DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the 20^th  day of August 2014

Present   : Smt.Seena H, President

             : Smt.Shiny.P.R. Member

             : Smt.Suma.K.P. Member                              Date of filing : 07/08/2013

                                                      (C.C.No.131/2013)                       

Sunilkumar

S/o.Kunjappan,

Maniyanchery,

Thenari Post, Palakkad                                    -          Complainant

(By Adv.P.Muraleedharan)

                                V/s

1.The Managing Partner Sasi

   M/s.Leisure Kerala, 39/5527, C4, 2^nd Floor,

   Square Building, Panambilly Nagar,

   Cochin – 36

2.Sasi

   S/o.Velayudhan,Karamakkal

   Residing at Vengidangu Post,

   Thrissur

3.Muhammad Mon

   S/o.Saidali,

   Mankedath Blangadu,

   Chavakkkad, Thrissur

4.Faisal.V.K.

   S/o.V.A.Kassim

   Karayankad House,

   Vadakkanchery, Palakkad

5.Kaladharan,

   S/o.Kunjumani.C

   Sreekrishna Hardware Store,

   Para, Elapully                                               -           Opposite parties  

(By Adv.K.Dhananjayan)   

 O R D E R

Order by Smt.SEENA.H, PRESIDENT

Complaint in brief.

Complainant booked a tour package through opposite party No.5 conducted by 1^st opposite party, of which opposite parties No.2 & 3 are the partners and 4^th opposite party is the Manager. It was a pilgrimage tour to Sreelanka for 7 days. Total cost per head is Rs.23,000/-. Complainant booked 4 tickets and paid Rs.50,000/- as advance on 25/02/2013. Opposite party No.5 transferred the amount to 1^st opposite party. Opposite parties informed that date and further details of the tour will be intimated within 15 days. No information was given further. On repeated enquiries opposite parties informed that they are trying to achieve the target and soon will inform the date. Nothing was done by the opposite parties. Complainant directly approached the opposite party’s office. Opposite parties assured  to arrange the tour or repay the advance amount with interest within a week. But that promise  was also not fulfilled. Hence, the complaint. Complainant prays for an order directing opposite party to pay the advance amount with interest and Rs. 1 lakh as compensation and cost of the proceedings.

Opposite party 1 to 4 remained exparte.  Opposite party No.5 admitted  the case of the complainant  that he has introduced the complainant  to 4^th opposite party and also  transferred the advance amount paid by the complainant to 1^st opposite party. According to 5^th opposite party he is not an agent of 1^st opposite party  as he has not received any remuneration and commission on account of this. According to 5^th opposite party, opposite parties 1 to 4 are only liable to the complainant.

Evidence adduced consists of the affidavit of the complainant. Ext.A1 &  A2  marked on the side of the complainant. Opposite party No.5  has not filed any affidavit or documents.

Heard the parties and has gone through the evidence on record.

Issues for consideration

      1.Whether there is any deficiency in service on  the side of the opposite

         parties ?

      2.If so, what is the relief and cost ?

Issues 1 & 2

Ext.A2 evidences the fact that an amount of Rs.50,000/- was transferred in favour of 1^st opposite party on 26/02/2013. Ext.A2 is the brochure  of the tour wherein detailed schedule for each day is  mentioned. Approximately 1 ½ years elapsed on payment of the advance amount. Opposite parties failed to arrange the tour during the period. Opposite parties  also failed to return  the advance amount on demand. The act of opposite parties 1 to 4 amounts to clear deficiency in service and unfair trade practice for which complainant is to be adequately  compensated. It is seen that opposite party 5 has transferred the amount to 1^st opposite party and there is no evidence to show that 5^th  opposite party  is the agent of 1^st opposite party and hence 5^th opposite party  is exonerated from  liability towards complainant.

In view of the above discussions, we allow the complaint and order the  following :

Opposite parties  1 to 4 jointly and severally directed to pay complainant an amount of Rs.50,000/- alongwith Rs.25,000/- as compensation and Rs.1,000/- as cost of the proceedings. Order shall be complied within a period of one month from the date of receipt of order, failing which the complainant is entitled for @9% per annum for the  whole amount   from the date of order till realization.  

 Pronounced in the open court on this the  20^th  day of  August  2014. 

       Sd/-

  Seena H

  President   

     Sd/-

 Shiny.P.R.

  Member

      Sd/-

 Suma.K.P.

 Member

                                             APPENDIX

Exhibits marked on the side of the complainant

Ext.A1 – Brochure of Tour Package

Ext.A2 – Photocopy of bank slip of Punjab National Bank for Rs.50,000/-

Exhibits marked on the side of the opposite parties

Nil

Cost

Rs.1,000/- allowed as cost of the proceedings.