IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

SRI. C.V. MARGOOR,PRESIDENT

O R D E R

1. This complaint filed by Mr. C.D. Gil Somaiah s/o. C.G. Devaiah, resident of Virajpet, Kodagu District with a prayer to direct the opponents to refund an amount of Rs.1,30,000/- paid by him along with interest at the rate of 18% per annum, Rs.15,000/- towards expenditure and cost of this proceedings.

2. The opponent No.1 Mr. M.C. Sandeep is husband of opponent no.2 Smt. Bindhu  and they being Managing Directors of “Indoi Holidays”, Bengalure.  The opponents are running a Tours and Travels Agency business under the name and style “Indoi Holidays” at Bengaluru.  The opponents are also from Kodagu District.  The opponents have made the complainant to believe that they are offering attractive and economic package of tours and travels to different destinations.  The complainant has booked through the opponents to travel to Andamans with his wife and two children for four days and for that the opponents have charged Rs.1,45,000/- for four members which includes Air fare and occupancy for four nights.

3. It is further averred in the complaint that the opponents have demanded 50% of tour money as advance amount.  The complainant has paid Rs.60,000/- through his bank account situated at State Bank of Mysore and Rs.10,000/- through Corporation Bank, Branch at Virajpet on 16/04/2018.  Again on the demand made by the opponents the complainant paid Rs.30,000/- through Corporation Bank, Virajpet Branch on 25/04/2018 for Hotel booking and on the pressure by opponents on  17/05/2018 the complainant again transferred an amount of Rs.30,000/- to the bank account of opponents in State Bank of India, Doddaabanasavadi Branch, Bengaluru.  The complainant has paid in all Rs.1,30,000/- and told the opponents that remaining amount of Rs.15,000/- would be paid in the Airport on the day of travelling.

4. On the say of opponents the complainant and his family members have reached the Airport at Bengaluru in a taxi on 23/05/2018 at 11 a.m.  But the opponent or his men were not present in the Airport to attend them.  The complainant has tried to contract the opponents until 6 p.m. but his efforts went in vain.  The flight departure time was at 2 p.m. on 23/05/2018.  There after the complainant has returned back to his native place Coorg District in a taxi.  Thus the opponents have cheated the complainant to get wrongful gain.  After two days of the incident the opponent came up with a lame excuse that child has broken his mobile and heavy rains in Andaman and further assured that he will repay the amount along with the expenditure within a week.  The opponents did not repay the amount paid by the complainant hence, he has sent a legal notice through his Advocate on 31/10/2018 which has been returned with endorsement as refused, hence this complaint.

5. After personal service of notice sent by registered post acknowledgement due on 19/01/2019 one Mr.K.S.N Advocate filed a memo to undertaking to file vakalath on the next day of hearing.  On the next day of hearing i.e. on 02/02/2019 the opponents were remained absent and again Sri.K.S.N prays time to file vakalath but rejecting their prayer it was taken that opponents have no version.  On 23/02/2019 the complainant files his affidavit in lieu of evidence and got marked exhibits P1 to P3 documents.  On the said day the opponents 1 and 2 were remained absent.  On 02/03/2019 the opponent no.1 had present and took time on the ground that their counsel is out of station.  Time was granted on payment of cost.  Again on 16/03/2019 the opponents were remained absent then heard the arguments advanced by the complainant and the points that would arise for determination are as under;

1. Whether the complainant proves that the act of opponents not taking the complainant and his family members to tour amounts to deficiency in service.

2. Is complainant entitled to the relief sought for?

3. What order?

6. Our findings on the above points is as under;

• Point No.1:- In the Affirmative
• Point No.2:- In the Affirmative
• Point No.3:- As per final order for the below

R E A S O N S

7. Point No.1 to 3:- The complainant filed his affidavit in lieu of evidence and re-iterated the averments of complaint therein.  The complainant marked exhibit P1 bank documents for having remitted Rs.1,30,000/- to the account of opponent no.1 on various dates.  Exhibit P2 is copy of legal notice dated 31/10/2018 addressed to the opponent no.1 and exhibit P3 copy of the cover wherein the postal authority made endorsement as refused by the addressee.

8. The complainant has availed the services of opponent no.1 and 2 for consideration to make trip to Andaman Islands.  Exhibit P1 bank documents show that on different dates the complainant has sent Rs.1,30,000/- to the account of opponent no.1.  The opponents have undertaken to provide service to the complainant for entertainment or amusement during Holidays.  The opponents inspite of receipt of Rs.1,30,000/- failed to provide services.  Therefore, the act of opponents falls under the purview of deficiency in service.

9.  The opponent no.1 and 2 despite the personal service of notice sent by this Forum did not care to challenge the allegations made by the complainant.  Therefore, the opponents shall liable to return the amount of Rs.1,30,000/- received from the complainant along with interest at the rate of 12% per annum from 01/05/2018 till payment.  The complainant has suffered economic loss and physical agony as he and his family members went to Airport, Bengaluru by hiring taxi and due to inaction on the part of opponents they have to return back to their native place.  Therefore, the opponents shall liable to pay an amount of Rs.15,000/- towards taxi charges and mental agony.  That apart the opponents shall liable to pay Rs.10,000/- towards cost of this proceedings to the complainant.  For the above reasons, we proceed to pass the following;

O R D E R

1. The complaint filed by Mr.C.D. Gil Somaiah s/o. C.G. Devaiah is allowed directing the opponents 1 and 2 to pay a sum of Rs.1,55,000/- to the complainant with interest at the rate of 12% per annum from 01/05/2018 till the date of payment.
2. Furnish copy of order to the complainant and opposite parties at free of cost.

(Dictated to the Stenographer, got it transcribed, corrected and pronounced in the open Forum on this 23^rdday of MARCH, 2019)

                                                      (C.V. MARGOOR)

                                                          PRESIDENT 

                                                    (M.C. DEVAKUMAR)

                                                             MEMBER