Karnataka

StateCommission

A/35/2018

M/s Country Vacations - Complainant(s)

Versus

Sunil P.Panicker - Opp.Party(s)

D.Narase Gowda

13 Jun 2022

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 13^TH DAY OF JUNE 2022

 

PRESENT

 

MR. K. B. SANGANNAVAR                                : JUDICIAL MEMBER

MRS. DIVYASHREE M.                                     : MEMBER

 

Appeal No. 35/2018

 

M/s. Country Vacations No.4, S.V. Towers, 1st & 3rd floor, Krishnanagar Industrial layout, Hosur Road, Behind Christ College, Koramangala, Bangalore - 560029 Rep. by its Authorised Signatory Mr. Mohammed Akmal Pasha (By Sri. D. Narase Gowda) V/s	……Appellant
Sunil P. Panicker No.T-3, A Block, Himagiri Green, Forest APTS, Silver Oak Layout, Puttenahalli (E), JP Nagar 7th Phase, Bangalore-560078	…Respondent

 

O R D E R

BY MR. K. B. SANGANNAVAR,  JUDICIAL MEMBER

This is an appeal filed by OP in C.C.No.2594/2013 on the file of Bangalore Urban District Consumer Disputes Redressal Forum, Bangalore aggrieved by the order dated 22.06.2017.

2. The Commission heard Learned Counsel for respondent/ complainant.  He submits though appellant/OP had collected huge amount of Rs.2,60,000/- failed to provide any service as promised under agreement as well as in the brochure and welcome letter.  In such circumstances, raised consumer complaint to refund Rs.2,60,000/- was contested by OP and the fora held an enquiry appreciating document Nos.1 to 10 produced on behalf of complainant and also document Nos. 1 to 6 produced on behalf of appellant herein and in para 12 of the impugned order recorded reason, though complainant was promised with booking RCI property Organge County at Coorg, but, same has been denied on the ground that necessary accommodation is not available.  Instead OP has suggested that booking holidays on Goa and Gangtok in Sikkim.  This suggestion made by OP is certainly absurd, since complainant wanted vacation booking within the radius of 300 kms. from Bangalore.  It is therefore, the fora has to be held rightly recorded sound reasons before passing impugned order considering the conduct of OP/appellant despite collecting Rs.2,60,000/- from complainant failed to provide any service as promised under agreement and as shown in the brochure/welcome letter and for such reasons rightly directed OP to refund Rs.2,60,000/- and Rs.4,000/- within six weeks from the date of communication of the order, however awarding of interest  at 12% p.a. in our view has to be held little higher is hereby reduced to 8% p.a.  Accordingly, impugned order stands modified to this extent and disposed of the appeal with no order as to costs.
3. The amount in deposit is directed to be transferred to forum below for needful.

 

MEMBER                           JUDICIAL MEMBER         

 

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