DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Monday the 31st day of July 2023
C.C.98/2023
Complainant
O. Abdul Hameed,
‘Sayos’
Peravakkutty Road,
Malaparamb (P.O)
Opposite Parties
1. The Chief Executive Officer,
M/s Switrus Holidays Pvt Ltd,
VI/446/6 Kingsway Projects, 2nd Floor,
East Fort, Trissur – 680 005.
2. M/s Sonia Prakash,
Executive,
M/s Switrus Holidays Pvt Ltd,
VI/446/6 Kingsway Projects, 2nd Floor,
East Fort, Trissur – 680 005.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
2. The case of the complainant, in brief, is as follows:
In April 2022 the complainant responded to an advertisement in the facebook given by the opposite parties announcing a ‘ten days luxury Scandanavia and Baltic Europe tour with ship’ from 19-10-2022 to 28-10-2022 starting from Kochi. The opposite parties agreed to include the complainant in the proposed trip and received an advance of Rs.10,000/-, for which, a receipt dated 14-07-2022 was issued. The brochure of the tour was also sent to the complainant. Scanned copies of all the necessary documents as demanded by the opposite parties were also sent. As demanded by the opposite parties, Rs.10,000/- was paid to them as second installment of the advance, for which, receipt dated 05-09-2022 was issued. The complainant appeared before Visa Facilitation Centre Kochi, with passport and visa service charges of Rs.3,430/- was paid.
On 11-10-2022 the second opposite party informed the complainant that they were not able to conduct the tour due to insufficient responses from the public and they could only afford to conduct the tour with minimum 30 passengers. Then the complainant demanded refund of the advance of Rs.20,000/-. The second opposite party informed that the first opposite party would take a decision about refund in due course. But the opposite parties failed to refund the advance and hence he issued a registered notice. On 25-02-2023 the complainant got a voice message from the opposite party informing him that he should send a settlement document to enable them to process his refund. On the same day, the opposite party send him a draft letter to be send by him to opposite parties and by that letter he was required to say that the tour was cancelled by him due to covid condition and he was unaware that no refund was due to him if he himself cancelled the tour and that he would receive only Rs.12,000/- as final refund and would not file and any case in any court. As the statement that he was asked to make was false, he replied that he was not ready to make any such false statement.
As the opposite parties for their own failure cancelled the proposed tour, the complainant had to make his own arrangements in different foreign countries, purchase tickets and travel insurances and undergo considerable mental and financial stress and loss, at the age of 76 and is entitled to adequate damages besides return of advance amount of Rs.20,000/- with interest. Hence the complaint.
5. Despite receipt of notice issued from this Commission, the opposite parties failed to appear and hence they were set ex-parte.
6. The points that arise for determination in this complaint are:
- Whether there was any deficiency of service or unfair trade practice on the part of the opposite parties, as alleged?
- Reliefs and costs.
- The complainant was examined as PW1 and Exts A1 to A10 were marked.
8. Heard.
- Point No.1:–The complainant has approached this commission alleging deficiency of service and unfair trade practice on the part of the opposite parties. The specific allegation is that the opposite parties failed to refund the advance amount of Rs.20,000/- which was received by them promising to provide a service of European tour which was not rendered to the complainant due to their own inability, marketing failure and causes attributable to them only.
10. The complainant has got himself examined as PW1, who has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the receipt dated 14-07-2022, Ext A2 is the tour brochure, Ext A3 is the copy of the receipt dated 05-09-2022, Ext A4 is the receipt dated 08-09-2022 for having paid visa service charges, Ext A5 is the copy of the Reliance Travel care policy, Ext A6 is the copy of the registered notice dated 23-02-2023, Ext A7 is the postal acknowledge card, Ext A8 is the draft of the settlement letter send by the opposite party, Ext A9 is the Covid -19 vaccination certificate and Ext A10 is the Covid-19 negative certificate.
The evidence of PW1 stands unchallenged. The payments made by the complainant are proved by Ext A1 and A3 receipts. The opposite parties have not turned up to file version. They have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim of the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A10 documents. The opposite parties failed to conduct the tour due to their own inability and latches and their action in not retuning the advance received from the complainant amounts to unfair trade practice and deficiency in service. They are bound to refund the advance amount to the complainant. Undoubtedly, the conduct and behavior of the opposite parties have resulted in intense mental agony and hardship to the complainant, who is a senior citizen. The complainant deserves to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 10,000/- will be reasonable compensation in this case.
12. Point No.2 :In the light of the finding on the above point, the complaint is disposed of as follows:
- CC 98/2023 is allowed.
- The opposite parties are hereby directed to refund the advance amount of Rs.20,000/-(Rupees twenty thousand only) to the complainant with interest @ 6% per annum from the date of the complaint ie 08-03-2023 till actual payment.
- The opposite parties are directed to pay a sum of Rs.10,000/- (Rupees Ten thousand only) as compensation to the complainant for the mental agony and hardship suffered.
- The order shall be complied with within 30 days of the receipt of copy of this order.
- No order as to costs.
Pronounced in open Commission on this the 31st day of July 2023.
Date of Filing: 08-03-2023.
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext A1 - Receipt dated 14-07-2022.
Ext A2 - Tour brochure.
Ext A3 - Copy of the receipt dated 05-09-2022.
Ext A4 - Receipt dated 08-09-2022 for having paid visa service charges.
Ext A5 - Copy of the Reliance Travel care policy.
Ext A6 - Copy of the registered notice dated 23-02-2023.
Ext A7 - Postal acknowledge card.
Ext A8 - Draft of the settlement letter send by the opposite party.
Ext A9 - Covid -19 vaccination certificate.
Ext A10 - Covid-19 negative certificate.
Exhibits for the Opposite Party
Nil.
Witnesses for the Complainant
PW1 - O. Abdul Hameed (Complainant)
Witnesses for the opposite parties
Nil.
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
True Copy,
Sd/-
Assistant Registrar
