DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Friday the 31th day of May 2024
CC.216/2024
Complainants
- P. Sasidharan,
‘Sayujyam’, Kuruvachalil (HO),
Chathamangalam. P.O,
Via N.I.T, Kozhikode – 673601
- Jayasmitha,
W/o. P. Sasidharan,
‘Sayujyam’, Kuruvachalil (HO),
Chathamangalam. P.O,
Via N.I.T, Kozhikode – 673601
- Chandrasekharan,
Kallathu Kuzhiyil (HO),
Chathamangalam. P.O,
Via N.I.T, Kozhikode – 673601
- Pankajavally,
W/o. Chndrasekharan,
Kallathu Kuzhiyil (HO),
Chathamangalam. P.O,
Via N.I.T, Kozhikode – 673601
- Unnikrishnan. M.K,
Mele Karaparambath (HO),
Kallathu Kuzhiyil (HO),
Chathamangalam. P.O,
Via N.I.T, Kozhikode – 673601
- Reeja. P,
W/o. Unnikrishnan,
Mele Karaparambath (HO),
Kallathu Kuzhiyil (HO),
Chathamangalam. P.O,
Via N.I.T, Kozhikode – 673601
(By Adv. Sri. Umesh Kumar. A.K, Sri. Shyam Kumar. S.U)
Opposite Party
The Manager,
Swapna Yathra Holidays,
1st Floor, Kandathil Building,
K.P. Road, Adoor .P.O,
Pathanamthitta - 691523
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
The opposite party is a tour operator offering tour package to various destinations in India and abroad. The complainants together planed a trip to North India. For that purpose, the first complainant contacted the opposite party on various dates and it was mutually agreed to fix the journey from 9th February 2024 to 15th February 2024. Rs. 15,000/- was paid to the opposite party on 08/12/2023 for train ticket booking to New Delhi. The upward journey to New Delhi was by train and the return journey was by flight.
- The opposite party had agreed to return the amount after deducting Rs.500/-in case the trip is cancelled due to unforeseen reasons. Believing the words of the opposite party, Rs. 50,000/- more was transferred to the account of the opposite party on 29/12/2023. Thus a total amount of Rs. 65,000/- was paid to the opposite party. On 30/12/2023 the opposite party informed that the flight to Kochi from Delhi was at 2.24 PM on 15/02/2024.
- The mother of the second complainant suddenly became seriously ill and was hospitalized on 16/01/2024. On that day itself, the first complainant requested the opposite party over phone to cancel the trip and refund the money, as offered early. Such a request was made well in advance before 24 days of the scheduled date. But there was no response from the opposite party. After contacting several times on 27/02/2024 the opposite party transferred Rs. 31,532/- to the account of the first complainant. Again on 11/03/2024 the opposite party offered to transfer Rs. 10,000/- more to the account of the first complainant as last and final settlement. But the complainants were not ready to suffer the loss of Rs. 33,468/- and to settle the matter as suggested by the opposite party. The opposite party has failed to comply with his own assurance. The act of the opposite party amounts to unfair trade practice and deficiency of service. They are entitled to get refund of Rs. 64,500/- after deducting Rs. 500/- from the amount of Rs. 65,000/-. Hence the complaint for refund of the balance amount along with compensation of Rs. 1,50,000/-.
- The notice issued from this Commission was duly served on the opposite party. But the opposite party did not respond to the notice and hence set ex-parte.
- The points that arise for determination in this complaint are; 1) Whether there was any unfair trade practice or deficiency of service on the part of the opposite party, as alleged?
2) Reliefs and costs.
- PW1 was examined and Exts A1 to A3 were marked.
- Heard.
- Point No 1: The third complainant, who was examined as PW1, has filed proof affidavit and deposed in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the statement of accounts, Ext A2 is the screen short of whatsapp message showing refund of Rs. 31,532/- and Ext A3 is the copy of the notice dated 06/03/2024 issued by the first complainant to the opposite party.
- The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version and contest the matter. The opposite party has 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. The case of the complainant stands proved through the testimony of PW1 and Exts A1to A3. Unfair trade practice and deficiency of service on the part of the opposite party stands proved. The complainant is entitled to get refund of the balance amount of Rs.32,968/- from the opposite party. The complainant is also entitled to get Rs. 3,500/- as cost of the proceedings.
- Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
a) CC.216/2024 is allowed in part.
b) The opposite party is hereby directed to refund Rs. 32,968/- (Rupees thirty two thousand nine hundred sixty eight only) to the complainants.
c) The opposite party is directed to pay a sum of Rs. 3,500/- (Rupees three thousand five hundred only) as cost of the proceedings to the complainants.
d) The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 32,968/- shall carry an interest of 9% per annum from the date of this order till actual payment.
Pronounced in open Commission on this, the 31th day of March, 2024.
Date of Filing: 15/04/2024
Sd/- Sd/-
PRESIDENT MEMBER
APPENDIX
Exhibits for the Complainant :
Ext.A1 – Copy of the statement of accounts.
Ext.A2 – Screen short of whatsapp message showing refund of Rs. 31,532/-.
Ext.A3 – Copy of the notice dated 06/03/2024 issued by the first complainant to the opposite party.
Exhibits for the Opposite Party
Nil.
Witnesses for the Complainant
PW1 - Chandrasekharan (Complainant)
Sd/- Sd/-
PRESIDENT MEMBER
True Copy,
Sd/-
Assistant Registrar.
