Date of filing:12.9.2014.
Date of disposal:27.1.2015.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM - II:
VIJAYAWADA, KRISHNA DISTRICT
Present: SMT N. TRIPURA SUNDARI, B. COM., B. L., PRESIDENT (FAC)
SRI S.SREERAM, B.COM., B.A., B.L., MEMBER
TUESDAY, THE 27th DAY OF JANUARY, 2015.
C.C.No.198 of 2014
Between:
Muttamsetty Lakshmana Siva Prasad, S/o Venkateswara Rao (Late) Hindu, 61 years, R/o Flat No.103, Vemula Residency, 1st Floor, Suryaraopet, Vijayawada – 520 002
.… Complainant.
AND
1. M/s Shakthi Tours and Travels, Head Office, Rep., by its Authorized Person Smt Charanya, No.47, Desabandu Plaza, Whites Road, Royapettah, Chennai – 600 014, Tamilnadu State.
2. M/s Shakthi Tours and Travels, Branch Office, Rep., by its Branch Manager, Upstairs Cell World, Opp. Gate Way , hotel M.G.Road, Vijayawada – 520 010. .… Opposite Parties.
This complaint coming on before the Forum for final hearing on 20.1.2015, in the presence of Sri M.Adinarayana Rao, Advocate for complainant and opposite parties initially appearing in persons later failed to appear and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble President (FAC) Smt N. Tripura Sundari)
This complaint is filed under Section 12 of the Consumer Protection Act, 1986.
The averments of the complaint are in brief:
1. The complainant paid Rs.1,00,000/- on 10.3.2014 and Rs.1,00,000/- on 11.3.2014 to the opposite parties for the purpose of Australia tour along with other Rotarian members. The complainant also paid Rs.29,000/- through bank for the same purpose. The Visa of the complainant was rejected twice by the Australian Embassy. Thereby the tour of the complainant was cancelled. But the opposite party failed to refund the amount paid by the complainant. Hence the complaint is filed for refund of Rs.2,29,000/- with interest at the rate of 24% per annum from 3.6.2014 till realization to pay compensation of Rs.5,00,000/- and to pay costs.
2. After registering the complaint notices were served to the opposite parties 1 and 2. The opposite parties 1 and 2 present in the Forum on 21.10.2014 and filed a memo that they would pay half of the amount now and the settlement talks are going on and they requested time and the Forum adjourned the matter to 10.11.2014, but no settlement were reported. Several adjournments were given, but the opposite parties are not present or filed any version or affidavit and any documents.
3. The complainant gave his affidavit and got marked Ex.A.1 to Ex.A.6.
4. Heard the complainant.
5. Now the points that arise for consideration in this complaint are:
1. Whether there is any deficiency in service on the part of the opposite parties
towards the complainant in not refunding the amount paid by him?
2. If so is the complainant entitled for any relief?
3. To what relief the complainant is entitled?
POINTS 1 AND 2:-
6. On perusing the material on hand Ex.A.1 is Dr.Pattabhi & Team to Sydney Convention programme schedule. The complainant is also one of the members in the said tour to go Sydney. Therefore he booked the Air Tickets with the opposite parties and paid a sum of Rs.1,00,000/- on 10.3.2014 to the opposite parties under Ex.A.2 and Rs.1,00,000/- on 10.3.2014 under Ex.A.3 under valid receipts 5013 and 5014. After that One Pattabhi Ramaiah Kamineni one of the members of the team sent E-mail to opposite parties under Ex.A.6 dated 14.5.2014 stating that they have estimated Rs.33,00,000/- so far towards their Sydney Rotary Convention Tour on behalf of 18 people. The Visa of the complainant was rejected by the Australian Embassy under Ex.A.5 dated 30.5.2014 and the same was informed to the opposite parties by the complainant through online on 3.6.2014 under Ex.A.4. The complainant says that he also paid Rs.29,000/- through bank. But there is no proof to say that he paid Rs.29,000/-. The complainant sends E-mail dated 3.6.2014 to the opposite parties to refund the amount after eligible deductions as his Visa was rejected. The opposite parties failed to refund the said amount on receiving the E-mail from the complainant. It is the duty of the opposite parties to refund the amount paid by the complainant. But they did not do so. Hence there is deficiency in service on the part of the opposite parties and the opposite parties are liable to refund the amount to the complainant which he paid with interest. Accordingly these points are answered.
POINT No.3:-
8. In the result, the complaint is allowed in part and the opposite parties are directed to refund the amount of Rs.2,00,000/- paid by the complainant with interest at the rate of 9% per annum from the date of receiving i.e., 10.3.2014 till realization and to pay Rs.2,000/- as costs to the complainant. Time for compliance one month. Rest of the claims of the complainant are dismissed.
Dictated to the Stenographer K.Sivaram Prasad, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 27TH day of January, 2015.
PRESIDENT(FAC) MEMBER
Appendix of evidence
Witnesses examined
For the complainant: For the opposite parties:
P.W.1 M.Lakshmana Siva Prasad None.
Complainant,
(by affidavit)
Documents marked
On behalf of the complainant:
Ex.A.1 . . Tour programme of Dr.Pattabhi & Team to Sydney Convention.
Ex.A.2 10.03.2014 Photocopy of receipt issued by the 1st opposite party for Rs.1,00,000/-.
Ex.A.3 10.03.2014 Photocopy of receipt issued by the 1st opposite party for Rs.1,00,000/-.
Ex.A.4 03.06.2014 E-mail letter from the complainant.
Ex.A.5 30.05.2014 Letter from the Australian Government, Department of Immigration and Boarder Protection to the complainant.
Ex.A.6 . . Photocopies of bunch of documents.
On behalf of the opposite parties:
Nil.
PRESIDENT(FAC)
