Complaint filed on: 20-03-2019
Disposed on: 10-11-2021
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
CC.No.67/2019
DATED THIS THE 10th DAY OF NOVEMBER, 2021
PRESENT
SRI.C.V.MARGOOR, B.Com, L.L.M, PRESIDENT
SRI.KUMARA.N, B.Sc., L.L.B, MEMBER
SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER
Complainant: -
Channaiah, S/o. late B.Sannananjappa,
Aged 57 years, Siddarameshwara Nilaya,
8th Cross, Mahalakshminagara,
Batawadi, Tumkur City
(By Sri.T.P.Mahesh, Advocate)
V/s
Opposite parties:-
- Manish Agarwal
Managing Director,
Neem Holidays Pvt. Ltd
002-62457777, 08108008324
501, Synergy Business Park,
Behind Pravasi Industrial Estate, Shankarwadi Aarey Road, Goregeon East, Mumbai-400 063.
- Sudeep Aradhya
S/o. Shirap Aradhya,
Aged about 43 years,
Business R/at Adarshanagara,
Tumkur City
(OP No.1- Exparte)
(OP No.2 In person)
ORDER
SRI.KUMARA.N, MEMBER
This complaint is filed by the complainant Sri.Channaiah residing at Tumakuru to direct the OPs to refund the total amount of Rs.1,27,500=00 together with interest at the rate of 18% p.a. and also direct the OP to pay Rs.20,000-00 towards the general damages for mental shock and agony suffered and also deficiency in service.
2. OP No.1 is Mr.Manish Agarwal, Managing Director, Neem Holidays Pvt. Ltd, Mumbai-400 063 and OP No.2 is Mr.Sudeep Aradhya S/o.Shirap Aradhya, Adarshanagara, Tumakuru.
3. It is the case of complainant that opposite parties (hereinafter called as OPs) have made promise of grand and luxurious vacations upon investment in to their products and made the complainant lured to buy an international tour package. Then the complainant opted Scandinavia (11 nights/ 12 days) international tour to Denmark, Norway, Sweden, Finland and the complainant has paid Rs.27,500-00 to the OP No.2 and in turn OP No.2 deposited the same to OP No.1 account on 16-08-2017. Further the complainant has deposited Rs.1,00,000-00 to OP No.1, ICICI Bank Account on 20-12-2017. The OPs have agreed to arrange visa to the complainant and international tour and accordingly the complainant has submitted the required documents through OP No.2 for getting Visa and finally Visa was rejected.
4. The complainant has requested the OPs for refund the amount paid towards Scandinavia tour, but the OPs have not shown any interest in refund of the paid amount of Rs.1,27,500-00 towards Scandinavia tour package nor arranged alternative international tour, thereby OP No.1 has shown deficiency in service to the complainant. Thereafter, the complainant has got issued legal notice to OP No.1 on 16-01-2019 by RPAD calling upon the OP No.1 to refund the amount of Rs.1,27,500-00 paid towards Scandinavia international tour with interest at 18% p.a. and Rs.50,000-00 towards damage. The said notice was duly served on OP No.1, even after the service of notice the OP No.1 has failed to comply the same hence, this complaint.
5. My predecessors in office have placed the OP No.1 as exparte by holding that the notice was duly served on them. The OP No.2 appeared in person and filed version and denied all the averments of complaint. OP No.2 admitted that OP No.1 has arranged the international tour package i.e., Denmark, Norway, Sweden, Finland etc, thereby complainant has paid Rs.27,500-00 to OP No.2 since OP No.2 is also one of the aspirant to avail said Scandinavia tour package. On humanitarian ground the OP No.2 has received a sum of Rs.27,500-00 from the complainant and credited the same to OP No.1 bank account a sum of Rs.75,000-00 on 16-08-2017 which includes the complainant advance amount of Rs.27,500-00 and OP No.2 tour package amount of Rs.47,500-00. Further OP No.2 has submitted that there is no relationship between the complainant and OP No.2 as a consumer and consignee. On this ground alone the OP No.2 has prayed to dismiss the complaint.
