The fact of the case of the complainant in a nutshell is that the complainant that the complainant decided to go to Andaman with guidance and arrangement of the Opposite party and paid Rs.23,000/- as advance for Andaman tour excluding Air ticket on 18.12.2014 and the
Opposite party issued receipt respectively, journey will start on 18.10.2015 and return on 25.10.2015. On 4th June, 2015 the petitioner decided not to go to Andaman and send a request letter to the oP for cancelling his tour and refunding the advance money . After receiving the letter the oP sent a reply to the petitioner on 22.06.2015 and requested him to reconsider his decision. The further case of the complainant is that on 30.6.2015 the oP asked the complainant his Bank account details through email. The Opposite party never took and action and for that reason the complainant reminded him again on 14.7.2017 but of no result. Hence, this complaint.
The Opposite party contested the case by filing Written version denying inter alia all material allegations . The positive case of the Op is that the petitioner made contact with the oP for having a trip at Andaman with the aid of the op and accordingly the complainant filled up the application and made payment of a sum of Rs.23,000/- as advance . Subsequently, on 4.6.2015 the complainant sent a letter to the oP with a request to cancel the trip and demanded the entire advance booking amount . The Op expr4essed his willingness to refund the advance amount after deducting some amount but the petitioner with some oblique motive asked the op not to deposit any amount in his account and also tried to harass the Op by calling him in Sheoraphuly TOP for several times and has filed the instant case with false and concocted versions. Accordingly, the Op prays for dismissal of the complaint.
Complainant filed photo copy of leaflet of Guruji Travels, photocopy of cash memo of Guruji Travels dated 18.12.2014, photocopy of letter to Guruji travels with postal receipt dated
4.6.2015, photocopy of letter to Sheoraphuli Police station with receipt, photocopy of e-mail dated 22.6.15, photocopy of letter with postal receipt dated 24.6.15 and some other photocopy of emails. Complainant also filed Evidence in chief and Written Notes of Argument. Op filed Evidence in chief and Written Notes of Argument.
POINTS FOR DECISION
- Whether the complainant is a consumer?
- If there is any deficiency on the part of the oP ?
- If complainant is entitled to get any relief?
DECISION WITH REASONS :
All the points are taken up together for easiness of discussion.
It is admitted position as appears from the argument of both sides and evidence of both sides that the complainant advanced Rs.23,000/- for Andaman tour , excluding Air ticket on 18.12.2014 . The date of journey was fixed on 18.10.2015 and return journey on 25.10.2015. But the complainant finally expressed his unwillingness for the tour. It also transpires that Opposite party intended to refund amount but Op did not mention the amount was to be refunded to the complainant and last of all the Op did not effective step for making arrangement to refund the amount. The oP did not make any claim of reduction the amount or did not file any papers before us to see that Op incurred expenses regarding Air ticket or Hotel booking or conveyance . The record does not show any paper for deduction from the advance
amount. So after consideration the dispute between the parties, we are of opinion that the complainant’s case succeeds and the complainant is entitled to get relief. Hence, it is –
Ordered
That the CC no. 169 of 2015 be and the same is allowed on contest . The Op is directed to refund Rs.23,000/- to the complainant as advance money paid by the complainant to the OP. The Op is also directed to pay Rs.10,000/- to the complainant towards litigation cost.
The Op shall comply the above orders within 30 days from the date of this order i.d. the complainant is at liberty to file Execution case for executing the above order.
Let a copy of this order be made over to the parties free of cost.
