By Sri. MOHANDASAN.K, PRESIDENT
Case of the complainant is as follows:-
1. The opposite parties are engaged in tour and travel business and for that purpose they issued various advertisements attracted and believing them, complainant contacted the opposite party and enquired about the five days and night special tour program to Dubai for Rs.58, 000/-. The complainant and opposite party interacted through whatsApp chats about the program and relying the communications of the opposite party, the complainant and her daughter entrusted the expenses to the opposite party and thereby the opposite party issued receipt for the payment dated 27/12/2021. Initially an amount of Rs.70, 000/- was transferred to the account of the opposite party through one Mr. Fayas.K on 18/12/2021. The UPI transaction ID was 200351452424 and the same was transferred in to the account of second opposite party who maintaining account No.10140200017376. Subseqently an amount of Rs. 46,000/-, the balance amount also transferred through Google pay and the same was done by Mr. Fayas. K as per UPI transaction ID 200351452424 dated 03/01/2022.
2. The opposite parties had instructed the complainant to get ready for the travel on 18/01/2022 and thereby the complainant and her daughter prepared for the journey. The complainant regularly contacted with the opposite party till one week prior to 18/01/2022, the date fixed for the journey. The complainant spent nearly 50,000/- rupees for preparing the travelling arrangement. Later the opposite party on telephonic call informed the adjournment of journey from 18/01/2022 to 19/04/2022 and thereafter to 23/05/2022 and ultimately to 23/10/2022. But the opposite party did not operate the tour program as assured and thereafter the complainant requested to refund the amount received from the complainant. Even though the opposite party agreed to refund the same, partly paid an amount of Rs.10, 000/- on 01/03/2023 through Gpay. The opposite party had agreed to refund the balance within one month. So far not return the amount paid and no tour program organized. Hence the complainant alleges deficiency in service and unfair trade practice on the side of opposite parties. The prayer of the complainant is to direct refund of Rs.1,06,000/- with interest at rate of 8% from 03/01/2022 along with the expense met by the complainant to prepare for the tour purpose Rs.50,000/- and also compensation of Rs.50,000/-. The complainant also prayed 1, 00,000/- rupees on account of deficiency in service.
3. On admission of the complaint notice was issued to the opposite parties but despite service of notice both opposite parties did not turn up hence the opposite parties set exparte.
4. The complainant filed affidavit and documents. The documents marked as Ext. A1 to A5. Ext. A1 is photo copy of brochure issued by the opposite party Jina Jaimon with mobile number 9061525658, 8592968899. Ext. A2 (series) is printout of Gpay payment of Rs.35,000/- dated 18/12/2021 with UPI transaction ID 135233811227, printout of Gpay payment of Rs.35,000/- dated 18/12/2021 with UPI transaction ID 135233603163. Ext.A3 is photo copy of cash receipt issued by opposite party for Rs.70, 000/- dated 27/12/2021. Ext. A4 is photo copy of Gpay for Rs.46, 000/- dated 03/01/2022 with UPI transaction ID 200351452424. Ext. A5 is photo copy of Gpay transaction for Rs. 10,000/-dated 01/03/2023 with UP transaction ID 306075516447.
5. The opposite party being exparte there is no contra evidence against the affidavit and documents of complainant. Ext. A1 to A5 establish the payment of amount to the opposite party as contended in the complaint and also the refund of 10,000/- in favor of the complainant. There is no contra evidence against the case of complainant. It appears the complainant and her daughter attracted by the advertisement of the opposite party approached for Dubai trip for 5 days but the opposite party did not operate the tour program as assured and also not refund the amount received from the complainant towards the tour program. Hence the act of the opposite parties amounts unfair trade practice and deficiency in service.
6. The prayer of the complainant is to refund the amount paid to the opposite party with interest and compensation of rupees altogether Rs.2, 00,000/-. But the complainant did not produce document to show expenses met by the complainant as part of preparation of tour program. So considering the entire documents and averments in the affidavit it will be proper to order to refund the amount collected from the complainant along with interest and reasonable amount of compensation on account of deficiency in service and unfair trade practice and thereby caused inconvenience and hardship to the complainant. The Commission finds Rs.1, 00,000/- will be a reasonable amount as compensation on account of deficiency in service and unfair trade practice and thereby caused inconvenience hardship and mental agony to the complainant. The complainant is also entitled for cost of Rs.5, 000/-.
7. In the light of above facts and circumstances we allow this complaint as follows:-
1) The opposite parties are directed to refund Rs.1, 06,000/- (Rupees one
Lakh and six thousand only) with interest at the rate of 8% per annum from
03/01/2022 to till date of this order.
2) The opposite parties are directed to pay Rs.1, 00,000/- (Rupees one lakh only)
as compensation on account of deficiency in service and unfair trade practice
from the side of opposite parties and thereby caused inconvenience,
hardship and mental agony to the complainant .
3) The opposite parties are directed to pay Rs.5, 000/- (Rupees five thousand
only) as cost of the proceedings.
The opposite parties shall comply this order within one month from the date of receipt of copy of this order, failing which the complainant is entitled interest for the above said entire amount at the rate of 12% per annum from the date of order to till date of payment.
Dated this 29th day of February, 2024.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 to A5
Ext.A1: Photo copy of brochure issued by the opposite party Jina Jaimon with mobile
number 9061525658, 8592968899.
Ext.A2: Printout of Gpay payment of Rs.35, 000/- dated 18/12/2021 with UPI
transaction ID 135233811227, printout of Gpay payment of Rs.35, 000/- dated
18/12/2021 with UPI transaction ID 135233603163.
Ext A3: Photo copy of cash receipt issued by opposite party for Rs.70, 000/- dated
27/12/2021.
Ext A4: Photo copy of Gpay for Rs.46, 000/- dated 03/01/2022 with UPI transaction
ID 200351452424.
Ext A5: Photo copy of Gpay transaction for Rs. 10,000/-dated 01/03/2023 with UP
transaction ID 306075516447
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
