Date of Complaint : 13.04.2015
Date of Order : 22.01.2016
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3
PRESENT : THIRU. B. RAMALINGAM, M.A.M.L., : PRESIDENT
TMT.K. AMALA, M.A. L.L.B., : MEMBER – I
DR.T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II
C.C.No. 167 / 2015
THIS FRIDAY 22ND DAY OF JANUARY 2016
1. Mr. Sasikumar Chirala,
2. Mrs. Lakshmi Chirala,
Both are residing at
A1, Lakshmi Samhitha,
No.1, Pillayar Koil Main Road,
Near Perungudi Park,
Perungudi,
Chennai – 96.
3. Mr.N. Mohan Rao,
Akira Eye Hospital,
Aryapuram,
Rajahmundry 533 104,
East Godavari District,
Andra Pradesh. .. Complainants.
- Vs-
M/s. Sri Ravi Travels (Chennai) Pvt. Ltd., Rep. by its M.D. Mr.Ellayan, No.27, Woods Road, B.R.Complex, Gr.Floor, (off. Mount Road), Chennai 600 002. .. Opposite party. | | .. Opposite party. |
| | |
For the complainants : M/s. S.Gopinathan & another
For the opposite party : Exparte
ORDER
THIRUMATHI.K.AMALA, :: MEMBER-I
1. Complaint under section 12 of the Consumer Protection Act, 1986. The complaint is seeking direction against the opposite party for refund of the entire amount of the payment made for air tickets and visa together with interest and Rs.1,75,000/- towards balance of foreign exchange Rs.6,600/ towards accommodation Rs.4,239/- towards train tickets from Rajamundri to Chennai along with compensation and cost of the complaint.
2. Even after receipt of the notice from this forum in this proceeding, the opposite party did not appear before this Forum and did not file any written version. Hence the opposite party were set exparte on 25.9.2015.
3. Perused the complaint, and the documents Ex.A1 to Ex.A11 filed by the complainant and proof affidavit and the entire C.C. records and considered the arguments of the complainant counsel.
4. The complainant contended that they paid a sum of Rs.60,000/- to book three tickets for Dubai and the date is fixed between 22nd January to 29th January 2015 and for visa arrangements they paid Rs.25,000/- on 20th December 2014. Apart from paying Rs.85,000/- they had also given certain foreign exchange which was saved during earlier trips and the opposite party promised to exchange the new for old currencies in the form of 6000 Dirhams and 2000 US dollars. After handing over the foreign currencies the opposite party evaded the complainants and stopped their phone calls. On 20th January the opposite party’s M.D. informed that he could get visa only for two and he could not arrange visa for 2nd complainant since the 1st complainant had sales meeting at Mumbai from 1st to 3rd February he requested the opposite party to arrange visa for 6th February and to arrange boarding but they failed to do so. On 5th February the opposite party had brought visas for two persons and on 6th late evening for the 3rd person but could not able to arrange for boarding formalities as promised. Hence the complainants requested to return all the payments and the opposite party also promised to return the payments. The opposite party paid 3,000 Dirhams for the balance Rs.3,000 and Rs.2000 US dollar the opposite party handed over three cheques dated 2.3.2015, 5.3.2015 and 10.3.2015 on 26.2.2015 and when the complainants presented the above cheques they were returned due to insufficient funds. After informed of the return of cheques the opposite party had promised to settle the said amount. But failed to do so. Further the complainants also booked Hotel Accommodation at Dubai and purchased tickets for Borj Khaleefa through their friend at Dubai for 390 Dirhams i.e. by paying Rs.6,600/- Indian money. Further the 3rd complainant also came to Chennai and met the opposite party and suffered physical strain and financial loss. Though the complainants have made payments the opposite party failed to arrange tickets and visa as promised in time and there by committed deficiency of service and unfair trade practice and also caused mental stress to them. Hence the complainants filed the above complaint for refund of the entire amount of the payment made for air tickets and visa together with interest and Rs.1,75,000/- towards balance of foreign exchange Rs.6,6,00 towards accommodation Rs.4,239/- towards train tickets from Rajamundri to Chennai and along with compensation and cost of the complaint.
