By Smt. Padmini Sudheesh, President:<br /> <br /> The case of the petitioner is as follows:<br /> <br /> The petitioner is an association registered under the Travancore Cochin Literary Scientific Charitable societies Act of 1955 by the name and style Young Mens Christian Association Chittattukara (YMCA) represented by its President and Secretary. The main intention of the association is to make social activities to bringing up and restoring poor persons and also provide educational and financial assistance for the children who are below the poverty line. The petitioners for getting mental pleasure and for the enjoyment of other members had decided to conduct a tour programme and contacted the respondent on 29.4.07. Respondent agreed and accepted petitioner’s demand and provided 30 seat bus to a date fixed on 13.5.07 for an amount of Rs.4000/- and Rs.1000/- was paid as advance and respondent issued booking order form No.130. On the tour day, after the agreed time 6.30 A.M. the bus did not come and the petitioner contacted the respondent by phone and there is no response. So they are forced to arrange another vehicle and to cut short their trip sheet. Lawyer notice was sent, but unclaimed and no reply. Hence this petition.<br /> <br /> 2. Respondent is remained exparte. <br /> <br /> 3. To prove the case, the petitioners have filed affidavit and seven documents. The documents are marked as Exts. P1 to P7. There is no counter evidence to the evidence of petitioner. <br /> <br /> 4. So the petition is allowed and the respondent is directed to return the advance amount of Rs.1000/- (Rupees one thousand only) with interest at the rate of 12% per annum from 13.5.07 and also directed to pay compensation of Rs.5000/- (Rupees five thousand only) and Rs.1000/- (Rupees one thousand only) as costs. Comply the order within one month. <br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 7th day of July 2008.<br />