::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::
C.C. No.21/2018.
Date of filing: 08.06.2018.
Date of disposal: 07.09.2018.
P R E S E N T:-
(1) Shri. Jagannath Prasad Udgata, B.A., LL.B.,
President
(2) Shri. Shankrappa (Halipurgi),
B.A.LL.B.,
Member.
COMPLAINANT/S: 1. Dr.Rajinish Walli S/o Shivsharnappa Walli,
Age:45 years, Occ: Businesses,
R/o H.No.9-1-6, Walli Nilaya,
Nandi Colony KEB Road Bidar 585401.
( By Sri.Sri.Sanjaya Patil.,Adv.)
VERSUS
OPPONENT/S: 1) The Director of Nepal Tourism Package, (NTP)
Affairs, Ltd,1015 Antriksh Bhawan,
22 Kasturba Gandhi Marg, NEW DELHI-110001.
2). Hemanth Kr.Sharma and (Amitabh Sharma),
Chairman of Kailash Tour Association, At N.T.P.
Affairs,Ltd, 1015 Antriksh Bhawan, 22 Kasturba
Gandhi Marg, New Delhi-110001.
3). Vinaykumar/Pooja, Account Department N.T.P.
Affairs, Ltd, 1015 Antriksh Bhawan, 22 Kasturba
Gandhi Marg New Delhi-110001.
4). Anjali Baluni, Admin Officer, Of N.T.P. Affairs,
Ltd, 1015 Antirksh Bhawan,
22 Kasturba Gandhi Marg, New Delhi-110001.
(By. Exparte., Adv.)
:: J UD G M E N T ::
By Shri. Jagannath Prasad Udgata, President.
The complainant has approached this forum by filing complaint u/s 12 of the Consumer Protection Act, 1986, seeking refund of remitted amount, compensation and litigation costs, alleging deficiency of service in the parts of the opponents.
2. The complainant submits that, the opponents organize Kailash Manasarovar Yatra for devotees every year during Summer months. The complainant, during the year 2015 in the month of May, opted to arrange such pilgrimage for his elderly parents by name Sri. Shivasharnappa Walli and Smt. Shakuntala Walli and as per the interaction with the opponents remitted a sum of Rs.40,000/- on 09.07.2015 and another sum of Rs.2,70,000/- through NEFT and RTGS through D.C.C. Bank Ltd. Bidar on 10.07.2015. Though the complainant speaks about an invoice of opponents, the same has not been filed with the complaint.
3. The complainant further submits that, though a severe earthquake happened in Nepal during the month of April-2015, the opponents received the subsequent tourism plans and the payments for such programme willingly.
4. That, later owing to the magnitude of the devastating earthquake in Nepal, the pilgrimage programme was cancelled by the opponents and on alternative offer for the progrmme in the later years was offered by the opponents together with option of seeking cancellation of the tourism package. The complainant opted for cancellation of the tour package and asked for refund of the payment made by him through the Bank.
5. The complainant further avers that, inspite of several demand made through e-correspondences (copies enclosed) and assurances given by the opponents, till the date of filing of the case, the amount has not been refunded, wherefore the present complaint seeking refund of Rs.3,35,000/- (travel cost), Rs.1,50,000/- (compensation) and Rs.25,000/- (litigation expenses).
6. The opponents inspite of service of notices did not prefer to attend the hearings and hence were placed exparte vide orders date:20.07.2018.
7. The complainant in furtherance of the case has filed evidence affidavit and written arguments reiterating his complaint averments. However no evidence is put forward substantiating more payments than Rs.3,10,000/-, which is reflected in Annexure-B, the statement of A/c issued by the Bank Concerned.
8. Hence not preferring to indulge into more exercises in fixing points of determination in the absence of any opposition by the opponents, we proceed to pass the following :-
ORDER.
- The complaint is allowed in part.
- The opponents are here by jointly and severally directed to refund the sum of Rs.3,10,000/- received from the complainant together with an interest @ 12% p.a. calculated from the date of final remittance i.e. 10.07.2015 till realisation.
- The opponents are further directed to defray a sum of Rs.50,000/- as compensation towards inconveniences and mental agonies;
- The opponents would also be bond to pay a sum of Rs.10,000/- towards litigation expenses;
- Four weeks time granted to comply this order.
(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 07th day of September 2018).
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
Documents produced by the complainant
- Annexure.A- Brochure and Travel tips issued by the opponents.
- Annexure.B– Account statement issued by D.C.C. Bank limited
Bidar. - Annexure.C- E-correspondence of opponents date: 03.07.2017
opponents regarding refund of payments. - Annexure. D– E-correspondence regarding customer review.
- Annexure.E- E-correspondence of complainant to the opponents
date:28.03.2018. - Annexure.F- Reply of opponents date:28.03.2018.
- Annexure-G- E-correspondence of complainant date: 28.03.2018.
- Annexure.H- Intra office correspondence of the opponents.
- Annexure.J- E-correspondence date; 28.03.2018 of the opponents.
- Annexure-K to N- Postal certificates of Track consignment.
Document produced by the Opponents.
-Nil-
Witness examined.
Complainant.
- P.W.1- Dr.Rajnish Walli S/o Shivasharanappa Walli (complainant).
Opponent.
-Nil-
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
