DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

CASE   NO:   CC- 73 of  2023

 

1. Sri Chayan Pal,

Flat No. H/5, Geetanjali Apartments,

H.G.B. Road, Agartala, 799001,

P.S. West Agartala, 

District- West Tripura.

 

2. Dr. Supayan Pal,

S/O- Sri Chayan Pal,

Flat No. H/5, Geetanjali Apartments,

H.G.B. Road, Agartala, 799001,

P.S. West Agartala, 

District- West Tripura. ...........Complainant.

 

-VERSUS-

 

1. The Proprietor,

    Port Blair, Andaman Islands,

    Pin- 744103.

 

2. Mr. Awez Khan,

Founder, Experience Andamans,

Opposite Co- Operative Bank,

Dairy Farm Junction, Police Line,

Port Blair, Andaman Islands

Pin-744103.

 

3. Mr. Azhar Khan,

Experience Andamans,

Opposite Co- Operative Bank,

Dairy Farm Junction, Police Line,

Port Blair, Andaman Islands

Pin-744103.

 

 

4. Smt. Pavitra Vassagam

Experience Andamans,

Opposite Co- Operative Bank,

Dairy Farm Junction, Police Line,

Port Blair, Andaman Islands

Pin-744103.

 

5. Smt. Moushumi Sakhari,

Experience Andamans,

Opposite Co- Operative Bank,

Dairy Farm Junction, Police Line,

Port Blair, Andaman Islands

Pin-744103. …...........Opposite Parties.

 

   

________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

 

C O U N S E L

 

For  the  O.Ps : Exparte.

 

 

 

 

 

F I N A L    O R D E R

1. This case is filed U/S 35 of the Consumer Protection Act, 2019 by Sri Chayan Pal and Dr. Supayan Pal of Geetanjali Apartment Agartala, West Tripura here-in-after called 'the complainant No.1' and 'complainant No.2' respectively against (1)The Proprietor, (2)Mr. Awez Khan, (3)Mr. Azhar Kahan, (4)Smt. Pavitra Vassagam, (5)Smt. Moushumi Sakhari of Port Blair, Andaman Islands here-in-after called the O.P. No.1, 2, 3, 4 & 5 respectively alleging deficiency in service on the part of the O.Ps.

1.1 The case of the complainant in short is that the complainants No.1 and 2 with consultation with the O.P. No.4 booked Andaman Tour Package w.e.f. 10th March, 2023 to 17th March, 2023. Accordingly, complainant no.2 paid Rs.17,700/- as 30% advance out of total amount of Rs.59,000/- on 14th December, 2022  in the Bank account of O.P. No.2 vide UPI ID : expandamans@upi bearing transaction ID- 234899063789 vide voucher no. 73811. 

1.2 On 12th January, 2023 complainant No.2 cancelled the trip through whatsapp and phone call with O.P. No.4.  And on 18th January, 2023 requested to refund entitled amount to SBI A/C of the complainant no.2 but to no good. On 25th January, 2023  complainant no. 2 again reminded through email-info@experienceandamans.com.

1.3 On 28.01.2023 O.P. informed by email cancellation policy to complainant no.1 and confirmed the entitled amount but in vain. 

1.4 Thereafter the complainant through email, phone call, whatsapp made several correspondences on different dates but to no good. 

1.5 O.P. replied a false statement “........D-10 days before arrival there are no refunds for the tour.”  although the O.Ps were informed cancellation of the tour on 12th January, 2023 ie.., 2 months prior to the schedule tour on 10.03.2023 onwards. 

On 11th March, 2023 O.P. No.1 threatened complainant No.1 & 2 to file a defamation suit as well as to remove personal Google review.

1.7 Hence, this case complaint is filed before this Commission for getting refund of the entitled advanced amount and compensation.

 

2. The case has been proceeded exparte against the O.Ps vide order dated 06.01.2024. 

3. The complainant submitted evidence on affidavit along with documents namely copy of tour package, copy of whatsapp messages, copy of letters sent through emails.

 

4. Hearing argument following points are taken up for discussion and decision:-

  (ii) Whether the complainant is entitled to compensation as prayed for?

Decision and reasons for decision:-

5. All the points are taken up together for discussion and decision.

5.1 From the email dated 17th February, 2023 sent by the O.P. to Chayan Pal we find that the cancellation charge per person is @ Rs.1500 and refundable amount is Rs.17700 – 1500 x 3 = Rs.13200/-.  And the O.P. also asked to provide bank details of the complainant. Accordingly, the complainant also sent email to the O.P. providing all the details of account for return of the refundable amount.  It is also clear from the copy of the forwarded email of the O.P. that the O.P. have acknowledged the receipt of the amount of advance for Rs.17700/- and accordingly voucher number is provided to the complainant  i.e.., 73811. From the documents i.e., the copy of emails and copy of Whatsapp we find that the complainant advanced an amount of Rs.17,700/- to the O.P. for the tour package and cancelled the tour vide Whatsapp as well phone call dated 12.01.2023. As such such as per norms of the O.Ps the complainant had cancelled the tour much ahead of 10 days norms of the O.Ps as the complainant cancelled the tour on 12.01.2023 ie.., 2 months prior to the schedule tour on 10.03.2023 and requested the O.P. to refund the entitled amount. It is also found from the copy of the WhatsApp with the O.P. dated 16th February, 2023 that several correspondence were made with the O.P. on 24.01.2023, 26.01.2023 & 28.01.2023 requesting for refund of the entitled amount but the O.P. did not refund the amount till date.  Hence, the O.Ps are guilty of deficiency in service and are jointly and severally liable to refund the entitled amount to the complainant with interest from the date of cancellation. 

6. All the points are decided accordingly.

 

7. In the result, we direct the O.Ps to pay Rs.13,200/-(the advanced amount deducting the cancellation charges)  within 30 days along with interest @ 7.5% from date of cancellation i.e., 12.01.2023. The O.P. shall further pay a sum of Rs.50,000/- for illegal trade practice to the complainant as compensation which is inclusive of litigation cost. 

8. The case stands disposed of. 

9. Supply copy of this order to all the parties free of cost.   

Announced.

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

 

SRI SAMIR  GUPTA

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.