Complainant by Adv. Rubina Shaikh
Opponent No. 1 & 2 Ex-parte
ORDER
(Per- Mr. S. S. Vyavahare, Hon’ble President.)
1) The complainant has filed this complainant under Section 12 of the Consumer Protection Act, against the opponents for getting compensation alleging deficiency of service on their part.
2) Facts giving rise to the present complaint in short are as under.
3) Opponent No.1 is a travel agency whereas opponent No.2 is its proprietor. The offices of the opponent No.1 & 2 are situated on the address mentioned in the complaint. The complainant is resident of Wadala. It is the contention of the complainant that he has booked a tour to Singapore for his mother-in law from 14/11/2013 to 17/11/2013. The complainant has also paid Rs.61,854/- towards the tour charges. It is further contention of the complainant that the opponent could not organize the said tour on scheduled date and cancelled the same. Therefore complainant asked for refund of amount. It is further contention of the complainant that instead of refunding the amount the opponent gave another date of Singapore tour which was to be commenced on 21/11/2013. However, said tour was also cancelled even the tour arranged on 28/03/2014 was also cancelled. Taking into consideration the attitude of the opponent the complainant was frustrated and he insisted for refund of money. It is further contention of the complainant that, a cheque of Rs.61,884/- dated 29/03/2014 drawn on Indian Overseas Bank issued by the opponent was dishonored on 10/04/2014 for insufficiency of fund. The complainant therefore approached to the opponent and he narrated the same fact. The opponent therefore issued another cheque of Rs.22,000/- drawn on Indian Overseas Bank which was also dishonored. It is further contention of the complainant that three cheques of Rs.10,000/-, Rs.22,000/- & Rs.10,000/- respectively issued to the complainant were not honored. It is further contention of the complainant that, after mammoth efforts he could secure Rs.20,000/- in cash from the opponent on two different dates. Therefore alleging the said act of the opponent as deficiency of service and unfair trade practice the complainant has filed present complaint and claimed for refund of Rs.31,854/- with 10 % interest and compensation of Rs.30,000/- for mental agony and cost of the complaint.
4) The opponent though served remained absent and therefore matter was proceeded ex-parte against opponent No.1 & 2 on 23/06/2015. The complainant was called upon to adduce his evidence and written argument. The entire evidence, written arguments of the complainant have gone unchallenged as matter is proceeded ex-parte against the opponent. Therefore we have no hesitation to accept the evidence of the complainant. To prove the transaction id dispute the complainant has produced the receipt for payment of Rs.24,000/- and Rs.37,854/-. The complainant has also produced the copy of cheques issued by the opponent to the complainant which were dishonored. The contention of the complainant that said cheques were not encashed has gone un-rebutted. Therefore we have no hesitation to accept the unchallenged evidence of complainant to conclude the deficiency of service and unfair trade practice on the part of the opponent. Hence following order.
ORDER
- Complainant is allowed.
- It is hereby declared that, the opponents have indulged in deficiency of service and unfair trade practice while arranging the Singapore tour of the complainant.
- The opponent jointly and severally are directed to pay Rs.31,854/- with 10% interest on it from the date of its payment till the realization of said amount.
- The opponents jointly and severally directed to pay Rs.20,000/- to the complainant towards mental agony and Rs.5,000/- towards the cost of the complaint.
