By Smt.Sreeja S, Member:
The case of the complainant is that the opposite party providing service of tour package and the complainant availed a package tour to Dubai for an amount of Rs.44,500/- and paid the amount on 20.04.2018. The tour details were provided and complainant made arrangements to attend the same but the opposite party did not take any steps to conduct the tour. On enquiry the opposite party did not respond and the complainant had to undergo severe mental agony and hardship. Hence this complaint alleging deficiency of service and unfair trade practice.
2. On receiving complaint, notice was issued to opposite parties. Substitute service was ordered and effected. Since the opposite party remained absent, hence set exparte. Thereafter case posted for complaint’s evidence.
3. From the side of the complainant, he appeared before the Forum and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He also produced 2 documents which were marked as Ext.P1 and Ext.P2. Ext.P1 is cash receipt bearing No.4286 dated 20.04.2018 and Ext.P2 is tour plan issued by the opposite party.
4. We have gone through the contents of affidavit filed by the complainant and perused the documents. Ext.P1 is the cash receipt issued by opposite party bearing No.4280 date 20.04.2018. It shows the opposite party received Rs.44,500/- from the complainant towards the tour package. Therefore said allegation of the complainant stands proved. Ext.P2 tour plan issued by the opposite party substantiate the case of the complaint. Since there is no contra evidence available before us, it only to be concluded deficiency of service and unfair trade practice has been happened on the part of opposite party towards complainant.
5. in the result, we allow the complainant, and here by direct the opposite party to return of Rs.44,500/-(Rupees Forty Four Thousand Five Hundred Only) and also to pay compensation & cost of Rs.10,000/- (Rupees Ten Thousand Only) within one month from the date of receipt of copy of this order failing which the complainant is entitled to get 12% interest for all amount till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 16th day of December 2019
Sd/- Sd/- Sd/-
Sreeja S. Dr.K.Radhakrishnan Nair P.K.Sasi, Member Member President.
Appendix
Complainant’s Exhibits
Ext.P1Cash Receipt Bearing No.4286
Ext.P2 Tour Plan issued by the opposite party.