Order-13.
Date-27/12/2017.
Smt. Sangita Paul, Member.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this case states that he and his spouse Mrs. NibeditaMitra, came into contact with one Mr. SwapnadeepMahapatra of Spring Valley Holiday Club to undertake a trip to South Africa and Zambia`which was tentatively planned in the first week of June, 2016. Both Complainant and his wife were senior citizens aged about 70 and 61 years respectively. Complainant’s wife suffers from a disease known as “Spino urebeller Alaxia” which disables her to stand up or walk alone without help. This issue was discussed with employees of the OP viz. Mr. Mahapatra and Mr. Panda. Mr. Mahapatra visited the Complainant’s house to discuss this issue. The disease is known as SCA-3. This disease has possibility for treatment or cure. Complainant’s wife is partially wheel chair bound.
On 15.03.2016, Complainant gave a cheque dated `15.03.2016 for Rs. 3,00,000/- from Indian Overseas Bank in the name of Tara Shakti Hospitality Pvt. Ltd., as advance payment for the trip. Mr. Mahapatra with the assistance of their South African counterparts finalized the tour itinerary. Mr. Mahapatra assured Complainant that he would send the receipt for the advance payment in a couple of days. But the itinerary was not finalized. After repeated requests by Complainant Mr. Mahapatra arranged to send Complainant a scanned copy of a receipt dated 29.03.2016. For advance payment, an email was sent to Complainant. Complainant and his wife waited for communication from the OP. In spite of repeated efforts, OPs could not be tracked. If someone picked up the phone, they told that Mr. Mahapatra or Mr. Panda were unavailable. In the month of April, Complainant’s wife’s health deteriorated. He started reconsidering the travel decision. Then complainant informed the OP of his intention of not to make the trip and requested the OP to return the advance payment. An email was sent on 2.04.2016 to the OP. Complainant also sent an application through email dated 06.05.2016 to cancel the trip on account of his wife’s condition. In reply dated 20.05.2016 OP confirmed to return the full advance amount after 25/06/2016. Complainant waited, He did not receive the money. Mr. Panda assured Complainant that the said amount would be paid by 2nd August,2016. Complainant visited the OP’s office but Mr. Mahapatra and Mr. Panda were in the official tour to Bhutan and Ahmedabad. OPs wanted to adjust the amount of Rs. 3,00,000/- with any of the tour to Egypt or China. But Complainant expressed his inability due to his wife’s condition of health. Complainant made several attempts to get refund of the deposited money. Thereafter Complainant sent lawyer’s notice on 24.03.2017 demanding the return of the money. OP’s Lawyer on 06/04/2017 informed Complainant that his client would refund the amount of Rs.3,00,000/- in equal monthly installment of Rs.50,000/-. Complainant, through their Lawyer’s letter dated 14.04.2017 confirmed the OPs proposal and provided Bank details. Till date no money has been submitted in Complainant’s account.
Hence, Complainant prays for directing the OP to return the advance amount of Rs.3,00,000/- also prays for paying compensation of Rs.3 lakhs for mental and physical harassment, for directing the OP to pay litigation cost of Rs. 10,000/-.
In the Written Version OP denies and disputes each and every allegation made in the Complainant petition. OP denies and disputes that Mr. Mahapatra, the director o Tara Shakti Hospitality Pvt. Ltd. and Spring Valley Holiday Club has visited the Complainant’s residence to discuss about the tour to South Africa and Zambia. Physical ailment of Complainant’s wife has never been disclosed to neither Mr. Panda nor Mr. Mahapatra. OP denies that OP has stopped answering telephonic calls. It is true that OP is not available in his office due to other tours. In that case, other staff reported this matter to Complainant. Complainant is an old client of the OP and in earlier days, he and his wife visited Sri Lanka with OP and after being utterly satisfied with service provided by the Company, Complainant booked for tour to South Africa and Zambia. It seemed strange to the OP that Complainant started reconsidering the travel decision with respect to the health of his wife. As soon as they heard of cancellation of tour to South and Zambia by Complainant, OP decided to refund the amount without deducting 20 percent from the total trip and agreed to give within six installments.
