This is a complaint under section 12 of Consumers Protection Act, 1986 filed by complainant Bhaskar Bardhan wherein it is contended inter-alia to the effect that the complainant tendered an amount of Rs.5,998/- on 29/06/’12 to the O.P. under invoice no.TRNPL/DLI/2012-13/80013. Thereafter the complainant tendered a further amount of Rs.450/- against ID 1018115487 for booking processing fee of free holiday accommodation of the complainant, his wife & two children in affordable sales promotional affiliated resorts of the O.P. And as per Holiday Voucher Terms & Conditions issued by the O.P. the complainant sent his choice of booking holiday resorts at Kochi & Munar on and from 17th March, 2013 to 20th March,2013 to avail the agreed sales promotion offer of the O.P. through voucher code request form to the O.P.
The complainant further contended that since the date of making request to avail Holiday Resorts at Kochi & Munar and since purchasing the Air Tickets and Railway Tickets he had on several occasions contacted Customer Care Help Number of the O.P. but the O.P. did not confirm for intended booking Holiday Resort till the date of his journey. Due to this reson the complainant was compelled to book accommodation at Sea Lords Hotel at Kochi and at Bell Mount Hotel at Munar for the period of 17th March,2013 to 20th March, 2013 and as such he had to spend a sum of Rs.14,000/- such conduct of the O.P. amounts to deficiency in service and also restrictive trade practice on the part of the O.P. Hence this case.
Inspite of service of process upon the O.P., he did not appear to contest this case and even he did not file any W/V to contest the case. So, the case is disposed of with Ex-parte hearing against O.P.
Perused the complaint and relevant documents filed by the complainant with meticulous care. On perusal of the same we are satisfied to opine that the complainant is entitled to get relief as sought for, as the contents of the complainant being unchallenged by the O.P remain unreburted.
Thus, the case succeeds.
Hence it is
O r d e r e d
That the C.C. No. 56/2013 Under Section 12 of the Consumer Protection Act1986 filed by Bhaskar Bardhan be and the same is decreed Ex-parte against the O.P. with cost of Rs2,000/-(Rupees two thousand)only. The O.P. is directed to pay a sum of Rs6,448/-(Rupees six thousand four hundred and forty-eight)only in favour of complainant as advanced amount and booking fee.
The O.P is further directed to pay Rs.15,000/-(Rupees fifteen thousand)only to the complainant for his mental agony & harassment.
The O.P. is further directed to pay of the entire decretal amount mentioned about in favour of the complainant, within one month from this date, failing which the complainant will be at liberty to recover the said entire decretal amount along with interest @9% p.a. to be calculated on and from the date of filing of this case till liquidation of the entire decretal amount by filing a separate proceedings against the O.P. as per provision of law.
The O.P. is further directed to deposit a sum of Rs.5,000/-(Rupees five thousand)only in the name of State Consumer Welfare Fund within one month from this date.
