Kerala

Thiruvananthapuram

CC/18/177

Tara Shaji - Complainant(s)

Versus

The MD,Malabar Holidays - Opp.Party(s)

12 Jul 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACADU, THIRUVANANTHAPURAM

PRESENT

                                 SRI.P.V.JAYARAJAN       : PRESIDENT

SMT.PREETHA.G.NAIR   : MEMBER

                                 SRI.VIJU.V.R.                 : MEMBER

CC.NO.177/2018 (Filed on : 16.05.2018)

ORDER DATED : 12/07/2022

 

COMPLAINANTS

 

1. Thara Shaji,

TC.5/2498, Golf Links Road,

Kowdiar, Thiruvananthapuram – 695003

 

2. Shaji.P.Desian,

TC.5/2498, Golf Links Road, Kowdiar,

Thiruvananthapuram – 695 003

 

             (Party in person)        

                                                                   VS

 

OPPOSITE PARTIES

 

1. The Managing Director,

Malabar Holidays,

Room No.53, DD Vyapar Bhavan,

K.P.Vallon Road, Kadavanthara, Pin – 682020

 

2. Mr.Vikas (The Branch Manager)

Malabar Holidays, Jyothi Krishna Building,

Jan villa Lane, Sasthamangalam - 695010

 

            (Set exparte)      

ORDER

SRI.P.V.JAYARAJAN      : PRESIDENT

1. This complaint is filed under section 12 of Consumer Protection Act 1986 and stood over to this date for consideration and this Commission passed the following order.

2.       The case of the complainants is that, the complainants contacted the opposite parties for arranging a tour package to Bali (Malaysia) from Thiruvananthapuram as the opposite parties is a tour conductor. For the said purpose the complainants paid Rs.60,000/- towards the tour package to the opposite parties. As per the instruction of the opposite parties, complainants booked air tickets from Thiruvananthapuram to Kualalumpur (Malaysia) and back on the dates fixed by the opposite parties. After booking the air tickets, the details pertaining to the tickets were forwarded to the opposite parties. For the purchase of the above referred air tickets the complainants have spent Rs.79,000/-. The proposed tour package was scheduled from 29^th April 2018 to 3^rd May 2018 which includes four nights. The complainant, his wife and fourteen year old daughter travelled from Thiruvananthapuram to Kulalumpur on the date fixed by the opposite parties as a part of tour package. When the complainants and his family members reached Malaysia, the officials at the airport refused to proceed to terminal No.2 of the Kulalumpur airport for travelling from Kulalumpur to Bali on the ground that to enter terminal No.2 of the airport a Malaysian visa is required. The opposite parties have not informed the complainants with regard to such a visa requirement from Malaysia. When the officials obstructed the travel of the complainants and his family members, they contacted the opposite parties and at that time the opposite parties informed the complainant that they will call back after getting proper information. Subsequently the opposite parties contacted the complainants and informed that Malaysia visa is mandatory to enter terminal No.2 of Kulalumpur airport and expressed their helplessness to arrange a visa at that juncture. As such the complainants and his family members were not having any other option but to prepone their return journey to Thiruvananthapuram on the same day by paying additional charges. If the opposite party who is a tour conductor was having sufficient knowledge with regard to the tour package, this confusion could have been avoided. The lack of knowledge of the opposite parties in that area has resulted lot of mental as well as financial sufferings to the complainant and his family members. The irresponsible attitude of the opposite parties spoiled the long cherished dream of the complainant and his family members to have a tour to Bali. According to the complainants the act of the opposite parties amounts to deficiency in service and unfair trade practice. The complainants after reaching home, contacted the opposite parties to refund the amount by deducting one day’s hotel accommodation charges. Inspite of repeated requests and demands made by the complainants, the opposite parties failed to refund the amount and hence the complainants approahced this Commission for redressing their grievances.

3.       After admitting the complaint, notice was issued to the opposite parties. On the date of appearance, though one counsel proposed to appear for the opposite parties 1 & 2 but not filed vakalth or written version on behalf of the opposite parties and hence on 20.07.2019 the opposite parties were called absent and set exparte. On 28.11.2019 the opposite parties filed exparte set aside petition as IA.No.230/2019 and the same was allowed on the same day on payment of cost. As the opposite parties have not represented and not paid the cost till 21.02.2022, on the ground of nonpayment of cost, IA .230/2019 was dismissed.

4.       The evidence in this case consists of PW1 and Exts.P1 to P7 on the part of the complainants. The opposite parties being declared exparte, there is no oral or documentary evidence from the side of the opposite parties.

Points for consideration

              1)  Whether there is any deficiency in service on the part of the

                   Opposite Parties as alleged by the complainants ?

              2)   Whether the complainants are entitle for the relief claimed in the

                   complaint ?

             3)   Order as to cost ?

 

              5.  Heard. Perused records. To substantiate the case of the complainants the first complainant sworn an affidavit as PW1 and Exts.P1 to P7 were produced and marked. Ext.P1 is the copy of e mail. Ext.P2 is the copy of booking confirmation. Ext.P3 is the copy of tour package details. Ext.P4 is the copy of details of air ticket to Bali. Ext.P5 is the details of account statment of Bank. Ext.P6 is the copy of details of air ticket. Ext.P7 is the copy of details of air ticket. In the absence of any contra evidence from the side of the opposite parties, the evidence adduced by the complainants stands unchallenged. By swearing an affidavit by the first complainant as PW1 and by marking Exts.P1 to P7, we find that the complainants have succeeded in establishing their case put forward against the opposite parties in the absence of any contra evidence from the side of the opposite parties. The reference of Exts.P1 to P7 will got to show that the complainants have suffered mental agony as well as financial loss due to the act of the opposite parties. We find that from the available evidence before this Commission, it is evident that there is deficiency in service on the part of the opposite parties which lead to great mental agony and financial loss to the complainant. Hence the opposite parties are liable to compensate the loss sustained by the complainants. In view of the above discussions we find that this is a fit case to be allowed in favour of the complainants.

          In the result, the complaint is allowed. The opposite parties 1 & 2 are jointly and severally liable to refund of Rs.60,000/-along with Rs.1,00,000/- as compensation to the complainants and also directed to pay Rs.2500/- being the cost of this proceedings within 30 days from the date of receipt of this order, failing which the amount except cost shall carry interest @9% per annum from the date of order till realization.

                 A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

                Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 12^th day of July 2022.

 

                                                                                Sd/-

P.V.JAYARAJAN   : PRESIDENT

 

                                                                                           Sd/-

  PREETHA .G.NAIR: MEMBER

 

                                                                                             Sd/-

VIJU.V.R     : MEMBER

 

 

 

 

Be/

 

APPENDIX

CC.NO.177/2018

List of witness for the complainant

PW1                      - Thara Shaji

List of Exhibits for the complainant

Ext.P1                   - Copy of e- mail

Ext.P2                   - Copy of booking confirmation.

Ext.P3                   - Copy of tour package details

Ext.P4                   - Copy of details of air ticket to Bali.

Ext.P5                   - Details of account statement of Bank.

Ext.P6                   - Copy of details of air ticket.

Ext.P7                   - Copy of details of air ticket

List of witness for the opposite parties – NIL

List of Exhibits for the opposite parties – NIL

Court Exhibits                                   - NIL

      

 

                                                                                                  Sd/-

                                                                             PRESIDENT