Business of the OP was not going well and as such he failed to repay back the amount in instalments. OP wants to increase the number of installments for refunding the amount. OP is not in a position to pay compensation and litigation, OP agrees to refund the tour amount.
Notice was sent to the OPs and OP files w.v. on 25.08.2017. On 18.09.2017 OPs pray for time for filing questionnaire. On consecutive days, i.e. on 13.10.2017 and 01.11.2017 OP did not file questionnaire. On 16.11.2017 OP did not file Evidence-in-chief. On 04.12.2017 OP remained absent. No E. Chief was filed. On 12.12.2017 OP remained absent on the date of hearing. Argument was heard on merit, Complainant’s Chief remained unchallenged.
Decision with Reasons
On proper consideration of complaint petition, written version, Evidence-in-chief by complainant including other documents and photocopies of emails,it is evident that Complainant and his wife wanted to undertake a tour to South Africa and Zambia. In this connection, Complainant paid Rs.3,00,000/- to M/s. Spring Valley. They issued a money receipt against the payment. Complainant’s wife was suffering from “Spino Cerebeller Alaxia”. She cannot move freely. She requires human assistance for walking and standing. The tour was scheduled for first week of June,2016. Gradually, Complainant’s wife’s health deteriorates and she became wheel chair based. In this situation, it was not possible for them to undertake the tour. On 22.04.2016, Complainant expressed his inability to join the tour. Complainant wanted refund of Rs.3,00,000/-, because it was completely unprecedented. On August 4,2016 Complainant wrote to Mr. Swapandeep Mahapatra and Mr. Panda to refund the amount of Rs.3,00,000/- which was paid in advance. On August 8,2016 Mr. Panda wrote in a mail that they would discuss with their management about refund of Rs.3,00,000/-. Complainant wrote to Spring Valley on August 4, 2016, Mr. Panda wrote back to Complainant on 08th August, 2016. Although, it was a serious issue, the spokes person of Spring Valley Holiday Club did not get time within 4 days (From 4th August, 2016 to 8th August, 2016) to discuss the matter of refunding Rs.3,00,000/- to Complainant. Further they were reluctant to discuss the mat ter. They did not want to refund the money, so they wanted to adjust the amount with other tours. But Complainant’s wife was not well, it was not possible for Complainant and his wife to undertake the tour. In the letter of 8th August,2016 they mentioned under the head ‘Terms and Conditions’ that “In case of request for cancellation of booking is received 21 or more days before the date of arrival, 20 percent of the total amount will be collected as cancellation charges” . The OP should have informed it earlier i.e. at the time of taking the booking charge. Complainant was not aware of the ‘Terms and Conditions’ so no question of deduction of charges arises. Till date the OP could not arrange for refund of Rs.3,00,000/-.On 24.03.2016. Complainant’s Lawyer sent a letter requesting for refund of money. OP told that the refund will be made after 25.06.2016, then the date was deferred up to 2nd August,2016, but Complainant is yet to get back the amount of Rs.3,00,000/-. They did not give the money in six equal instalments. OP fails to deliver service to Complainant. Their activity falls within unfair trade practice. The admitted position is that Complainant paid Rs.3,00,000/- on 14.04.2017 Complainant’s Lawyer informed that OP wanted to refund the amount in six instalments and Complainant agreed to get in six instalments. Eight month has passed but Complainant has not got a single farthing. OP adopts unfair trade practice by not keeping his words.
In result, the case succeeds.
Hence,
Ordered
That the complaint be and the same is allowed on contest with a cost of Rs.10,000/-.
OP is directed to refund Rs.3,00,000/- in six equal instalments starting from January,2018.
OP is also directed to pay Rs.10,000/- as compensation for mental pain, agony and harassment.
OPs are directed to pay the compensation and cost within thirty days from the date of this order, failing which, the Complainant will be at liberty to ,put the order into execution as mentioned in the Section 27 of the C.P.Act, 1986.
