Order No.   9    Dated  21/03/2016.

       The case of the complainants in short is that o.p. published regular advertisements in leading newspapers that regular tour / trips to Manash Kailash was conducted by Avian Holidays and the tour was very comfortable and hassle free.

            Complainant no.2 was interested to visit Manash Kailash and after reading the regular advertisements she contacted the o.p. over telephone. At the request of o.p. the complainants sometime in April 2011 visited the office of o.p. at Dakshinapan Shopping Complex. Complainants were assured by o.p. that travelling to Manash Kailash with Avian Holidays will be a wonderful experience for them. She was further assured that some monks of ‘Adya Peeth’ Ashram visited Manash Kailash with Avian Holidays and had highly praised him for the tour arrangement.

            The entire package cost for two persons to Manash Kailash Yatra was Rs.1,50,000/- only.             The date of journey to Manash Kailash Yatra was fixed in June 2011 by o.p. At the request of o.p. the complainants made payment of Rs.1,60,000/- to o.p. and the balance was payable after reaching Kathmandu, Nepal.

            Manash Kailash Yatra in June 2011 was cancelled by o.p. on the plea that all formalities could not be completed and the next date of journey was fixed sometime in Sept. 2011. All the members registered for Manash Kailash Yatra (Sept. 2011) were called at the office of o.p. and a meeting was called but the date was again cancelled by o.p. for the reasons best known to them.

            The next date of Manash Kailash Yatra was again fixed on 27/29^th April 2012 but Yatra was again cancelled by o.p. without assigning the reason for such cancellation. Thereafter, several dates were fixed for the Yatra on 29/30.5.2012,  June 2012, 24.8.12 and 8.9.12 but Yatra on all these dates were cancelled.

            At this juncture o.p. told the complainants if an extra amount of Rs.10,000/- was paid per head then he will arrange for Muktinath trip in Nepal. O.p. on 18.8.12 again took the sum of Rs.20,000/- from the complainants against money receipts.

            Complainant no.1 did not agree for Muktinath, Nepal but complainant no.2 agreed to go to Muktinath and paid a sum of Rs.10,000/- to o.p. on 25.9.12 against money receipts issued by o.p. Complainants issued a demand notice dt.25.6.14 through their ld. advocate demanding Rs.2,05,000/-. The demand notice was sent by speed post with A/D. Due to mistake the amount was wrongly mentioned on 2,05,000/- instead of Rs.2,30,000/-. Lastly on 25.9.12 when payment was made and the date of journey was fixed in the last week of Sept. 2012.          Hence, the case was filed by the complainant with the prayers contained in the prayer portion of the petition of complaint.

            In spite of receipt of notice sole o.p. did not contest this case by filing w/v and as such, matter was heard ex parte against the o.p.

Decision with reasons:

            We have gone through the evidence of the complainant and documents in particular and we find that complainant no.2 was interested to visit Manash Kailash and after reading the regular advertisements she contacted the o.p. over telephone. At the request of o.p. the complainants sometime in April 2011 visited the office of o.p. at Dakshinapan Shopping Complex. Complainants were assured by o.p. that travelling to Manash Kailash with Avian Holidays will be a wonderful experience for them. She was further assured that some monks of ‘Adya Peeth’ Ashram visited Manash Kailash with Avian Holidays and had highly praised him for the tour arrangement. The date of journey to Manash Kailash Yatra was fixed in June 2011 by o.p. At the request of o.p. the complainants made payment of Rs.1,60,000/- to o.p. and the balance was payable after reaching Kathmandu, Nepal. Manash Kailash Yatra in June 2011 was cancelled by o.p. on the plea that all formalities could not be completed and the next date of journey was fixed sometime in Sept. 2011. All the members registered for Manash Kailash Yatra (Sept. 2011) were called at the office of o.p. and a meeting was called but the date was again cancelled by o.p. for the reasons best known to them. The next date of Manash Kailash Yatra was again fixed on 27/29^th April 2012 but Yatra was again cancelled by o.p. without assigning the reason for such cancellation. At this juncture o.p. told the complainants if an extra amount of Rs.10,000/- was paid per head then he will arrange for Muktinath trip in Nepal. O.p. on 18.8.12 again took the sum of Rs.20,000/- from the complainants against money receipts. Complainants issued a demand notice dt.25.6.14 through their ld. advocate demanding Rs.2,05,000/-. The demand notice was sent by speed post with A/D. Due to mistake the amount was wrongly mentioned on 2,05,000/- instead of Rs.2,30,000/-.

            O.p. had not filed any w/v in this case and as such, the evidence adduced by complainants has remained unchallenged testimony and we have nothing to disbelieve the same and accordingly, we find o.p. had made deficiency in service being service providers to the consumers / complainants and complainants are entitled to relief.

            Hence, ordered,

            That the case is allowed ex parte with cost against the o.p. O.p. is directed to refund a sum of Rs.2,30,000/- (Rupees two lakhs thirty thousand) only to the complainants and is further directed to pay compensation of Rs.75,000/- (Rupees seventy five thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainants till full realization.      

            Supply certified copy of this order to the parties free of cost.