BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE
Dated this the 17th January 2017
PRESENT
SMT. C.V. SHOBHA : HON’BLE PRESIDENT
SMT.LAVANYA M. RAI : HON’BLE MEMBER
COMPLAINT NO.321/2016
(Admitted on 24.09.2016)
Ravi. M,
S/o Sri M.S.Bhat,
Aged about 34 years,
Residing at ‘Sri Devi Nilaya’,
Batrabettu Road,
Alape Padil,
Mangaluru 575007.
……… Complainant
(Advocate for Complainant by Sri. KSUN)
VERSUS
P. Mariappan,
Proprietor and Authorized Signatory of,
M/s India Island Tourism,
1.458, A.5, Main Road,
Addapakarunkulam
Vikramasugapuram
Ambasanudram
Tirunelvie 627452
Tamilnadu.
….…. Opposite Party
(Opposite Party: Ex parte)
ORDER DELIVERED BY HON’BLE PRESIDENT
SMT. C.V. SHOBHA:
I. 1. The above complaint is filed under Section 12 of the Consumer Protection Act alleging deficiency in service as against the Opposite Parties claiming certain reliefs.
The brief facts of the case are as under:
The complainant had booked for Lakshadweep Tour ‘Samudrum Package’ for his family members, consisting of ten adults, one kid one infant from 05.05.2016 to 09.05.2016, against the total payment of Rs. 2,76,250/ which amount has been received by the Opposite Party as per cash receipt No. 722695 dated 12.04.2016.The complainant after having paid the entire consideration and had arranged for joining the said package organized by the Opposite Party, the Opposite Party suddenly ie. On 3.4.2016 informed the complainant that the said package tour is cancelled. On account of this, the complainant entire plan of having package tour has come to a stand a still and halt and resulted in mental agony to himself and his other family members and also sustained loss to the tune of Rs.25,000/ on cancellation of both train and air tickets. The Opposite Party instead of refunding the total amount of Rs.2,76,250/ has refunded the partial amount of Rs.1,40,000/ and without any reason he has not refunded the balance sum of Rs.1,36,250/ to the complainant immediately/ or thereafter for all these days.The complainant submits that the non-payment of the amount/ consideration by the Opposite Party is intentional one and is an unfair practice and that act of the Opposite Party amounts to deficiency of service as defined under the act. Further, the complainant submits that the loss and agony sustained to the complainant and his family members are irreparable and cannot be compensated. Hence the above complainant filed before this Forum under Section 12 of the Consumer Protection Act 1986 (herein after referred to as ‘the Act’) seeking direction from this Forum to the Opposite Party for the refund of balance consideration of sum of Rs. 1,36,250/ along with interest and compensation of the proceedings.
II. 1. Version notice served to the Opposite Party by RPAD. Inspite of receiving version notice neither appeared nor contested the case before this FORA, hence, we have proceeded exparte as against the Opposite Party.
In support of the above complaint, Ravi. M, (CW1) the Complainant filed affidavit reiterating what has been stated in the complaint and produced the documents same has got marked as Ex C1 to C8. Since the Opposite Party placed Ex parte.
III. In view of the above said facts, the points now that arise for our consideration in this case are as under:
- Whether the complainant proves that the opposite parties committed deficiency in service?
- If so, whether the Complainant is entitled for the reliefs claimed?
- What order?
We have considered the notes arguments submitted by the learned counsel and also considered the materials that was placed before this Forum and answer the points are as follows:
Point No. (i) & (ii): Affirmative.
Point No. (iii) : As per the final order.
