BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Date of filing : 07.07.2014

Date of Order : 17.03.2016

Present :-

Shri. Cherian. K. Kuriakose, President.

Shri. Sheen Jose, Member.

Smt. V.K. Beena Kumari, Member.

C.C. No. 515/2014

Between

And

O R D E R

V,K. Beena Kumari, Member

A brief statements of facts of this consumer complaint is as follows :

The complainant in this case Smt. Devu Panicker is a housewife leading retired life and the opposite party is doing business of Pilgrimage by conducting tour-operation to Kailasa, Himalaya etc. The complainant used to attend the Geetha classes conducted by the opposite party at Kochi and she joined the Kailasa Yathra conducted by the opposite party in May 2013, for which she paid an amount of Rs. 1,25,000/- to the opposite prty on 29.01.2013. Thereafter the opposite party collected an amount of Rs. 10,000/- towards security deposit on 26.03.2013 and promised the complainant to return the security deposit after the journey. The journey to Kailasam via. Delhi through China started on 17.05.2013 and ended on 30.05.2013. The journey upto Delhi was by flight and from Delhi to Nepal by Bus by crossing China border. On 28.05.2013 towards the fag end of the journey the tour party reached Nepal and there they met Swami Sandeepananda Giri, who promised that the security deposit of Rs. 10,000/- will be returned within 3 months. But no refund was effected even after the lapse of 12 months. The opposite party being a charitable institution is not supposed to act like a profit motive company looting the aged complainant. Therefore the complainant through this complaint prayed for a direction from this Forum to the opposite party to refund Rs. 10,000/- to the complainant and to pay Rs. 5000/- to the complainant towards compensation for the mental agony suffered by the complainant and to pass any other such order as the Forum may deem fit and proper in the interest of justice.

2. Notice was issued to the opposite party from this Forum and the opposite party filed its version in response to the notice issued, wherein the opposite party denied all the contentions and averments raised by the complainant and contended that the complaint is not maintainable. It is submitted that the complainant had paid Rs. 1,25,000/- towards the total expenses for the Manasa Sarovar Journey and that the opposite party had collected Rs. 10,000/- towards security deposit from the complainant to meet untoward and expected obstacles that may happen in the Kailas -Manasa sarovar journey. It is submitted that while the team reached at Manasa sarovar, in addition to the details given in the itinerary, there was an additional hotel expense and from Manasa sarovar, the journey was continued in an ozone-bus for which extra service charge was being given and the details of extra expenses incurred were informed to all the team members including the complainant. The contention of the complainant that when the travellers reached Nepal, the opposuite party assured all the parties that the security deposit of Rs. 10,000/- would be returned within 3 months is absolutely incorrect and hence denied. It is submitted that the opposite party had not committed any breach of contract hence the opposite party is not liable to return any amount to the complainant. It is prayed that the complaint may be dismissed with costs to the opposite party.

3. The evidence in this case consisted of the documentary evidences filed by the complainant marked as Exts. A1 and A2 and the proof affidavit filed by the complainant. The opposite party has adduced no evidence either orally or by documentary evidence. When the case was posted for final hearing the opposite party was absent. Hence the complainant was heard.

4. On the pleadings of the parties to the complainant, the following issues were settled for the consideration of this Forum :-

1. Whether the complaint is maintainable before this Forum?

   ii. Whether the complainant has proved deficiency in service

   on the part of the opposite party ?

   iii. Whether the opposite party is liable to refund Rs. 10,000/-

   to the complainant which was collected from the

   complainant towards security deposit for the journey ?

   iv. Whether the opposite party is liable to pay Rs.5000/- towards

   compensation for the mental agony suffered along with costs

   of proceedings ?

