SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

This is an application u/s.12 of the C.P. Act, 1986.

The case of the complainant in brief; is that OP-1 is a Pvt. Ltd. Company and involved with the business of travel agency including services related to tickets, arrangement for VISA and associated business. The OPs 2 and 3 are the directors of the OP-1. Complainant had purchased series of tickets and receipts of other travel related services from the OPs on various dates against payment of consideration amount in terms of the bills/invoice dated 06.10.2018. Complainant had purchased various flight tickets, bus ticket and also applied for VISA through the OP-1 in exchange of monetary transaction. On believing and trusting the bills/invoices raised by the OPs time to time complainant had paid Rs.  4,61,459/- to the OP out of total Rs.  6,72,275/-. Bills/ invoices raised by the OP are not having break up showing payment of GST/taxes for which the complainant will not get refund of GST and other benefits available as per law. Despite several request the OPs did not provide breakup bills/invoices though he is ready and willing to pay the rest amount of the bills/invoices to the OP-1. The acts of the OPs are not inconformity with law and procedure. Hence, the complainant filed the instant complaint against the OPs.

 Despite publication of notices in daily newspaper, the OPs did not turn up to contest the case by filing WV. Thus, the case has proceeded ex parte against the OPs vide procedural order dated 06.12.2021.

Complainant by way of evidence has stated that the OP-1 is a Pvt. Ltd. Company and involved with the business of travel agency as well as provides services related to tickets, arrange for VISA and associated business. The OPs 2 and 3 are the directors of the OP-1. Complainant purchased air tickets and other travel related services from the OPs on various dates against payment of consideration. Photocopies of tax invoices goes to show that the OP-1 raised bills to the complainant on several dates and the complainant paid Rs. 4,61,459/- to the OP-1 against money receipt out of total invoice amount of Rs. 6,72,275/-. It is the further alleged that the bills/invoices raised by the OP-1 are defective as the tax consultant told that he is not eligible to get refund of GST and other benefits as per law. Complainant failed to adduce evidence of his Tax Consultant to prove that the invoices bills are not prepared as per law and the complainant is not entitled to get refund of GST and other benefits. In our view, this commission is unable to ascertain whether the bills/invoices are not prepared according to law. Tax Consultant is the competent person to enlighten to explain why the complainant will not get refund of GST and other benefits. Therefore, we are not in a position to adjudicate the dispute as alleged in the consumer petition.

Having regard to the above observation, we are not inclined to allow the complaint and the complaint is dismissed ex parte without any cost.