these circumstances, the complainants have also disappointed and they have suffered inconvenience and mental agony for cancellation of the tour.  The complainants have also forced to approach this commission for recovery of the amount from the Ops even though they have paid the entire amount towards travel package to Maldives. Hence we answer point No.1 in affirmative and point No.2 partly in affirmative.
22. Point No.3:- In view the discussion referred above the complaint is liable to allowed in part. Ops are liable to pay Rs.1,38,000/- with interest at 10% p.a., from the date of respective payment till realization with compensation of Rs.25,000/- for causing inconvenience and mental agony and Rs.10,000/- towards legal expenses to the complainant and we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. Ops are directed to pay Rs.1,38,000/- with interest at 10% p.a., from the date of respective payment till realization to the complainants.
3. Ops are further directed to pay compensation of Rs.25,000/- along with litigation expenses of Rs.10,000/- to the complainant
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.1,38,000/- 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 02^ND day of AUGUST 2023)

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

Documents produced by the representative of opposite party – R.W.1;

NIL