Tamil Nadu

South Chennai

CC/12/2015

M/s.Shiva Kumar - Complainant(s)

Versus

M/s.Yak and Yeti Travels and Expeditions - Opp.Party(s)

Achar's Antoni Associates

05 Aug 2019

ORDER

                                                                        Date of Filing  : 19.11.2014

                                                                          Date of Order : 05.08.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.12/2015

DATED THIS MONDAY THE 05^TH DAY OF AUGUST 2019

                                 

Mr. Sivakumar,

S/o. Mr. Thiyagarajan,

No.15/10, 1^st Street, Gill Nagar,

Choolaimedu,

Chennai – 600 094.                                                         .. Complainant.                          

                                                                                               ..Versus..

 

Yak & Yeti Travels and Expeditions,

Rep. by its Director,

Zero Point, NH-31A,

Gangtok,

Sikkim – 737 101.                                                      ..  Opposite party.

          

Counsel for the complainant  :  M/s. Achari & Antoni Associates

Opposite party                        :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.33,500/- with 24% interest to the complainant and to pay a sum of Rs.5,00,000/- towards compensation for mental agony and suffering caused to the complainant with cost.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he planned a trip with his wife to Sikkim.  On going throughout the google, the complainant noticed that the opposite party providing tour package at best rates.  Hence, the complainant contacted the opposite party through mail.  In turn, the opposite party sent a tour itinerary to Sikkim on 07.06.2014.  The tour was planned by the complainant to go from 03.10.2014 to 08.10.2014 i.e. 5 Nights and 6 Days with the following facilities namely; (1) one double standard deluxe room with (2) breakfast and dinner and (3) vehicle for transport. The entire cost of the tour was worked out Rs.67,000/-.  In order to confirm the trip 50% of the tour cost has to be deposited in the opposite party account No.50099980832, Allahabad Bank, Gongtak Branch, Sikkim. The opposite party requested the complainant to produce the photograph and ID proof.  The complainant made conversions in confirming the trip through email. On 10.06.2014, the complainant transferred a sum of Rs.30,000/- through online from Citi Bank account in Alwapet Branch, Chennai from Account No.5328723443 to the opposite party bank account. On 11.06.2014, the complainant again transferred a sum of Rs.3,500/- from the same Citi Bank account to the opposite party.   Thus, the complainant paid the advance amount of 50% which was also acknowledged by the opposite party. 

2.     The complainant submits that he has taken train ticket and flight ticket for reaching Jalpaiguri wherein, the opposite party has to pick up the complainant.  Thereafter, the complainant contacted the opposite party from 07.07.2014 to 23.07.2014 and asked the status of the tour.  The opposite party through e-mail informed that the process of booking of rooms for the tour is going on.  Hence, the complainant lost the hope of journey and cancelled the both flight tickets and train tickets booked and thereby sustained a loss of Rs.4,174/- and Rs.190/- against the value of the ticket Rs.7,261/- and Rs.1,450/-.  The complainant also sent an e-mail to the opposite party on 06.09.2014 to cancel the trip and request to refund the amount.  On 08.09.2014, the opposite party replied that Rs.9,500/- will be deducted towards cancellation charges and balance of Rs.24,000/- will be transferred to the account of the complainant at the end of September 2014.  The complainant questioned the deduction of Rs.9,500/- which is unreasonable and requested to refund the same.  But the opposite party replied on 15.09.2014 that the refund will be made in the first week of October 2014.  But till date, the opposite party has not returned any amount.  Hence, the complainant issued a legal notice dated:20.10.2014 which was returned by the opposite party. The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

3.     In spite of receipt of notice, the opposite party has not been appeared before this Forum and hence, the opposite party was set ex-parte.

4.     Though the opposite party remained ex-parte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

5.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 to Ex.A10 are marked.

6.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for mental agony, deficiency in service as prayed for?
2. Whether the complainant is entitled to refund a sum of Rs.33,500/- with interest at the rate of 24% p.a. with cost as prayed for?

