Hon’ble Mrs. Rumpa Mandal, Member.
This case arises out of a complaint U/S 35 of the consumer Protection Act, 2019.
The case of Complainants in a nutshell is that Complainants noticed an advertisement in Anandabazar Patrika of the SOTC, a tour & travel company, Kolkata in the month of April, 2019. The Complainant and his friend came in contact with the O.P and O.P assured that he was a B2B agent of tour and travel company viz. SOTC. On contact the O.P declared himself to be a B2B agent of the company and also said that he would arrange an eight days and seven nights tour to Paris and Switzerland in October, 2019. Being interested the Complainants deposited Rs.1,60, 000/- in two phases of Rs.80,000/- each in Allahabad Bank account of OP vide A/C No.50387653139 in Kolkata and on 05.07.2019 the Complainants also deposited of Rs.80,000/- through Allahabad Bank, Cooch Behar branch. Thereafter the O.P collected their (Complainant and his friend) Passports, duly signed Visa application forms and other relevant papers and as such they were in high spirits for European tours and began preparations for the same. But suddenly on 16.09.2019 the O.P sent him a Whats App message that the O.P would leave the company and O.P would return back the Passport to the Complainants. The O.P also wrote that the O.P had also sent a cancellation mail to the company. But neither of the Complainant and his friend canceled the tour package. The O.P assured that the company would refund their money after charging cancellation fees. Subsequently, the father of the O.P, Sri Debasish Bagchi convinced the Complainants that O.P would refund the entire amount soon. Thereafter on 30.10.2019 Smt. Bithika Bagchi grandmother of Dibakar Bagchi (O.P) sent Rs.45,000/- to the account of Complainant of SBI branch vide A/C No.11324033200 through NEFT and there after the O.P did not refund any single coin. But the Complainants and the O.P had some telephonic conversation regarding the balance of Rs.1,15,000/- but O.P did not refund the balance amount. Subsequently, the Complainants sent lawyer’s notice through registered post to the O.P on 07.12.2020 and 05.02.2021 and accordingly, O.P received the same. But till today O.P did not reply to the same. Subsequently, the Complainant No.1 filed a written complaint before the IC, Kotwali PS against the O.P on 28.01.2021 & 06.02.2021.
The Complainants did not receive any positive response from the OP and finally the Complainant and his friend were compelled to file this case praying for reliefs. The O.P did not appear before this Commission and did not contest this case by filing Written Version, Evidence on Affidavit and Written Argument. The O.P was absent before this Commission for long time. So this instant case was hard ex-parte against the O.P.
POINTS FOR CONSIDERATION
- Is the instant case maintainable?
- Are the Complainants entitled to get any relief(s)?
- To what other relief(s), if any Complainants are entitled?
DECISION WITH REASONS
All the points are taken up together for consideration.
After going through the case record and the material there on, it is established that the case is legally maintainable the O.P did not file any Written Argument and did not appear before this Commission for the argument. The O.P did not raise any dispute regarding the tour package. As the Complainant and his friend deposited Rs.1,60,000/- only in two phases of Rs.80,000/- each in the account of O.P on 03.05.2019 and 05.07.2019 through Allahabad Bank, Cooch Behar branch. So, the Complainant legitimately can claim the entire amount from the O.P. But the O.P only refunded the amount of Rs.45,000/- from the grandmother of the O.P vide A/C. No.11324033200 in SBI, Cooch Behar branch through NEFT and thereafter the O.P did not refund any single coin. The rest of the amount of Rs.1,15,000/- the Complainant and his friend is entitled to get back from the O.P. But all are in vain.
The Complainants in order to substantiate the case adduced documentary evidence like his Affidavit in chief. The entire evidence of the Complainants stands unchallenged and undiscarded in as much as the case is heard ex-parte. Thus, it is found that the case of the Complainants stands proved ex-parte.
Accordingly, the Complainants are entitled to get relief/reliefs as prayed for. All the issues are accordingly decided in favour of the Complainants.
Hence, it is
Ordered
That the instant case be and the same is allowed ex-parte.
The O.P is hereby directed to pay to the Complainant a sum of Rs.1,15,000/- with interest @ 6% from the date of filing the case till the date of final payment of the decreetal awarded amount.
The Complainants are also entitled to get Rs.1,00,000/- for mental pain & agony and Rs.20,000/- for litigation cost.
The O.P is directed to pay the decreetal awarded amount within 30 days from the date of passing the ex-parte order, failing which the entire awarded sum will carry interest @ 6% P.A till the date of payment of actual amount.
Let plain copy of this order be supplied to the parties concerned by hand/by post forthwith, free of cost for information and necessary action, if any.
The copy of the Final Order is also available in the official Website www.confonet.nic.in.
Dictated and corrected by me.
