BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT
SHRI. P. SUDHIR : PRESIDENT
SMT. SATHI. R : MEMBER
SMT. LIJU B. NAIR : MEMBER
C.C.No: 175/2017 Filed on 27/04/2017
Dated: 30..11..2017
Complainant:
M.T. Ashraf, Ramlath Manzil, Mavilakadappuram-P.O., Kasaragod, PIN: 671 312.
(Party in person)
Opposite parties:
1. Reghunath, Manager, Nazhe Tours & Travels Pvt. Ltd., Devaki Gopal Smruthi Building, Temple Road, Sasthamangalam, Thiruvananthapuram.
2. Latha Reghunath, Nashe Tours & Travels Pvt. Ltd., Devaki Gopal Smruthi Building, Temple Road, Sasthamangalam, Thiruvananthapuram.
This C.C having been heard on 20..10..2017, the Forum on 30..11..2017 delivered the following:
ORDER
SMT. LIJU B. NAIR, MEMBER:
Gist of the case is as follows: The complainant saw an advertisement given by opposite party regarding a Japan Tour in Malayala Manorama Daily and approached the opposite party for a trip to Japan on 15/06/2016. The opposite party ensured the complainant that full tour package includes Visa, boarding, lodging, food and incidental charges and further advised the complainant to handover his passport, photo and Rs. 2,00,000/- to the opposite party. Accordingly the complainant submitted his passport, photo and Rs. 2,00,000/- as cash on 31/05/2016 to the opposite party. But the opposite party issued receipt for Rs. 50,000/- dated 31/05/2016 and Rs. 1,37,000/- dated 07/06/2016. The complainant enquired about the variation regarding the dates, amount accepted and receipts issued, the opposite party stated that it is the rule for issuing receipt. The opposite party issued an air ticket also. But the tour had not happened due to failure in obtaining Visa. The complainant approached the opposite party for getting back the passport and money. Accordingly the opposite party issued a G-mail regarding Japan tour cancellation in which it is admitted that the complainant had given Rs. 2,00,000/- and further stated that a cheque will be issued for Rs. 1,03,700/-. The balance amount of Rs. 96,300/- is adjusted against service charges. The complainant was not informed with the rate of service charges and later the opposite party orally admitted to issue the balance amount after cutting minimum service charge. But no amount has been given till now. The passport was returned by the opposite party after a long time, and on verification it is seen that, the Visa rejection stamp is affixed on 16/6/2016 on the complainant’s passport. The journey date was 15/6/2016. A complaint was registered before SI of Police, Museum on 21/4/2017 and a receipt issued vide No.104/DPTN/B517. The complainant is a football player. The complainant has a best opportunity to visit foreign countries for attending friendly matches. Due to the lack of passport the complainant suffered a huge loss in his career. The act of the opposite party amounts to unfair trade practice and deficiency in service and due to the dereliction of duty of the opposite party, the complainant suffered much loss and mental agony. The opposite party is liable to compensate the lost sustained to the complainant. Hence this complaint.
2. Notice was accepted by the opposite parties, but they failed to appear and contest the case. So we proceeded exparte against them.
Issues:
(i) Whether the allegations against the opposite party is proved?
(ii) If so, reliefs and costs, if any?
3. Issues (i) & (ii): Complainant filed affidavit along with 7 documents which were marked as Exts. P1 to P7. Affidavit and documents filed by the complainant is not rebutted by the opposite party. Complainant produced all the documents to prove his case, which were also not challenged. On going through the documents and pleadings of the complainant, what ever allegations he raised against the opposite party is proved. So we are allowing the complaint. Complainant is entitled for refund of the service charge which the opposite party holds with them ie Rs. 96,300/-. They failed to do their part. Even the date of stamping the rejected visa is beyond the date of journey. Deficiency and unfair trade practise on the part of the opposite party is clear. Complainant is eligible to get interest at the rate of 9%, since the amount was with the opposite party.
In the result, complaint is allowed. Opposite parties are directed to refund Rs. 96,300/- within 2 months of receipt of this order with 9% interest from the date of filing this complaint ie 27/04/2017. After this period complainant is eligible to get 12% interest from the date of default till the date of realization.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 30th day of November, 2017.
Sd/-LIJU B. NAIR : MEMBER
Sd/-P. SUDHIR : PRESIDENT
Ad sd/-R. SATHI : MEMBER
C.C.No: 175/2017
APPENDIX
I. Complainant’s witness:
P1 : Copy of receipt dated 31/5/2016 issued by the opposite party
P2 : Copy of receipt dated 07/06/2016 issued by the opposite party
P3 : Copy of electronic ticket, Passenger itinerary / receipt
P4 : Copy of G-mail
P5 : Copy of passport of Ashraf
P6 : Copy of visa rejection stamping on the passport
P7 : Copy of receipt issued by Sub Inspector of Police, Museum Police Station, Thiruvananthapuram.
III. Opposite parties’ witness : N I L
IV. Opposite parties’ documents : N I L
Sd/- PRESIDENT
Ad.
