ORDER                                       

Rekha Rani, President

1.  The complainant has  filed  the instant complaint  alleging therein that on 22.05.2016 he booked a tempo traveler vehicle from M/s Royal Holidays Tours (in short the OP ) for going to Manali pick up time 29.05.2016 at 12.00 AM and return on 03.06.2016 . Rs 5,000/- was paid in advance vide cash memo no. 806 dated 22.05.2016. On 28.05.2016  complainant telephonically called OP for sending Tempo Traveler at the agreed place and time and was shocked when OP expressed its inability to do so which caused agony to the complainant. Complainant and his family were all prepared, mentally and physically with luggage packed  for the journey but OPs negative response  shocked and pained the complainant and his family. On 28.05.2016 from 7.00 PM to 11: 00 PM  complainant desperately tried to negotiate  with OP for sending the Temo Traveler at agreed time and place but OP did not send the vehicle and gave lame excuses. Hence the complaint seeking direction to the  OP to refund the money paid by the complainant with Rs. 20,000/- as compensation towards mental agony and Rs. 1000/- towards cost of litigation.
2. On receipt of notice the MD of OP appeared on 25.10.2016.  copy of complaint was supplied to him and the case was listed on 22.11.2016 for written statement. Written statement was not filed even on 22.11.2016 and none appeared for the OP  even on the next date i.e. 18.01.2017 when it was proceeded ex-parte.

  We have heard the complainant.

3. Complainant has placed on record a bill bearing no. 806 dated 22.05.2016 purported to have been  issued  by OP for an amount of Rs 5000/- for having booked 16 Seater Tempo Traveler  for visiting Manali for date 29.05.2016 and for return journey from Manali to Delhi for 3.6.2016. Complainant has also placed on record emails addressed by him to OP which indicate   that he called OP repeatedly to provide the vehicle for visiting Manali.  It is stated that OP failed to provide the vehicle for visiting Manali at the agreed time and place despite having received  booking amount of Rs. 5,000/- vide cash memo dated 806 dated 22.05.2016.
4. Since claim of the complainant has remained unrebutted and further in view of the fact that MD of the OP appeared on 25.10.2016 but chose not to rebut the claim by filing reply. OP is directed to refund an amount of Rs. 5,000/- and further pay an amount of  Rs. 4000/- for causing mental pain and harassment and Rs. 1,000/- as cost of litigation to the complainant  within 30 days of  the receipt of certified copy of this order failing which the same shall carry interest @ 12% p.a. from the date of  passing this order till realization.
5. Copy of this order be sent to the parties as per rules. File be consigned to record room.

           Announced this   3^rd  Day  of January  2017.