Tamil Nadu

South Chennai

CC/125/2018

Mr. K Ramasamy & Another - Complainant(s)

Versus

Sri Murugan Travel Agency Rep by Branch Manager - Opp.Party(s)

D Sudhakar

22 Jul 2019

ORDER

                                                                        Date of Filing  : 21.02.2018

                                                                          Date of Order : 22.07.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.125/2018

DATED THIS MONDAY THE 22^ND DAY OF JULY 2019

                                 

1. Mr. K. Ramaswamy,

S/o. Mr. Krishnan,

 

2. Mrs. Meena Ramaswamy,

W/o. Mr. K. Ramaswamy,

 

Both residing at:-

Flat No.F1, “C” Block,

“Newel Star Apartments”, Door No.25,

Perumal Koil Street,

Mettupalayam,

West Mambalam,

Chennai – 600 033.                                                       .. Complainants.                                  

 

                                                                                       ..Versus..

 

The Branch Manager,

Sri Murugan Travel Agency,

No.1, Perumal Kovil Street,

Mettupalayam,

West Mambalam,

Chennai – 600 033.                                                    ..  Opposite party.

          

Counsel for the complainants  :  M/s. D. Sudhakar & others

Opposite party                          :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainants against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to pay a sum of Rs.30,000/- being the balance advance amount to the complainants, to pay interest at the rate of 18% p.a. on Rs.60,000/- from 06.08.2017 to till its realization and to pay a sum of Rs.1,00,000/- towards compensation for deficiency in service, unfair trade practice, loss of reputation, physical strain, willful default and mental agony with cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainants submit that they approached the opposite party to arrange European Tour for United Kingdom and paid a sum of Rs.60,000/- as an advance on 06.08.2017.   The complainants state that the opposite party had arranged for United Kingdom Tour Visa only on 23.08.2017 and failed to take steps to obtain the European visa.  The complainants submit that they contacted the opposite party repeatedly to know the real position of arrangement of European Tour Visa from the competent authorities.  But the opposite party has not given proper response and finally informed them that the opposite party failed to gather the group of persons for the said European tour.  The complainants submit that the unilateral cancellation of European Tour caused great hardship and mental agony. The opposite parties refunded a sum of Rs.30,000/- only on 31.10.2017 and failed to refund the balance amount of Rs.30,000/-.   The opposite party also liable to pay a sum of Rs.1,00,000/- towards deficiency in service, lethargic and callous attitude, unprofessional & unethical activities towards them.  The opposite party wantonly cancelled the tour programmes and deducting the advance amount received from the customers intentionally & illegally in order to cheat the innocent customers without arranging the tour programme which they had wanted.   The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.     In spite of receipt of notice, the opposite party has not been appeared before this Forum and hence, the opposite party was set exparte.

3.     Though the opposite party remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainants as their evidence, and also documents Ex.A1 to Ex.A8 are marked.

5.      The points for consideration is:-

1. Whether the complainants are entitled to get refund of the balance amount of Rs.30,000/- with interest at the rate of 18% p.a. as prayed for?
2. Whether the complainants are entitled to a sum of Rs.1,00,000/- towards compensation for deficiency in service, unfair trade practice and mental agony with cost as prayed for?

6.      On point:-

The opposite party after receipt of notice has not appeared before this Forum and remained exparte. The complainants filed proof affidavit and written arguments.  Perused the records namely; the complaint, proof affidavit and documents.  The complainants pleaded and contended that they approached the opposite party to arrange European Tour for United Kingdom and paid a sum of Rs.60,000/- as an advance on 06.08.2017.   Ex.A1 is the copy of receipt for a sum of Rs.60,000/-.  The complainants further state that the opposite party had taken steps for United Kingdom Tour Visa only on 23.08.2017  and failed to take any steps to obtain the European visa.  But on a careful perusal of Ex.A4 & Ex.A5, on 23.08.2017, United Kingdom Visa appointment was confirmed to the complainants 1 & 2.  Further the contention of the complainants is that they contacted the opposite party repeatedly to know the real position of the arrangement of European Tour Visa from the competent authorities.  But the opposite party has not given proper response and finally informed them that the opposite party failed to gather the group of persons for the said European tour.  But the complainants has not produced any document to prove the said allegation. On the other hand, the complainants miserably failed to attend the visa confirmation appointment. 

7.     Further the contention of the complainants is that the unilateral cancellation of European Tour caused great hardship and mental agony.  The opposite parties refunded a sum of Rs.30,000/- only on 31.10.2017 as per Ex.A8 and failed to refund the balance amount of Rs.30,000/-.  But on a careful perusal of records, the complainant miserably failed to produce the itinerary terms and conditions.  The complainant also has not pleaded and proved for what reason the opposite party failed to return the amount.    The complainant also has not produced any document to prove the non-refund of a sum of Rs.30,000/- by the opposite party.  The complainant is claiming refund of the balance amount of Rs.30,000/- with a compensation of Rs.1,00,000/- with interest and cost. Considering the facts and circumstances of the case, this Forum is of the considered view the opposite party shall refund a sum of Rs.30,000/- being the balance advance amount paid towards European countries tour along with interest at the rate of 9% p.a. from the date of complaint to till the date of this order with cost of Rs.10,000/- to the complainants.

In the result, this complaint is allowed in part.  The opposite party is directed to refund a sum of Rs.30,000/- (Rupees Thirty thousand only) being balance advance amount paid towards European countries tour along with interest at the rate of 9% p.a. from the date of complaint (i.e.) 21.02.2018 till the date of this order (i.e.) 22.07.2019 and to pay the cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 22^nd day of July 2019. 

 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	06.08.2017	Copy of receipt for Rs.60,000/- issued by the opposite party
Ex.A2	19.08.2016	Copy of letter – Day by day itinerary Certificate issued by the opposite party to the 1st complainant
Ex.A3	19.08.2016	Copy of letter – Day by day itinerary Certificate issued by the opposite party to the 2nd complainant
Ex.A4	23.08.2017	Copy of UK Visa Appointment confirmation to the 1st complainant
Ex.A5	23.08.2017	Copy of UK Visa Appointment confirmation to the 2nd complainant
Ex.A6	21.11.2017	Copy of legal  notice issued by the complainants to the opposite party
Ex.A7	22.11.2017	Copy of postal acknowledgement card from the opposite party
Ex.A8	30.10.2017	Copy of repayment of Rs.30,000/-

 

 

 

MEMBER                                                                                PRESIDENT