ORDER
Complaint under Sec.12 of the CPA 1986 as amended upto date
Ms. Nipur Chandna, Member
Complainant planned to visit London, Switzerland and Paris in Europe in the month of May, 2015, and as such he was in need of foreign exchange for his expenses abroad. He contacted OP to provide the relevant foreign currency and after finalization of the exchange rate, complainant purchased foreign currency from the OP.
It is alleged by the complainant that he had purchased 1500 pounds @ Rs.99/- each, 1500 Euro @ Rs.73/- each and 4000 Swiss francs @ 69/60 each all worth a total of Rs.5,37,000/- and had paid and amount of Rs.5,37,765/- to the OP on 4.5.2015.
It is further alleged by the complainant that in order to fully utilize his holidays and foreign visit, he had also purchased travel passes amounting to 295 Euro for each of his family members from the OP .
It is further alleged by the complainant that after receiving the aforesaid amount OP issued him with two travel cards one of HDFC bank for multi currency and others of ICICI bank for pounds.
It is alleged by the complainant hat as per his travel schedule, when he reached Switzerland on 8.6.2015 and tried to use travel card, he found that the card was not activated, because it did not have any money loaded in it. The complainant immediately tried to contact the office of the OP , but all in vain, and finally OP deposited 3000 Swiss francs in his travel card only in the evening of 10.6.2015.
It is further alleged by the complainant that as he had no money, the travel passes amounting to 295 Euro to each of his family members also got wasted.
IT is alleged by the complainant that as the OP did not provide the money on time his whole rip got spoiled. Complainant returned to India on 16.6.2015 and contacted the OP to refund the remaining amount, but it did not respond.
The complainant therefore approached this Forum for the redressal of his grievance.
Notice of the complaint was sent to the OP through registered AD post on 3.10.2015, which was not received back un-served, service is therefore presumed to have been effected on the OP .
Since none had appeared on behalf of the OP it was ordered proceeded with exparte.
Complainant has filed his evidence by way of affidavit, wherein he has corroborated the contents of the complaint.
We have heard arguments advanced at the bar and have perused the record.
The complainant has placed on record the copies of Air tickets, Swiss travel passes and a copy of cash memo dated 4.5.2015 to prove his story.
From the Un-rebutted testimony of the complainant as well as the documents places on record, we are convinced that the story put forth by the complainant is true.
We hold that the OP was deficient in not activating the travel card of the complainant to the tune of 4000 Swiss francs as agreed to. The OP had activated the card on 10.6.2015 instead of 8.6.2015 and had also put only 3000 Swiss francs in the same.
As a result of the aforesaid deficiency on the part of the OP , the complainant had to suffer much humiliation inconvenience harassment & mental agony in a foreign land where he was not known to anybody.
We therefore hold OP guilty of deficiency in services and direct it as under:-
- Refund to the complainant a sum of Rs.70,000/- ( Rupees Seventy Thousand only) on account of remaining 1000 Swiss Francs.
- To pay to the complainant a sum of Rs.86,140/-(Rupees Eighty Six Thousand One Hundred Forty Only ) i.e. amount spend on travel pass @ Euro 295 x 4 = 1184 Euro.
- To pay to the complainant a sum of Rs.1,00,000/-(Rupees One Lac only ) for pain and mental agony suffered by him.
- Pay to the Complainant a sum of Rs.10,000/- (Rupees Ten thousand as a cost of litigation.
The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum. If the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.
Copy of the order be made available to the parties as per rule.
File be consigned to record room.
Announced in open sitting of the Forum on.....................
