BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE
Dated this the 28th February 2014
PRESENT
SMT. ASHA SHETTY : HON’BLE PRESIDENT
SMT.LAVANYA M. RAI : MEMBER
SRI. ARUN KUMAR K. : MEMBER
COMPLAINT NO.205/2013
(Admitted on 27.7.2013)
1. Mr.Pariyarath Balakrishnan,
So. Late N.Narayanan Nair,
Aged about 71 years,
2. Mrs. Mankada Thodiyil Sumathi,
W/o Mr.Pariyarath Balakrishanan,
Aged about 61 years,
Both are residing at Sibiram,
Door No.25 21 1320 16,
Jeppu, majila, Kankanady Post,
Mangalore 575 002. …….. COMPLAINANTS
(Advocate for Complainants: Sri.S.K.Ullal)
VERSUS
1. Raj Travel World,
5A 5B, RNA Arcade,
Lokhandwala Market,
Andheri W,
Mumbai 400 053.
Represented by its
Authorised Signatory.
2. Raj Travel World,
No.50/1, 1st Floor,
8th Main, 7th Cross,
Vasanthnagar,
Bangalore-560 052.
Represented by its
Authorised Signatory. ……OPPOSITE PARTIES
(Opposite Parties : Exparte)
ORDER DELIVERED BY HON’BLE PRESIDENT
SMT. ASHA SHETTY:
I. 1. This 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 complainants stated that, Opposite Parties representing that they are reputed expert world tour arrangers and had induced the Complainants to undertake European countries like U.K. and France and assured the Complainants providing all travel related services including the expenses involved in obtaining Visa and Passport at a reasonable price. The Complainants submitted that on their assurance to the Complainants of providing best travel related service and arranging visa the Complainants had decided to travel to European countries under their package tour by name ‘European Holiday 2012’ and remitted a sum of Rs.5,34,900/- through RTGS as directed by the Opposite Parties.
It is stated that, after making the payment the Complainants were called to Opposite Party No.2 at their branch office to get Visa for UK and France and again collected a sum of Rs.25,100/- and submitted all the required documents to the Opposite Parties, so as to enable the Opposite Parties to submit immigration authority. It is stated that, it is the duty of the Opposite Parties to arrange the Visa, Passport and related documents due to the deficiency of the Opposite Parties. The Complainants could not undertake European tour and to visit European countries. It is stated that, the Opposite Parties without fulfilling the formalities collected the huge amount from the Complainant and non settlement of the above said amount till this date amounts to deficiency in service and hence the complainants filed the above complaint under Section 12 of the Consumer Protection Act 1986 (herein after referred to as ‘the Act’) seeking direction from this Forum to the Opposite Parties to pay a sum of Rs.5,59,900/- along with interest at 18% per annum from 9.7.2012 till realization along with compensation and cost of the proceedings.
II. 1. Version notice served to the Opposite Party No.1 and 2 by R.P.A.D. Opposite Party No.1 and 2 inspite of receiving version notice neither appeared nor contested the case before this FORA. Hence, we have proceeded exparte as against the Opposite Party No.1 and 2. The postal acknowledgement marked as Court Doc. No.1 and 2.
III. 1. In support of the complaint, Mr.Priyarath Balakrishnan (CW1) – Complainant No.1 filed affidavit reiterating what has been stated in the complaint and produced Ex. C1 to C7. On behalf of Opposite Parties not led evidence placed exparte.
In view of the above said facts, the points now that arise for our consideration in this case are as under:
- Whether the Complainants proved that the Opposite Parties have committed deficiency in service?
- If so, whether the Complainants are entitled for the reliefs claimed?
- What order?
We have considered the notes/oral arguments submitted by the learned counsels and also considered the materials that was placed before this Forum and answer the points are as follows:
Point No.(i): Affirmative.
Point No.(ii) & (iii): As per the final order.
REASONS
IV. 1. POINTS NO. (i) TO (iii):
In the instant case, the Complainants in order to substantiate their averments made in the complaint filed affidavit supported by documentary proof i.e. Ex.C1 to C7. The documents produced by the Complainants discloses that the Complainants in order to travel to European countries under package tour remitted a sum of Rs.5,34,000/- through RTGS to the account of the Opposite Party bearing Account No.03562790000230 at HDFC Bank, Charni Road, Mumbai, through Punjab National Bank, Balmatta Road, Mangalore on 9.7.2012 and further paid Rs.25,100/- to get the VISA for UK and France. The above said amount was collected by the Opposite Parties without obtaining the documents in advance or without following the formalities required to comply before conducting package tour. Since the Opposite Parties failed to provide service to the Complainants and because of on the lapse of the Opposite Parties the Complainants could not travel to European countries under package tour in spite of paying so much of amounts to the Opposite Parties. In other words the Opposite Parties have collected the above said consideration amount in advance without collecting other required documents. It is a settled position that, one must fulfill the formalities i.e. obtaining the required documents in advance to arrange the VISA and other documentary requirements in the concerned authority. But the Opposite Parties without looking into the those aspects collected the amount but failed to arrange the package tour to the Complainants till this date amounts to deficiency in service as well as unfair trade practice.
Apart from the above, we also noted that the Opposite Parties insptie of receiving version notice not appeared nor contested the case and the entire evidence placed on record not corroborated nor contradicted by the Opposite Parties. Hence it requires no further proof.
In view of the aforesaid reasons, we hold that, the Opposite Parties i.e. Raj Travel World, represented by its Authorized Signatory is liable to refund t he entire amount since they have failed to render the services. Therefore, the Opposite Parties are jointly and severally hereby directed to pay Rs.5,59,900/- (Rupees Five lakhs Fifty nine thousand nine hundred only) along with interest at 12 % per annum from the date of receipt of the payment till the date of payment to the complainant and also pay Rs.2,000/- (Rupees Two thousand only) as costs of the litigations expenses. Payment shall be made within 30 days from the date of this order.
In the present case, interest considered by this Forum itself is compensation and therefore, no separate amount for compensation is awarded.
In the result, we pass the following:
ORDER
The complaint is allowed. Opposite Parties i.e. Raj Travel World, represented by its Authorized Signatory are jointly and severally hereby directed to refund the entire amount Rs.5,59,900/- (Rupees Five lakhs Fifty nine thousand nine hundred only) along with interest at 12 % per annum from the date of receipt of the payment till the date of payment to the complainant and also pay Rs.2,000/- (Rupees Two thousand only) as costs of the litigations expenses. Payment shall be made within 30 days from the date of this order.
Copy of this order as per statutory requirements, be forward to the parties and file shall be consigned to record room.
(Page No.1 to 7 dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 28th day of February 2014)
PRESIDENT MEMBER MEMBER
ANNEXURE
Witnesses examined on behalf of the Complainants:
CW1 – Mr.Priyarath Balakrishnan (CW1) – Complainant No.1.
Documents produced on behalf of the Complainants:
Ex C1: Broacher of European Holidays.
Ex C2: Notice of Immigration decision.
Ex C3: 9.7.2012: Copy of RTGs.
Ex C4: 2.5.2013: Office copy of the legal notice with postal receipt.
Ex C5: Returned postal cover.
Ex C6: 5.6.2013: Notice issued to the Postal department.
Ex C7: 26.6.2013: Letter from the postal Department.
Witnesses examined on behalf of the Opposite Parties:
- NIL -
Documents produced on behalf of the Opposite Parties:
- NIL -
Dated:28-02-2014 PRESIDENT
