Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
15th day of December 2022
CC 438/21 filed on 15/11/21
Complainant: 1. Dominic Jees.K.G, Kannath House,
P.O.Kandassamkadavu, Thrissur-680 613.
2. Aneeshya Jees, W/o Dominic Jees, Kannath House,
P.O. Kandassamkadavu, Thrissur- 680 613.
3. Geo Jees.K, Minor, Rep.by Father
Dominic Jees.K.G, Kannath House,
P.O.Kandassamkadavu, Thrissur-680 613.
4. Anrose K, Minor, Rep by Father
Dominic Jees.K.G, Kannath House,
P.O.Kandassamkadavu, Thrissur-680 613.
(By Adv.A.D.Benny, Thrissur)
Opposite Party: Proprietor, Excellent Indian Holidays,
Domestic and International Tour Operator,
Harwin Plaza, Dr.A.R.Menon Road (Opp.TCV),
Naikkanal, Thrissur- 680 001.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
1) Complainants booked four tickets with the opposite party in their Delhi-Agra-Jaipur tour package for Rs.48,000/- to be conducted towards the end of April 2020 vide receipt No.806 dated 04/03/2020.Due to Covid pandemic, the trip was abandoned and repeated demand were made to get the money back. All the demand turned futile and same amounts to deficiency in service causing loss and mental agony to the complainants. So a lawyer notice dated 30/09/21 was sent to them and same returned unclaimed. Hence this complaint.
2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.
3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced three documents which are marked as Ext.A1 to A3.Ext. A1 is cash receipt vide receipt No.806 dated 04/03/2020 amounted
Rs.48000/-;Ext.A2 is the copy of lawyer notice dated 30/09/2021 with postal receipt and Ext.A3 is the returned lawyer notice.
4) We have gone through pleadings and documents produced by the complainant. Ext.A1 to A3 establishes the case of the complainant. Since there is no contra evidence available before us. We are inclined to allow this complaint.
In the result complaint allowed and hereby direct the opposite party to pay Rs.48,000/- (Rupees Forty eight thousand only) with interest 12% from 04/03/20 till realization. The opposite party is further directed to pay compensation of Rs.5,000/- (Rupees Five thousand only) and cost Rs.2,500/- (Rupees Two thousand five hundred only) within one month from the date of receipt of copy of this order failing in which the cost and compensation carry 8% interest from the date of order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 15th day of December 2022.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 cash receipt vide receipt No.806 dated 04/03/2020 amounted
Rs.48000/-.
Ext. A2 the copy of lawyer notice dated 30/09/2021 with postal receipt.
Ext. A3 the returned lawyer notice
Id/-
Member
