Advocate Sanjay Gaikwad for the complainant
Opponents exparte
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Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date- 2nd April, 2014
This complaint is filed by consumer against the Travelling Company for deficiency in service u/s 12 of the Consumer Protection Act, 1986. Brief facts are as follows-
[1] Complainant is resident of Hadapsar, Pune. Opponent Nos. 1 to 5 are doing travelling business Pune and Mumbai. Complainant is an Orthopaedic Surgeon practicing at Pune. He himself and his family wanted to go for a trip for Kerala and Kanyakumari. Hence, he searched website of the Opponents and approached to Pune Branch office of the Opponents. Opponent is a registered public limited company dealing in the business of providing Tourism services. Opponent No.3 is a Chairman as well as Managing Director and rest of the Opponents are officers of Sachin Travels Ltd. at various places. It is the case of the complainant that, he had booked tour of Kerala and Kanyakumari for three persons for 10 days starting from 14/5/2013 to 23/5/2013. On 3/1/2013 he has deposited Rs.30,000/- by cheque with the Opponents. On 14/2/2013 one Savita Sawant of Sachin Travels Ltd. informed the complainant that due to the management decision, they are unable to conduct the trip and they have promised to refund Rs.30,000/-. Opponents have issued cheuqe of Rs.30,000/- dated 28/2/2013. On presentation, the said cheque was dishonoured for want of ‘sufficient funds’. Again it was presented on 7/3/2013, but the same was returned. The Opponents have thus failed to refund the advance which was taken for Kerala and Kanyakumari trip caused deficiency in service. Complainant demanded the said amount by sending letters, e-mails, notice but could not get any positive response. Hence, he has filed present complaint for refund of Rs.30,000/- together with interest, Rs.50,000/- towards compensation for mental harassment and torture as well as Rs.20,000/- towards cost of the litigation
[2] Opponents though duly served remained absent. Hence, complaint is proceeded exparte against the Opponents.
[3] Complainant was allowed to adduce his evidence by filing affidavit. He has filed affidavit in support of his complaint. He has also filed 10 documents alongwith list including receipt issued by the Opponents. Letters and reply of the notice sent by the Opponents as well as dishonoured cheque which was issued by the Opponents. The evidence which has been adduced by the complainant in the form of affidavit and documents remained unchallenged and it was not rebutted by the Opponents. In this circumstances, this Forum is of the opinion that, the Opponents have caused deficiency in service by not refunding the advance which was taken by them for the purpose of traveling services. Complainant is entitled for refund of money i.e. Rs.30,000/- as well as compensation of Rs.5,000/- for mental and physical sufferings and Rs.2,000/- as cost of litigation. Hence, we pass the following order-
:- ORDER :-
1. Complaint is partly allowed.
2. It is hereby declared that the Opponents have caused deficiency in service by not refunding amount of Rs.30,000/- to the complainant.
3. Opponent Nos. 1 to 5 are jointly and severally directed to refund amount of Rs.30,000/- [Rupees Thrity Thousand only] to the complainant within six weeks from the date of receipt of copy of order.
4. Opponent Nos. 1 to 5 are jointly and severally directed to pay Rs.7,000/- [Rupees Seven Thousand only] to the complainant as compensation for physical and mental sufferings and cost of the litigation within six weeks from the date of receipt of copy of order.
5. If the amount is not paid or deposited within the stipulated period, it shall carry interest @ 9% p.a. from the date of filing of complaint till its realization.
6. Complainant is directed to collect the copies of set which are provided for the Hon’ble Member within one month from the date of order. Else those will be destroyed.
Copy of order be supplied to both the parties free of cost.
Place – Pune
Date – 02/04/2014