7.      On point:-

The opposite party after receipt of the notice not appeared in this Forum and remained ex-parte. The complainant filed proof affidavit, documents and written arguments. Perused the records also. The complainant pleaded and contended that he planned a trip with his wife to Sikkim.  On going throughout the google, the complainant noticed that the opposite party is providing tour package at best rates.  Hence, the complainant contacted the opposite party through e-mail as per Ex.A1.  In turn, the opposite party sent a tour itinerary to Sikkim on 07.06.2014 as per Ex.A1(S).  The tour was planned by the complainant from 03.10.2014 to 08.10.2014 i.e. 5 Nights and 6 Days with the following facilities namely; (1) one double standard deluxe room with breakfast and dinner and (2) vehicle for transport.  The entire cost of the tour was worked out Rs.67,000/-.  In order to confirm the trip 50% of the tour cost to be deposited in the opposite party account No.50099980832, Allahabad Bank, Gongtak Branch, Sikkim as per Ex.A2, copy of bank statement dated:01.06.2014.  The opposite party requested the complainant to produce the photograph and ID proof.  The complainant made conversions in confirming the trip through email as per Ex.A1 (S). On 10.06.2014, the complainant transferred a sum of Rs.30,000/- through online from Citi Bank account Alwapet Branch, Chennai from Account No.5328723443 to the opposite party bank account as per Ex.A3. On 11.06.2014, the complainant again transferred a sum of Rs.3,500/- from the same Citi Bank account to the opposite party as per Ex.A4 are copies of transactions through online.  Thereby, the complainant paid 50% of the itinerary amount towards the tour. 

8.     Further the contention of the complainant is that he has taken train ticket and flight ticket for reaching Jalpaiguri wherein, the opposite party has to pick up the complainant as per Ex.A7.  Thereafter, the complainant contacted the opposite party from 07.07.2014 to 23.07.2014 and asked the status of the tour.  The opposite party through e-mail informed that the process of booking of rooms for the tour is going on.  Hence, the complainant lost the hope of journey and cancelled both the flight tickets and train tickets booked and thereby sustained a loss of Rs.4,174/- and Rs.190/- against the value of the ticket Rs.7,261/- and Rs.1,450/- as per Ex.A8 & Ex.A9.  The complainant also sent an e-mail to the opposite party on 06.09.2014 to cancel the trip and request to refund the amount.  On 08.09.2014, the opposite party replied that Rs.9,500/- will be deducted towards cancellation charges and balance of Rs.24,000/- will be transferred to the account of the complainant at the end of September 2014.  The complainant questioned the deduction of Rs.9,500/- which is unreasonable and requested to refund the same.  But the opposite party replied on 15.09.2014 that the refund will be made in the first week of October 2014.  But till date, the opposite party has not returned any amount as per Ex.A1.  Hence, the complainant issued a legal notice dated:20.10.2014 as per Ex.A10.  The cover, Ex.A11 was returned not received by the opposite party proves the deficiency in service. The complainant is claiming a sum of Rs.50,000/- towards compensation for mental agony and refund of a sum of Rs.33,500/-.  The opposite party remained ex-parte.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall refund a sum of Rs.33,500/- being 50% of the amount deposited with the opposite party bank with a compensation of Rs.10,000/- for mental agony with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite party is directed to refund a sum of Rs.33,500/- (Rupees Thirty three thousand five hundred only) being 50% of the amount deposited with the opposite party bank and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.  

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 05^th day of August 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

		Copy of email conversations
		Copy of bank statements
		Copy of payment to opposite party
		Copy of payment to opposite party
		Copy of flight ticket
		Copy of train ticket
		Copy of return flight ticket
		Copy of cancellation of flight ticket
		Copy of cancellation of flight ticket
		Copy of legal notice

 

 

MEMBER                                                                                PRESIDENT