    

    

5. Issue Nos. (i) and (ii) :- The opposite party, the school of Bhagavad Gita represented by its managing trustee Swami Sandeepananda Giri contended in its version that this complaint is not maintainable and it is requested that the issue of maintainability may be heard as a preliminary issue. The opposite party simultaneously filed an interim application vide I.A. No. 829/2014 raising the question of maintainability of this complaint and the above said interim application was kept in abeyance on 13.10.2014 since no evidences or reasoning presented before this Forum and detailed evidence was required in this case to come to a conclusion in the matter. Even at the time of final hearing of the case the opposite party has not produced any evidence in support of their contention that this complaint is not maintainable. On consideration of the facts we find that the security deposit was collected from the complainant to meet urgent service expenses of any untoward or unexpected obstacles that may happen during the journey. The complaint is found maintainable before this Forum since there is promised services for the money paid. The Interim Application in I.A. No. 829/2014 is therefore found not allowable and is therefore dismissed. The main request of the complainant is that the security deposit of Rs. 10,000/- collected by the opposite party from the complainant may be refunded. The said amount was paid on 26.03.2013 to meet any untoward or unexpected obstacles that may happen during the Kailas -Manasa Sarovar journey. There is no objection to the contention of the complainant that she had paid Rs. 1,25,000/-. The above payment is evidenced by Ext. A2 receipt dated 29.02.2013 issued by the opposite party, school of Bhagavad Gita and the payment of security deposit of Rs. 10,000/- is also evidenced by Ext. A1 receipt issued by the opposite party. The request of the complainant is to issue an order from this Forum directing the opposite party to refund the amount of security deposit of Rs. 10,000/- to the complainant since no untoward incidents happened or unexpected obstacles appeared during the Kailas – Manasa sarovar journey. The opposite party on the other hand, submitted in its version that on arriving at Manasa sarovar there was an additional hotel expense, that from Manasa sarovar the journey continued in an ozone-bus (environment free) extra service charge was given by the opposite party, that all these details of extra expenses were informed to all the members of the team. But the above contention are not supported by any positive evidences. The opposite party has not even cared to enter the witness box to give oral evidence in support of the above contentions raised. Therefore we are not in a position to accept the above contentions raised by the opposite party. Hence not accepted. The complainant had also filed proof affidavit in support of her contention. The complainant appeared before the Forum to give oral evidence on 19.01.2016. But the opposite party did not avail the opportunity to cross-examine the complainant so as to revert contentions of the complainant. Thus we find that this complaint filed before the Forum is maintainable and the complainant has eminently proved that there is deficiency in service on the part of the opposite party through the evidences produced and proof affidavit filed before this Forum. The issue Nos. (i) and (ii) are thus decided in favour of the complainant.

6. Issue No. (iii) :- In the circumstances of the 1^st and 2^nd issues are decided in favour of the complainant, we find that the opposite party is liable to refund the security amount of Rs. 10,000/- to the complainant.

7. Issue No. (iv) :- The complainant requested for refund of the security deposit of Rs. 10,000/-. Had the opposite party refunded the said amount, the complainant would not have filed this case. We find that the complainant is entitled to get compensation and costs of proceedings for the mental agony suffered and for the expenses incurred to conduct the case before this Forum. We fix Rs. 3000/- towards compensation and Rs. 2000/- towards costs.

In the result, the complaint is partly allowed and we issue the following directions :-

1. The opposite party shall refund the security amount of Rs. 10,000/-

to the complainant within 30 days from the date of receipt of a

copy of this Order.

2. The opposite party shall also pay Rs. 3000/- towards compensation

and Rs. 2000/- towards costs.

3. If the security amount is not paid within 30 days from the date of

receipt of a copy of this Order, the amount would carry 12 %

interest from the due date of payment till realization.

Pronounced in the open Forum on this the 17^th day of March, 2016.

Sd/- V.K. Beena Kumari, Member.

Sd/- Cherian. K. Kuriakose, President.

Sd/- Sheen Jose, Member.

Forwarded / By Order

Senior Superintendent

Date of despatch of the order :

By Post :

By Hand :

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :- Nil