Complainant present in person

Opponents are absent (Ex-parte)

Per : Mr. V. P. Utpat, President              Place   :  PUNE

                                                  J U D G M E N T

       17/06/2014                                                                 

          This complaint is filed by the consumer against the Travel Company for deficiency in service under section 12 of the Consumer Protection Act, 1986.  The brief facts are as follows,

1]       The complainant is a resident of Narayan Peth, Pune and the opponent no. 1 to 3 are the Directors of a Travelling Company named as ‘Sachin Tourism World’.  It is the case of the complainant that he had booked the tour announced by Sachin Travels, which was scheduled from 23/12/2012.  He has paid an amount of Rs. 67,746/- as an advance for two adults by cheque dated 27/10/2012.  The opponents have issued receipt for the same.  Further sum of Rs.69,730/- was paid by another cheque, which was drawn on HDFC bank on the said date 27/10/2012.  The opponent has cancelled the tour unilaterally and informed the complainant by telephone just before 4 days before the commencement of the tour and assured that amount will be repaid.  The opponent has also sent letter dtd. 5/12/2012, in which it has agreed that amount of Rs. 1,37,477/- will be refunded along with interest @ 9%.  Then it has issued cheque for the said amount on 28/2/2013, but on presentation, the said cheque was dishonoured for insufficient funds.  The complainant had issued notice to the opponent through an Advocate under section 138 of Negotiable Instrument Act.  The opponent has requested not to initiate any legal proceeding and assured payment of Rs. 1,37,477/-.  However, the opponent has failed to refund the said amount.  Hence, the complainant has claimed the said amount along with interest @ 12%, amount of Rs. 337/- for cheque bounce charges and legal charges for notice and costs of the complaint as well as compensation for mental agony.

2]      The opponent though duly served by the public notice remained absent; hence the complaint proceeded ex-parte against them. 

3]      The complainant has filed affidavit in support of the claim as well as evidence, such as receipts issued by the opponent, office copy of notice, office copy of cheque, bank extract, letters sent by the opponent etc.  It reveals from the documentary evidence as well as affidavit of the complainant that the opponent has failed to refund amount of Rs. 1,37,477/- i.e. cost of the tour and that amounts to deficiency in service.  It is the opinion of this Forum that the complainant is entitled for refund of money, as well as compensation of Rs.10,000/- for mental and physical sufferings.  The complainant is also entitled to receive an amount of Rs. 1,000/- towards costs of the litigation.  In the result the Forum pass the following order.  

                                     O R D E R 

1. The complaint is partly allowed.

1. It is hereby declared that the opponents have caused deficiency in service by not refunding tour cost to the complainant.

1. The opponents are directed to refund an amount of Rs. 1,37,477/- (Rs. One Lac Thirty Seven Thousand Four Hundred and Seventy Seven only), an amount of Rs. 10,000/- (Rs. Ten Thousand only) towards compensation for mental and physical sufferings and an amount of Rs. 1,000/- (Rs. One Thousand only) towards costs of the complaint within six weeks from the date of receipt of copy of this order.

4.       If the abovementioned amount is not paid within stipulated period of six weeks, it shall carry interest @ 9% from the date of order till its realization.

5.       Copies of this order be furnished to the parties free of cost.

6.       Parties are directed to collect the sets, which were provided for Members within one month from the date of order, otherwise those will be destroyed.