This is a complaint under section 12 of Consumers Protection Act, 1986 filed by complainant Tapas Sarkar wherein it is contended inter-alia to the effect that on 29/06/’13 the complainant tendered an amount of Rs.5,998/- to the O.P. under Invoice No. TRNPL/DLI/2012-13/80013, Order No.90136 and obtained Membership No.BIT120201225 under O.P. subsequently the complainant tendered a sum of Rs.450/- to O.P. towards booking processing fee of free holiday accommodation of the complainant, his wife, one son & one daughter in affordable sales promotional affiliated resorts of the O.P. while the complainant was making payment of Rs.450/- against Transaction No. ID 1018111613 on 14/09/’12 he sent his choice of booking holiday resorts at Kochi & Munar for the period of 17th March, 2013 to 20th March,2013 with an intention to avail the agreed sales promotion offer of the O.P. and request of choice was sent to O.P. by complainant through Voucher Code Request Form. The
O.P. confirmed this payment of Rs. 450/- against Transaction No. ID1018111613 onm 14/09/’12 through E-mail and by this confirmation the complainant purchased Railway tickets for himself, his wife and son and daughter and also purchased Air ticket for returning back and he informed the O.P. regarding this purchase of tickets and the matter of purchase was duly communicated by complainant to O.P., but till 12/03/’13 while the complainant got no information from O.P. regarding confirmations of accommodation at kochi & Munar he was very much anxious of the will ful misconduct and deficiency in service on the part of the O.P. towards the complainant. However after arrival on 17/03/’13 at Kochi while the complainant was declined by O.P. towards confirmation of his booking of Holiday Resort by the O.P., the complainant was compelled to get accommodation at Sea Lords Hotel at Kochi and Bell Mount Hotel at Munar for the period of 17/03/’13 to 20/03/’13 by spending sum of Rs.14,000/-. Inspite of having necessary fees etc. when the O.P. could not give accommodation to the complainant, it created deficiency in service made by O.P. Hence, this case.
Inspite of having process when the O.P. did not contest this case and even didn’t file any W/V, the case is being disposed of with Ex-parte against the O.P.
We have perused the complaint and the documents filed with meticulous care and perusal of the same we got no material to rebut the contents of the complaint. The averments has mentioned in the complainant being unchallenged by O.P. remain unrebutted. Resultantly we do hold that the complainant is entitled to get relief as shought for.
Thus, the case succeeds.
Hence, it is
ORDERED
That the C.C. No. 57/2013 Under Section 12 of the Consumer Protection Act1986 filed by Tapas Sarkar 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.
