By Smt. Beena. M, Member:
This is a complaint preferred under Section 35 of the Consumer Protection Act 2019.
2. Brief facts of the case are as follows:- The Opposite Party is a person who operates packages that take tourists to foreign countries. After noticing the advertisement given by the Opposite Party in online and offline media, the Complainant contacted the Opposite Party by phone to go to Israel in the first week of January 2023 and then as suggested by the Opposite Party, Rs.25,000/- on 07.01.2023, Rs.25,000/- on 11.01.2023 and Rs.50,000/- on 30.01.2023 were transferred from the Complainant’s account to the Opposite Party’s bank account. As per condition, the Opposite Party should arrange flight ticket, visa, accommodation etc. to the Complainant to go to Israel. It was also assured that all the facilities would be done under the responsibility of the Opposite Party and they told that the date of departure was 21.02.2023 and accordingly the Complainant had applied for leave from the company where he was working and made all other arrangements. Then the Opposite Party informed the Complainant that the visa was ready and accordingly the flight ticket was taken by the Opposite Party. But later the Opposite Party informed to the Complainant that the journey was cancelled. The Opposite Party has told the Complainant that the trip was cancelled due to not getting the visa. Due to the cancellation of the trip, the Complainant has faced a lot of hardships, but as there was no other option, when the Complainant asked to refund the money paid, the Opposite Party was unwilling to do so. The act of the Opposite Party who cancelled the journey for reasons not attributable to the Complainant after receiving the money from the Complainant is deficiency in service. Hence, this complaint.
3. Notice to Opposite Party returned with the endorsement ‘’door locked’’. Therefore, paper publication ordered, despite paper publication, the Opposite Party remained absent. After allowing sufficient time also Opposite Party not turned up hence Opposite Parte set ex parte.
4. The Complainant had adduced oral evidence. He was examined as PW1 and the document produced were marked as Ext A1. The Complainant has made payments through bank, receipts marked as Ext. A1 dated 07 January 2023, 11 January 2023 and 30 January 2023 which shows the consideration that has been paid by the Complainant to the Opposite Party. The allegations of the Complainant and document produced by him remained unchallenged. In the lack of contra evidence we are constrained to rely on the proof affidavit and document filed by the Complainant. Therefore, there is no reason to disbelieve the unchallenged allegations and evidence of the Complainant. In our view, act of Opposite Party in not providing proper visa, after collecting the amount, as agreed, amounts to deficiency in service. Hence the complainant is entitled for refund of his money paid by him to the Opposite Party.
In the result, complaint is partly allowed, and the Opposite Party is hereby directed to refund the Complainant an amount of Rs.1,00,000/- (Rupees One Lakh only) with an interest at the rate of 9% from the date of complaint to the Complainant. The Opposite Party further directed to pay Rs.25,000/- (Rupees Twenty Five Thousand only) as compensation and Rs.5,000/- (Rupees Five Thousand only) as cost of the proceedings.
The above said amount shall be paid within one month from the date of receipt of this order. Failing which Complainant is entitled to get 8% interest for the above said amount from the date of order till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by
me and pronounced in the Open Commission on this the 19th day of June 2024. Date of filing:24.03.2023.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:
PW1. Jomy K.M. Complainant.
Witness for the Opposite Party:
Nil.
Exhibits for the Complainant:
A1. Payment details.
Exhibits for the Opposite Party:
Nil.
PRESIDENT: Sd/-
MEMBER : Sd/- MEMBER : Sd/-
