DATE OF DISPOSAL:09.05.2019
Sri Karuna Kar Nayak, President.
The complainants have filed this consumer complaint Under Section 12( C )of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Party ( in short the O.P. ) and for redressal of their grievance before this Forum.
2. Briefly stated the case of the complainants’ are that the O.P. is doing business of tour and travels and offered to public about Group tour package to BRUNDABAN with certain terms and conditions. Accordingly the complainants deposited Rs.9,501/- per each which includes to and fro journey from Puri to Brundaban with one month stay at Brundaban. The O.P. did not issue any money receipt to the complainants in this regard on repeated request. On dated 21.10.2018 they started tour with train, in one seat they travelled many persons and reached at Brundaban. They went to Singhpur Hanuman temple and stayed there. But the O.P. after 9 days left that place without informing to the complainants. When the complainants contacted with telephone but in vain. They spent additional amount of Rs.24,000/- each to stay there and returned home in their own arrangement very difficultly. On dated 26.12.2018 the complainants issued notice to O.P. to refund the amount but in vain. In spite of several approaches in person to the O.P. the O.P. did not take any effective step to refund the amount. As it is a clear case of unfair trade practice as such for deficiency in service on the part of the O.P., the complainants filed this case against the O.P. before this learned Forum with a prayer to direct the O.P. to refund the additional expenditure amount of Rs.24,000/- each alongwith Rs.5,000/- each towards compensation for mental agony and Rs.2,000/-each towards cost of litigation.
3. The complaint is admitted and notice was issued to the O.P. But the O.P. neither appeared nor filed any written version on the date fixed, hence the O.P. was declared exparte on 20.03.2019.
4. On the date of hearing of the consumer complaint Sri Ganesh Dash, authorized person on behalf of complainants is present. We heard argument from him at length and perused the complaint petition, affidavit and documents placed on the case record. It reveals that the complainants accepted the offer of O.P. who is a tour and travel agent for tour from Puri to Brundaban for 14 members. It also reveals that 14 numbers of complainants have deposited Rs.9,501/- per each for to and fro journey from Puri to Brundaban with one month stay. The O.P. did not issue any money receipt in this regard on repeated request. On dated 21.10.2018 they started their journey by train from Puri to Brundaban without sufficient seat and reached at Brundaban. Thereafter, they visited to Singhpur Hanuman temple and stayed 9 days but thereafter the O.P. left that place without giving any information to the complainants. Though they contacted the O.P. through telephone but failed for which they spent additional Rs.24,000/- each to stay there and returned home in their own arrangements with much hardship.
5. On foregoing discussion and taking the sole testimony of the complainants into consideration we hold that the O.P. is negligent in rendering proper service to the complainants. Hence, in our considered view there is deficiency in service on the part of the O.P.
6. In the result, the complainants’ case is allowed on exparte against the O.P. The Opposite Party is directed to refund Rs.9,501/- only (deposited by each complainants) and Rs.5000/- as compensation for mental agony alongwith cost of litigation Rs.1,000/- in total Rs.15,501/- to each complainants within 30 days from the date of receipt of this order, failing which all the dues shall carry 12% interest per annum. The case of the complainants’ are disposed of accordingly.
The order is pronounced on this day of 9th May 2019 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
