Today is fixed for admission hearing as a special chance i.d necessary order will be passed.

No step is taken on behalf of the petitioner / complainant.

Neither the petitioner nor his Advocate on record appears on repeated call.

It is now 3.00 PM.

The application U/s 35 of C.P.Act, 2019 is taken up for hearing on merit.

The case of the complainant is that he is the proprietor of Kundu Seeds and Fertilizer having several employee who gave a vacation plan to the employees every year and like previous year he bought a tour package for 12 employees from O.P Tour Company for going vacation to Bangkok and the date was fixed for the said tour on 16/04/2020. As per settlement he transferred Rs.3,00,000/- to the account of the O.P on several occasions and lastly deposit Rs.50004.72/- on 04.02.2020.

His further case is that in the meantime whole country is going to lockdown due to Covid-19 and due to unavoidable circumstances the opposite party cancelled the said vacation plan, so the complainant requested the O.P to return back Rs.3,00,000/- but initially O.P refused to return the same. By that time complainant feel ill and goes to Bangalore for treatment and on complainant’s request O.P only paid Rs.5,000/- to the complainant and on his request lastly on 25.07.2021 the O.P refused to pay remaining sum of Rs.2,95,000/-. Thus a legal notice claiming said amount through Advocate Biswajit Sinha dated 21.08.2021 was sent to the O.P but inspite of receipt of the notice the O.P did not make payment and the complainant thus prays for getting back Rs.2,95,000/- with compensation of Rs.100000/- for mental pain and agony and Rs.10,000/- for litigation cost.

It is apparent that the complainant runs his business within territorial jurisdiction of this Commission. Though it is claimed that the complainant bought tour package for his 12 employees from O.P.No-2 / Tour Company for vacation tour to Bangkok fixed on 16.04.2020 but no document is produced on behalf of the complainant regarding hiring or availing of tour package, to prove himself as a consumer under provision of Section 2 (7) (ii) of C.P.Act, 2019.

 The xerox copy of the pay-in-slips (2) show that Rs.20,000/- & Rs.30,000/- transferred to the beneficiary Dinesh Tour and Travels via B.G.V.Bank dated 17.11.2017 & 22.11.2017.

Other two xerox copy of pay-in-slip show remittance of Rs.70,000/- & Rs.50,000/- in name of the Dinesh Tour and Travels dated 14.09.2017 & 23.10.2017.

Statement of Axis Bank shows debit of amount of Rs.30005.90/- dated 16.05.2019 from the account of the complainant, but in whose favour that has not been found.

 The statement of account of SBI produced by complainant only shows that amount of Rs.50004.72/-  have been remitted to Dinesh Tour and Travels on 04.02.2020 and 05.02.2020.

 The complainant did not give satisfactory explanation as to payment of the year 2017 & 2019. The purpose of payment / remittance of above mentioned sums apparently found not satisfactory, in other words, for the purpose of buying tour package said payments were made has not been established.

The complainant did not produce any document of receipt of Rs.5,000/- from the O.P and also the papers of his treatment. Mere issuance of legal notice and / or service thereof upon the O.P can neither establish the relationship of the parties, nor establish refusal nor gives rise any date as cause of action as alleged.

Under above facts and discussion we are of the opinion that the claim is not maintainable. Hence, it is

O r d e r e d

that petition of complaint U/s 35 of C.P.Act, 2019, registered as C.C-16/2022 be and the same is rejected.

Let a copy of this order be given to the complainant free of cost.