Tamil Nadu

North Chennai

CC/135/2016

K.Parthasarathy - Complainant(s)

Versus

S.Balaji Om Yathra (organiser) - Opp.Party(s)

M.S.Sudarsanam,c.Balaji

24 Nov 2016

ORDER

                                                            Complaint presented on:  16.08.2016

                                                                Order pronounced on:  24.11.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

THURSDAY THE 24^th DAY OF NOVEMBER 2016

 

C.C.NO.135/2016

 

 

K.Parthasarathy,

S/o.P.Krishnan,

Flat No.12 Dhropathy Amman Koil Street,

Ullagaram,

Chennai – 600 091.

 

 

                                                                                         ….. Complainant

 

..Vs..

•  

Om Yathra (Organiser)

No.266, P.H.Road,

•  

Chennai – 600 029.

 

.....Opposite Party

Date of complaint                                 : 09.09.2016

Counsel for Complainant                      : M/s.M.S.Sudarsanam, C.Balaji and

                                                                    G.Devarajan

 

Counsel for   opposite party                   : Ex- Parte

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Opposite Party is the organizer of Om Yathra having business and conducting Tour programme for the common people to the tourist spots and pilgrim centres. The Complainant booked for himself and for his wife and each paid a sum of Rs.50,000/- and totally a sum of Rs.1,00,000/-. The said amount was paid   on 11.10.2014 a sum of Rs.20,000/- and on 10.02.2015 a sum of Rs.80,000/-. The Opposite Party demanded a further a sum of Rs.18,000/- more for each person in addition to the amount already paid by them. In the mean time the Complainant wife become sick and hence he had cancelled tour programme by sending an e-mail dated 06.03.2015 to the Opposite Party and also asked for refund of the amount paid by them. After persistent demand made by the Complainant, the Opposite Party issued a cheque for a sum of Rs.1,00,000/- dated 04.12.2015 drawn at Axis Bank, Chennai -29 to the Complainant. The Complainant presented the said cheque in his account and the same was returned for the reason of ‘funds insufficient’. The Complainant again demanded to refund the amount after return of cheque. The Opposite Party deposited a sum of Rs.10,000/- to the Complainant account on 12.01.2016. The Opposite Party is liable to refund the balance amount of Rs.90,000/-. Since he has not refunded the balance amount, he issued a legal notice dated 24.07.2016 to refund the balance amount and a compensation of Rs.50,000/- to him. However the Opposite Party neither replied to the notice nor refunded the amount. Hence the Complainant filed this Complaint to refund the amount and also for compensation for mental agony with cost of the Complaint. 

          2. Though the Opposite Party received notice, he did not appear on 14.10.2016 and hence the Opposite Party was called absent and set Ex-parte.

          3. The Complainant had filed his proof affidavit and his documents Ex.A1 to Ex.A7 were marked on the side of the Complainant.

          4. The Complainant had also come forward with written argument and oral argument of the Complainant was heard.   

5. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

6. POINT NO :1

          The Opposite Party is an organizer of Om Yathra and conducting tour programme for the common people to the tourist spots and pilgrim centers. The Complainant booked for Kailash Yathra and for the said Yathra, he paid each Rs.50,000/- and totally a sum of Rs.1,00,000/-. On 11.10.2014 under Ex.A1 the Complainant paid a sum of Rs.10,000/- for each person  i.e  Rs.20,000/-  and also paid a sum of Rs.80,000/- for both of  them on 10.02.2015 and after paying the said amount the Complainant’s wife K.P.Vijayalakshmi fell ill and therefore he cancelled the tour programme by sending Ex.A2 mail dated 06.03.2015 to the Opposite Party and also requested to refund a sum of Rs.1,00,000/- to them.   Ex.A1containing the tour programme fixed in the month of June 2015. As per the conditions of the Opposite Party printed in Ex.A1, if anyone unable to perform the tour they have to inform 60 days in advance and the full amount paid by them will be refunded in 45 days. Accordingly the Complainant informed cancellation 60 days in advance prior to commencement of the tour program.

7. The Opposite Party also issued Ex.A4 cheque for a sum of Rs.1,00,000/- to the Complainant dated 12.01.2016 to refund the amount. However the said cheque was returned as ‘fund insufficient’ under Ex.A5. The fact of return of cheque informed to the Opposite Party and he deposited only a sum of Rs.10,000/- on 12.01.2016 to the Complainant account. Hence the Opposite Party is liable to refund the balance sum of Rs.90,000/- paid by him. The said amount was not refunded to the Complainant even after issuance of Ex.A6 notice and the same was acknowledged by the Opposite Party under Ex.A7. There is no contra evidence on behalf of the Opposite Party. Therefore we hold that the Opposite Party has committed Deficiency in Service by not refunding the amount of Rs.90,000/- to the Complainant which is due to him.

8. POINT NO :2

          As the Opposite Party committed Deficiency in Service in not refunding the amount to the Complainant due to him, the Complainant is entitled for a sum of Rs.90,000/- from the Opposite Party. The Complainant claimed an amount of Rs.50,000/- towards compensation for mental agony. The Complainant asked refund of the amount on 06.03.2015 by sending Ex.A2 mail to him. The Complaint filed in this Forum after more than one year of the issuance of Ex.A2 mail and Ex.A6 legal notice. Therefore the Complainant suffered with mental agony is accepted and for the same it would be appropriate to order the Opposite Party to pay a sum of Rs.10,000/- towards compensation for mental agony, besides a sum of Rs.5,000/- towards litigation  expenses.

In the result the Complaint is partly allowed. The Opposite Party is ordered to refund a sum of Rs.90,000/- (Rupees ninety thousand  only ) to the Complainant  and also to pay a sum of Rs. 10,000/- (Rupees ten thousand only) towards compensation for mental agony, besides a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses.

        The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 24^th   day of November 2016.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 11.10..2014                  The Pamphlets two numbers with the endorsement

                                                    of received Rs.10,000+40,000/- each may be

                                                    marked as Exhibit P1.

 

Ex.A2 dated 06.03.2015                   The cancellation E-mail by me, may be marked as

                                                    Exhibit P2.

 

Ex.A3 dated 21.07.2015                   The Requisition letter for repayment, may be

                                                    marked as Exhibit P3.

 

Ex.A4 dated 04.12.2015                   The copy of the cheque may be marked as Exhibit

                                                    P4.

 

Ex.A5 dated 08.12.2015                   Return memo may be marked as Exhibit P5.

 

Ex.A6 dated 24.07.2016                   Lawyer notice sent to the Opposite Party may be

                                                    marked as Exhibit P6.

Ex.A7 dated 04.08.2016                   The acknowledgement card may be marked as

                                                    Exhibit P7.

 

 

 

MEMBER – II                                                               PRESIDENT