6. The complainant has filed his affidavit evidence and submitted the documents like copy of legal notice, postal track, decision on visa application, postal receipt and postal acknowledgment. Bank/ATM cash paid challan dated 16-8-2017 for Rs.1,00,000=00, newspaper advertisement of OP No.1 of Scandinavia (11 nights/ 12 days) international tour. Further the complainant counsel has produced copy of the order in CC.No.05/2020 of this commission.
7. We have perused the documents submitted by the complainant, affidavit and heard the arguments of complainant counsel, OP No.2 and reply of complainant counsel and the points that would arise for determination are as under
- Whether the complainant proves the
deficiency of service on the part of OPs?
- Is complainant entitled to the reliefs sought for?
8. Our findings on the aforesaid points are as follows.
Point No.1: In the affirmative
Point No.2: In the partly affirmative for the below
REASONS
9. Point No.1 and 2: The complainant counsel has vehemently argued that the OP No.1 has promised the complainant to arrange for international tour, Scandinavia (11 nights/ 12 days), (Denmark, Norway, Sweden and Finland) and Visa for the same, thereafter the complainant has paid Rs.27,500-00 to OP No.2 and Rs.1,00,000-00 to OP No.1 ICICI Bank Account on 20-12-2017. OP No.2 has deposited the complainant’s amount of Rs.27,500-00 to OP No.1 Bank Account on 16-08-2017. The complainant has paid Rs.1,27,500-00 to the OP No.1 for international tour, but due to OP No.1 negligence act, visa application of complainant came to be rejected. Inspite of legal notice served on OP No.1 neither he refunded the amount of Rs.1,27,500-00 nor arranged alternative international tour. The complainant in his affidavit evidence has reiterated the averments of complaint.
10. The OP No.2 has argued that he has received an amount of Rs.27,500-00 from the complainant and in turn paid to OP No.1 bank account on 16-08-2017. Further he has submitted that he is also one of the aspirant for said international tour package and paid total amount of Rs.75,000-00 to the OP No.1 bank account on 16-08-2017 which includes complainant’s amount of Rs.27,500-00 and OP No.2 amount of Rs.47,500-00.
11. The complainant has produced the cash paid receipt of Rs.1,00,000=00 to the OP No.1 ICICI bank account on 20-12-2017 (annexure-1), copy of decision Visa rejected letter, legal notice dated 16-01-2019, postal acknowledgement for service of legal notice on OP No.1 and copy of the order passed by this commission in CC.No.05/2020. In CC.No.05 of 2020 the OP No.2 herein is complainant and OP No.1 of this complaint is OP.
12. The complainant has requested the OP No.1 several times to refund Rs.1,27,500=00 paid towards Scandinavia tour but the OP No.1 did not respond. Thereafter, the complainant has issued legal notice dated 16-01-2019 calling upon the OP No.1 to refund the amount with interest for deficiency in service.
13. The documents produced by the complainant established that the OP No.1 has committed deficiency in service and also played unfair trade practice by receiving huge amount from the complainant promising that international tour would be organized as per schedule. Therefore, the OP No.1 shall liable to refund the amount received from the complainant with interest.
14. The complainant has asked for Rs.20,000-00 as compensation for mental agony and suffering, but the complainant has not produced any convincing material to show that he has suffered mental agony to award amount of compensation asked for even though the mental agony could not be assessed in terms of money. The complainant is entitled to an amount of Rs.10,000-00 as compensation since the OP No.1 has failed to provide any of the services even after receipt of huge amount of Rs.1,27,500-00 from the complainant hence, we proceed to pass the following.
ORDER
The complaint filed by complainant Sri.Channaiah is partly allowed directing the OP No.1 to refund an amount of Rs.1,27,500=00 to the complainant with interest at the rate of 8% per annum from 21-12-2017 till its payment.
It is further ordered that the OP No.1 shall liable to pay a sum of Rs.10,000=00 to the complainant as compensation along with litigation cost of Rs.10,000=00 within 30 days from the date of this order otherwise, it carries interest at the rate of 8% per annum from the date of filling the complaint till the date of payment.
The complaint filed against the 2nd OP is hereby dismissed.
Furnish the copy of order to the complainant and opposite parties at free of cost.
(Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 10th day of November, 2021).
LADY MEMBER MEMBER PRESIDENT
