PER MR.B.S.WASEKAR, HON’BLE PRESIDENT

1)                The complainant has filed this complaint under section 12 of the Consumer Protection Act, 1986.  According to the complainant, she booked package tour with the opponent and paid booking amount of Rs.84,230/-.  The tour was to start from 8^th December, 2012.  On 6^th December, 2012, she received phone call from the opponent informing that tour is cancelled.  The complainant requested for refund of amount.  In spite of several requests, there was no repayment however, a cheque dated 26^th February, 2013 was issued by the opponent in favour of the complainant for amount of Rs.86,757/-.  The cheque was deposited in the bank but it was dishonoured.  Again, another cheque was issued on 28^th March, 2013 of the amount of Rs.87,501/-.  It was also dishonoured.  The complainant also lodged police complaint.  As the complainant failed to refund the amount, she has filed this complaint for refund of amount with interest.  She also claimed compensation and cost. 

2)                Notice was sent to the opponents but it was returned with remark ‘Left’.  The complainant requested to permit public notice in newspaper.  The notification was published in the local newspaper namely ‘Afternoon’ on 2^nd August, 2014.  Though notice was served through paper publication in newspaper to the opponents, the opponents did not attend the Forum.  Hence, the opponents were proceeded exparte. 

3)                The complainant has produced the copy of payment receipt, copy of cheque issued by the opponent and correspondence.  From these documents, it is clear that the complainant paid the amount to the opponent.  The cheque issued by the opponent was bounced.  The opponent failed to conduct the tour and also to refund the amount therefore, there is deficiency in service on the part of the opponent.  The opponent received the amount from the complainant therefore the opponent is bound to refund the amount with interest.  In spite of several requests, the opponent failed to refund the amount thereby the complainant suffered mentally. Hence, the complainant is entitled for compensation of Rs.10,000/-.  Besides this, the complainant is entitled for cost of this proceeding of Rs.3,000/-.  Hence, we proceed to pass the following order.

ORDER

1. Complaint is allowed
2. The opponent is directed to refund Rs.84,230/- (Rs.Eighty Four Thousand Two Hundred & Thirty Only) to the complainant with interest at the rate of 9% per annum from the date of filing of the complaint i.e. 5^th May, 2014 till realization.
3. The opponent is also directed to pay Rs.10,000/- (Rs.Ten Thousand Only) to the complainant as compensation for mental agony.
4. The opponent is further directed to pay Rs.3,000/- (Rs.Three Thousand Only) to the complainant towards cost of this proceeding.
5. The above order shall be complied with within a period of one month from today.
6. Copies of this order be sent to the parties free of cost.

Pronounced on 31^st October, 2014