FINAL ORDER/JUDGEMENT

Smt. SAHANA AHMED BASU, Member ,

The case of the complainant in short,is that, being convinced by the representation of the OPs through brochure and advertisements the complainant booked a package tour to Egypt by paying total consideration amount of Rs.1,30,000/- in connection of the said tour. The proposed tour was to start on 24/03/2020. Due to outbreak of Corona Virus Pandemic, Government of all countries stopped international travel from March, 2020. Therefore, the complainant could not avail the said package tour and demanded refund of the saidsum of consideration from the OPs. OPs made several verbal promises from time to time. Thereafter within a few months the office of the OPs closed down. Finding no other way, the complainant issued a legal notice to the OPs on 22/10/2021 claiming refund of the entire um of Rs.1,30,000/- along with bank rate of interest which have not been responded by them. Till date the OPs did not take any initiative to refund the deposited amount paid by the complainant.  Alleging unfair trade practice and deficiency in service on the part of the OPs, the complainant has filed the present complaint seeking refund of deposited amount  including interest , compensation and litigation cost .

OPs did not resist the consumer complaint despite service of notice. No WV is filed by the OPs within the statutory period. Thus, the case runs ex parte hearing against the OP.

In support of his case the complainant has tendered evidence supported by affidavit and also relied upon documents annexed with the complaint petition. Complainant has also filed written argument. We have heard argument on merit and have also perused the record.

Evidently, the complainants had booked the a package tour to Egypt  scheduled to start from 24/03/2020 by paying total consideration amount of Rs.1,30,000/- with the OPs . On perusal of the material documents annexed with the complainant petition it is found that the complainant paid the said amount vide cash on 04/12/2019, 20/01/2020, and 11/03/2020 and vide Cheque no.086177 dated 18/02/2020 drawn on Axis Bank Ltd. There is also no doubt that all commercial / international flights were cancelled due COVID 19 pandemic. Therefore, said trip of the complainant automatically got cancelled. Documents on record furnished by the complainant reveals  that on behalf of the complainant a legal notice was issued to the OPs on 22/12/2021 claiming the refund of consideration amount of Rs,1,30,000/- of the said packagetour. Photocopy of the postal track report furnished by the complainant goes to show that the said legal notice was duly received by the OPs. But no communication was made on the part of the OPs with the complainants.

It is true that that no WV has been filed by the OPs though several opportunities were given to them for filing WV but they have failed to file the same as such the allegation stated in the complaint petition remains unchallenged. Regarding this matter, we can safely state that on failure to file WV by the OPs tantamount to admission of the allegations stated in the complaint petition. Ld. Advocate for the complainant submitted that OPs made verbal promises to the complainant from time to time regarding the refund of the deposited sum of Rs.1,30,000/- . Further it is also submitted by the Ld. Advocate for the complainant that, the office of the OPs closed down within a few months and used to open for only few hours a week with one or two staffs who initially kept on making false promises and thereafter started misbehaving with the complainant who is asenior citizen and thereafter totally stopped entertaining complainant’s claim by deliberately neglecting the complainant.

In view of the above facts it is observed by us that, it is very unfortunate that OPs have miserably failed to perform their responsibilities. It is not our expectation that the complainant by any means suffer from loss of money and time for the utter negligence on the part of the OPs. Under the above circumstances, unfair trade practice and the gross negligence and deficiency in service on the part of the OPs is proved and the complainant is entitled to get relief/ reliefs.

Based on the above discussion we disposed of the consumer case in the following terms:-

1.         OPs are jointly and severally directed to refund the sum of Rs.1,30,000/-to the complainant.

2.         OPs are further jointly and severally directed to make payment of RS.25,000/- as compensation for harassment and mental agony caused to the complainant due to deficiency in service.

3.         OPs are also jointly and severally directed to pay Rs.10,000/-as cost of litigation to the complainant.

4.         Above payments shall be made within 04 weeks from the date of this order failing which the amount shall carry interest @ 9% p.a. from the date of the order till its realization.

The instant Consumer Complaint is thus allowed on ex parte against the OPs. 

Copy of the judgement be supplied to the parties as per rules. Judgement be uploaded on the website of this Commission forthwith for perusal of the parties.