Order No.11

Today is fixed for order on the miscellaneous application no. 40/2022 filed on behalf of the OPs.

The OPs has alleged by filing the aforesaid petition that the case is bad for suppression of material fact. We have heard the Ld. Advocates on both sides on the previous date and adverted to the application, written objection to the application and the other material on record. The complainant who booked a tour package namely ‘Glimpses of Turkey and Greece Summer 2020’ by making payment of Rs. 1, 00,000/- was granted a credit voucher worth Rs. 1, 00,000/- from the OPs with an explanation that the schedule tour could not be taken up due to the lockdown declared on 23.03.2020 and which continued to remain in force even after 30.09.2020. The complainant has filed this case seeking refund of Rs. 1, 00,000/- on being dissatisfied with the credit voucher. The terms and conditions of the tour operator provide that at the option of the traveller refund is payable in case of cancellation of the booking. We do not find any infirmity at this stage in the case of the complainant. The allegation as the complainant’s suppression of material fact does not gain any ground in the light of material on record. After informing the complainant on several dates and of late on 05.10.2020 about cancellation of the booking the complainant has filed this case on 24.03.2021 seeking refund. Therefore, claim of the OPs that the suit is bad for suppression of material fact cannot be upheld. The application calls for no action.

Hence, MA being no. 40/2022 is rejected and disposed of.

It needs to be mentioned here that OP no. 1 who has failed to file W/V within time in compliance with the direction dated 28.02.2022 for which the case will proceed ex parte.as against OP no. 1. Since OP no. 2 and 3 has already file W/V 25.11.2022 is fixed for filing evidence by the complainant.