5. The first grievance of the complainants is that the opposite party failed to arrange air ticket and visa and also boarding in time as promised by them. Hence they sought for refund of the amount of air ticket and visa. Admittedly the opposite party had booked air tickets for the complainants and obtained visa for them which is evidenced through Ex.A2, Ex.A6 and Ex.A7. As a prudent man if the complainants felt that the visa was not issued in time they could have cancelled the air tickets and booked fresh tickets since there was two months time limit for travel to Dubai as mentioned in visa. Since the opposite party had issued the air tickets and visa the amounts spent for the same by the complainant is exhausted and it is fault on the part of the complainant not to utilize the same in time. Hence the complainant cannot attribute allegation against the opposite party for deficiency in service in booking the air tickets and visa and seek refund of the amount of air ticket and visa. Further the complainants have not established that the opposite party had promised to make arrangements for boarding. Hence the complainants are not entitled to claim refund of the amount of air ticket and visa.
6. With regard to the grievance of the complainants that they gave certain foreign exchange to the opposite party for which the opposite party also promised to exchange the new for old currencies though not established through any document, however the contention of the complainants that the opposite party had handed over three cheques dated 2.3.2015, 5.3.2015 and 10.3.2015 for the exchange of the old currencies and when they presented the said cheques all the three cheques were returned as insufficient funds is proved through Ex.A8 i.e. the return memo from the concerned bank. The above documents proved that the complainant had availed the service of the opposite party for exchange of currencies for which the cheques given by the opposite party were returned. Ex.A10 & Ex.A11 i.e. the legal notice dated 19.3.2015 sent to the opposite party and received by them also shows that even after intimation the opposite party failed to refund the value of the return cheques and as such the opposite party had committed deficiency of service is acceptable. Hence the complainants are entitled for refund of the value of the three cheques i.e. Rs.51,000, Rs.62,000/- and Rs.62,000/- totaling Rs.1,75,000/-.
7. Moreover the opposite party has not appeared before this forum inspite of receipt of notice and failed to give any contra evidence to defend their case and hence they were set exparte.
8. The complainants contention that they spent for accommodation at Dubai is not proved through any document. But from the above facts it reveals that the complainants suffered mental agony and physical strain due to the deficiency in service of the opposite party is acceptable. As such the complainants are entitled for compensation of a sum of Rs.10,000/- towards mental agony. Whereas the compensation claimed by the complainants is exorbitant and they are entitled only for just and reasonable compensation.
9. From the above said facts and circumstances we are inclined to allow the complaint in part and the complainants are entitled for refund of a sum of Rs.1,75,000/- from the opposite party being the value of the three returned cheques which was issued by the opposite party for balance of foreign exchange and also a sum of Rs.10,000/- as compensation towards mental agony and a sum of Rs.2,500/- as litigation charges to the complainants.
In the result, the complaint is partly allowed. The opposite party is directed to refund a sum of Rs.1,75,000/- (Rupees One lakh and Seventy five thousand only) and also to pay a sum of Rs.10,000/- (Rupees ten thousand only) as compensation and also to pay a sum of Rs.2,500/- (Rupees Two thousand and five hundred only) as cost of litigation to the complainants within six weeks from the date of this order failing which the above amounts (Rs.1,75,000/ + 10,000/) shall carry interest at the rate of 9% per annum from the date of order passed till the date of realization.
Dictated directly by the Member-I to the Assistant, transcribed and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the 22nd day of January 2016.
MEMBER-I MEMBER-II PRESIDENT.
Complainants’ Side documents :
Ex.A1- 16.7.2014 - Copy of receipt towards Air ticket to Dubai issued by the opposite
Party to the complainants.
Ex.A2- 2.6.2015 - Copy of Air Tickets for three complainants.
Ex.A3- 22.1.2015 - Copy of Tickets purchased for visiting Burjkhalifa.
Ex.A4- 5.2.2015 - Copy of Train ticket purchased by 3rd complainant.
Ex.A5- 9.2.2015 - Copy of Train ticket purchased by 3rd complainant.
Ex.A6- 5.2.2015 - Copy of visa for 1st and 2nd complainant.
Ex.A7- 6.2.2015 - Copy of visa for 2nd complainant.
Ex.A8- - - - Copy of Three returned cheques along with memo of return.
Ex.A9- 8.3.2015 - Copy of letter given by the opposite party.
Ex.A10- 19.3.2015 - Copy of legal notice.
Ex.A11- 21.3.2015 - Copy of Ack. card received by the opposite party.
Opposite party’s side documents: -
.. Nil .. (exparte)
MEMBER-I MEMBER-II PRESIDENT.
