| Complaint Case No. CC/807/2015 |
| | | | 1. Dr.P.D.Kombli | | Dr. P.D.Kombli, S/o Late Doddappa Kombli, R/at No.507, Giridarshini Layout, Alanahally, mysore-570028. |
| ...........Complainant(s) | |
| Versus | | 1. M/s.Happy Holidays | | M/s Happy Holidays, No.43/2, V.M.Double Road, Kuvempunagar, Mysuru, Rep. by its Authorized Signatory Sri Jagadish. Also available at No.346, 2nd Main, 3rd Cross, Behind Adithya Nursing Home, Gokulam, Mysuru. |
| ............Opp.Party(s) |
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| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023 CONSUMER COMPLAINT NO.807/2015 DATED ON THIS THE 30th June 2017 Present: 1) Sri. H.M.Shivakumara Swamy B.A., LLB., - PRESIDENT 2) Smt. M.V.Bharathi B.Sc., LLB., - MEMBER 3) Sri. Devakumar.M.C. B.E., LLB., - MEMBER COMPLAINANT/S | | : | Dr.P.D.Kombli, S/o late Doddappa Kombli, No.507, Giridarshini Layout, Alanahally, Mysuru-570028. (J.M.Aiyanna, Adv.) | | | | | | | | V/S | | OPPOSITE PARTY/S | | : | M/s Happy Holidays, No.43/2, V.M.Double Road, Kuvempunagar, Mysuru. Rep. by its Authorised Signatory Sri Jagadish. Also available at No.346, 2nd Main, 3rd Cross, Behind Adithya Nursing Home, Gokulam, Mysuru. (EXPARTE) | | Nature of complaint | : | Deficiency in service | Date of filing of complaint | : | 11.12.2015 | Date of Issue notice | : | 18.12.2015 | Date of order | : | 30.06.2017 | Duration of Proceeding | : | 1 YEAR 6 MONTHS 19 DAYS | | | | | | | | | |
Sri H.M.SHIVAKUMARA SWAMY, President - This complaint is filed for a direction to opposite party to pay Rs.76,950/- with interest at 19% from 20.03.2013 till payment, for compensation and other reliefs.
- The brief facts alleged in the complaint are that after going through the publicity given by the opposite party relating New Zealand tour, the complainant approached the opposite party and agreed to pay Rs.1,18,000/- towards package tour. The complainant has paid Rs.1,11,900/- on 22.02.2013. The said tour proposed between August 2013 and October 2013. The complainant had made all arrangements and he was waiting for the date of departure. But, the opposite party did not arrange or provided tentative dates of tour. After lapse of substantial period, in the month of August 2013, the opposite party has informed that the programme could not be finalised, thereby it is cancelled. The opposite party has refunded a sum of Rs.34,950/- from 02.04.2014 to 01.10.2014. The remaining amount was not paid. Thereby, there is deficiency in service on the part of opposite party in not arranging tour and not refunding the amount. Hence, this complaint is filed for refund of the remaining amount with interest.
- Opposite party served with notice, absent, placed exparte. Then this matter is set down for evidence. During evidence, complainant has filed his affidavit evidence and relied on the documents. Further evidence closed. After hearing arguments, this matter is set down for orders.
- The points arose for our consideration are:-
- Whether the complainant establishes that there is deficiency in service on the part of opposite party in not arranging the tour or refunding the amount, thereby complainant is entitled for the relief claimed?
- What order?
- Our findings on the aforesaid points are as follows:
Point No.1 :- Partly in the affirmative. Point No.2 :- As per final order for the following :: R E A S O N S :: - Point No.1:- The complainant has produced the brochure issued by opposite party relating to the tour programme and also collected advance amount. Further, complainant has made payment of Rs.1,11,900/-. But, the opposite party did not arrange the tour even though the schedule date and month of arrived, when questioned, the opposite party has informed that he could not finalise the programme. Thereby, tour was cancelled, the opposite party has refunded a sum of rs.34,950/-. But, remaining amount was not paid. Hence, this complaint is filed by the complainant and the complainant has led his evidence narrating the same facts.
- The complaint and the evidence of complainant discloses that opposite party has received the amount for arranging the tour. But, failed to arrange the same. Therby, there is deficiency in service on the part of opposite party. Even the opposite party has not refunded the full amount except paying a sum of Rs.34,950/-. Thereby, complainant has sought for refund of the remaining amount of Rs.76,950/- with interest. The opposite party has made last payment in 2014 i.e. 01.10.2014, thereafter, no payment was made. Thereby, the present complainant is entitled for balance sum of Rs.76,950/- with interest at 18% from 20.03.2013 till payment. The opposite party is also liable to pay compensation of Rs.30,000/- and litigation expenses of Rs.2,000/-. Accordingly, Point No.1 is answered partly in the affirmative.
- Point No.2:- In view of the findings recorded on point No.1, opposite party is liable to pay rs.76,950/- with interest at 18% from 20.03.2013 till payment. Apart from that opposite party is also liable to pay compensation of Rs.30,000/- with litigation expenses of Rs.2,000/- to the complainant. Hence, we pass the following order:-
:: O R D E R :: - The complaint is allowed in part.
- The opposite party is hereby directed to refund Rs.76,950/- to the complainant with interest at 18% p.a. from 20.03.2013 till payment.
- The opposite party is hereby directed to pay compensation of Rs.30,000/- and litigation expenses of Rs.2,000/- to the complainant within 45 days from the date of this order. Failing which the said total sum of Rs.32,000/- shall carry interest at the rate of 12% p.a. from the date of this complaint i.e. 11.12.2015 till compliance is made.
- In case of default to comply this order, the opposite party to undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
- Give the copies of this order to the parties, as per Rules.
(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 30th June 2017) | |