REASONS
IV. POINTS No. (i) & (ii):
With regard to the above point, the complainant had booked for Lakshadweep tour “Samudrum Package” with the Opposite Party for his family members consisting of 10 adults and one kid with one infant, for the period of 05.05.2016 to 09.05.2016, so that the complainant and his wife by name Smt. Krishnaveni also made payment of the same. In total against which the said payment is in a total sum of Rs. 2,76,250/, the same is under dispute and claim by the complainant against the Opposite Party in the matter. Such being so the aforesaid total payment of the claim by the complainant, have been sent to the Opposite Party concerned through their banker that is SBI Bejai Mangalore of the complainant for a sum of Rs. 96,004.58/ as on 22.03.2016. The remaining payment also made, by his wife Smt. Krishnaveni N. through her banker ICICI Bank Mangalore as on 22.03.2016 a sum of Rs. 1,28,767.18/ and on 31.03.2016 a sum of Rs. 51,500/ the above all the payments by both of them sent through interest Banking NEFT to the Opposite Party as per the documents available in the record, issued by both the Bank goes to show the same was duly paid by the complainant and his wife to the Opposite Party at his Mangalore. Accordingly this forum has got a tenitorial jurisdiction to try the mater. Therefore, it is clear that the above all three payments made by both the complainant and his wife is in total (i.e. 96,004.58.1,28,767.18.51,500)= Rs.2,76,271.76. The same is in rounded the claim made is Rs. 2,76,250/ by the complainant in all. Against which the purpose of the complainant regarding his package tour was cancelled and inturn it was also confirmed by the Opposite Party, the repayment of the same by way of refund is of an admitted fact as there was no any dispute between them. Accordingly on the same ground the Opposite Party also made refund of only a sum of Rs. 1,40,000/ to the complainant, as admitted by the complainant. The same is also revealed by the document as per Ex.C4, refund receipt available. And also it is clear from the same document to the above total paid Rs. 2,76,250/ less refund received Rs.1,40,000/ and balance amount of Rs. 1,36,250/. With the above material goes to show that there is a balance sum of Rs. 1,36,250/ still to be paid by the Opposite Party to the complainant in all. On that ground the above complaint which raised against Opposite Party, is for the reason of non-payment and causing deficiency of service together with harassment, untrade practice, loss and damage, and mental agony. Since it was not properly done by the Opposite Party, the complainant for the same reason made all efforts including issuance of legal notice as per Ex.C5. The same was duly served as Ex.C6. Inspite of it no response by the Opposite Party. Thereafter, the above complaint raised. In view of the above complaint by the time of its registration, this forum sent version notice through RPAD, the same was returned to the forum with an endorsement made by the postal authority it was refused by the Opposite Party. The same RPAD cover is also available in the record. Accordingly the Opposite Party was placed an exparte, by the forum as on 25.11.2016. Thereafter on the basis of both the oral and documentary evidence available it reveals that the complainant made a prim face case. Hence we come to a proper conclusion and the above points answered in the affirmative. By answering the Opposite Party is held responsible and liable to pay or refund the said total balance of Rs.1,36,250/ together with accrued interest at the rate of 10% p.a. on the said same from 12.04.2016, till realization. Further, the act of the Opposite Party is untenable and causing untrade practice even by utilizing the said sum of the complainant for his commercial business and with an intention to make profit and causing harassment to the complainant and in that regard the Opposite Party is also held liable to pay a sum of Rs.25,000/ towards compensation. And also another sum of Rs.5,000/ to pay to the complainant towards cost and litigation charges.
Point No.3: As per the order below.
ORDER
The complaint is allowed in part. The Opposite Party is directed to pay or refund for a sum of Rs. 1,36,250/ (Rupees One lakh thirty six thousand two hundred fifty only) with an accrued interest at the rate of 10% p.a from the date of 12.06.2014 till realization. Further the Opposite Party is also to pay for a sum of Rs. 25,000/(Rupees twenty Five thousand only) towards compensation. And another sum of Rs. 5,000/(Rupees five thousand only) towards cost and litigation expenses incurred by the complainant. Payment shall be made within 30 days from the date of receipt of copy of this order.
The copy of this order as per the statutory requirements be forwarded to the parties and therefore the file be consigned to record.
(Page No.1 to 7 directly dictated by President to computer system to the Stenographer typed by him, revised and pronounced in the open court on this the 17th day January 2017.)
MEMBER PRESIDENT
(SMT.LAVANYA M. RAI) (SMT. C.V. SHOBHA)
D.K. District Consumer Forum D.K. District Consumer Forum
Mangalore. Mangalore.
ANNEXURE
Witnesses examined on behalf of the Complainant:
CW1: Ravi.M.
Documents marked on behalf of the Complainant:
ExC1: 22.03.2016: Email Cash Receipt.
ExC2: 23.03.2016: Email Cash Receipt.
ExC3: 05.04.2016: Email Cash Receipt.
Ex.C4: 07.05.2016: Email utter from Opposite Party.
Ex.C5: 25.05.2016: O/c Lawyer’s notice.
Ex.C6: Postal Acknowledgement.
Ex.C7: Railway ticket cancelled.
Ex.C8: Air ticket cancelled.
Witnesses examined on behalf of the Opposite Party:
Nil
Documents Marked on behalf of the Opposite Party:
Nil
Dated: 17.01.2017. PRESIDENT
