DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 25th day of September 2010 .

Present : Smt. Seena.H, President

: Smt. Preetha.G. Nair, Member

: Smt. Bhanumathi.A.K, Member

C.C.No.91/2010

V.A. Balu

S/o. (Late) T. Achithan Nair

Nandanam

Mithri Lane

Palappuram (P.O)

Palakkad – 679 103 - Complainant

( Party in person)

Vs

1. The General Manager

Vivekananda Travels (P) Ltd

17/483, B 1^st Floor

Sreekandeswara Complex

S.K. Temple Road

Kozhikode – 673 004

2. The Office in charge

Vivekananda Travels (P) Ltd

P B No.23, Razi Palace

Opp. M E S School

Olavakkode, Palakkad – 2 - Opposite parties

O R D E R

By Smt. Seena.H, President.

1. The brief facts of the complaint is that the complainant booked a tour programme of the Opposite parties through its Olavakkode branch office. Journey was scheduled to start on 29/04/2010. From the different options complainant opted for HYDERABAD-DELHI-AGRA-SPECIAL YATHRA programme. The representatives of the opposite parties described the details of the programme and also served a printed details. On 10/09/2009 complainant paid Rs.47,996/- to the opposite parties towards the charges of the tour for his family comprising of 4 members. It is also stated by Opposite parties that the journey will start from Nedumbassery. The grievance of the complainant is that opposite parties even after receiving the amount sufficiently earlier, has not further contacted the complainant nor intimated any details of the

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   programme. Complainant contacted the opposite parties several times, but not received any definite reply. Complainant sent e-mail letters requesting to furnish the details, for which a person of the 2^nd opposite party institution telephoned on the date of journey intimating that the tour was cancelled and amount will be refunded to them. So far opposite parties has not returned the amount. Complainant caused a registered notice claiming the amount on 17/05/10 for which opposite parties has not replied. Complainant submits that the act of opposite parties has caused mental agony to the complainant and the family and hence complainant is entitled for the amount already paid together with compensation.

2. Though notice was served on both opposite parties, none of them has appeared before the forum. Hence was set ex-parte.

3. Complainant filed affidavit . Exhibit A1 to A7 were marked.

4. Heard the complainant and perused the relevant documents on record.

We find that the case of the complainant is crystal clear from the supporting documents. Exhibit A1 cash receipt shows that complainant paid Rs.47,996/- being the full amount of the tour package. Exhibit A2, the programme schedule shows that tour was scheduled for the period 29/04/2010 to 04/05/2010. Exhibit A3 is e-mail letter sent by the complainant 3 days before the scheduled date requesting to furnish details of the programme. Exhibit A4 is the e-mail letter sent by the complainant just one day before the scheduled date. Exhibit A5 is the registered letter claiming return of the amount already paid.

On going through the documents we find that the act of opposite parties amounts to clear deficiency in service on their part. Opposite parties has a bounden duty to render service as promised. Opposite parties has not taken any pain even to intimate the cancellation even though complainant was keeping in touch with the opposite parties. Definitely the complainant and his family has suffered mental agony due to the act of opposite parties.

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In view of the above stated facts and circumstances of the case, we allow the complaint.

Opposite parties are jointly and severally directed to pay complainant an amount of Rs.47,996/- with 12% interest from 10/09/2009 to the date of order together with Rs.10.000/- as compensation and Rs.1,000/- as cost of the proceedings. Order shall be complied within one month from the date of receipt of order failing which the whole amount shall carry interest @ 9% p.a from the date of order till realization.

Pronounced in the open court on the 25th day of September 2010

PRESIDENT (SD)

MEMBER (SD)

MEMBER (SD)

APPENDIX

Date of filing : 13/07/2010

Witness examined on the side of Complainant

Nil

Witness examined on the side of Opposite party

Nil

Exhibits marked on the side of the complainant

1. Ext. A1 – Copy of cash receipt dated 10/09/2009 of Vivekananda Travels

2. Ext. A2 - Copy of programme schedule

3. Ext. A3 – Copy of e-mail letter sent by complainant

4. Ext. A4 – Copy of e-mail letter sent by complainant on 8^th April 2010

5. Ext A5 – Copy of registered letter dated 17/05/2010

6. Ext A6 - Postal receipt of registered letter

7. Ext. A7 - Copy of acknowledgement card

Exhibits marked on the side of the Opposite Party

Nil

Forums Exhibits

Nil

Cost (allowed)

Rs.1,000/- (Rupees One thousand only) allowed as cost of proceedings