This is a complainant U/S 12 of C.P.Act, 1986 filed by complainant utpal Sinha wherein it is contended interalia to the effect  that on 29/06/’12 the complainant tendered Rs.5,998/- to O.P. under invoice no. TRNPL/DLI/2012-13/80013 and obtained Membership under O.P. subsequently the complainant tendered a sum of Rs.450/- to O.P. against IS1018111709 towards booking processing fee. The above mentioned tendered amount was paid for free holiday accommodation of the complainant and his wife & daughter in affordable Sales Promotion Affiliated Resort of O.P.  While the complainant making payment of Rs.450/- to O.P. against the said transaction on 14/09/’12 the complainant sent his choice for booking holiday resort at Kochi & Munar for the period from 17/03/’13 to 20/03/’13 with an intension to avail the agreed sales promotion offer of the O.P. The said request was sent by complainant through Voucher Code Request Form to O.P. against booking ID1017832041. The said confirmation of the O.P. was received by complainant through E-mail of the O.P. who confirmed the said online payment of Rs.450/- against above mentioned transaction for the said travel the complainant purchased Railway Tickets for under taking journey to Kochi and also purchased Air Tickets & Railway Tickets for return journey at a consideration price to enjoy the holiday events. Since making tender and payment towards booking of the accommodation and also since purchase of the Railway & Air tickets the complainant contacted the O.P. on several occasions through Customer Care Help Desk Number of O.P. ,but no confirmation was received by the complainant from the O.P. till 12/03/’13 and this very conduct of the O.P. amounts to deficiency in service of the O.P. Subsequently after arrival at Kochi on 17/03/’13 the complainant somehow managed to get accommodation at Bell Mount Hotel at Munar from 17/03/’13 to 20/03/’13 at his own cost. 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 on  perusal of the same we got no material to rebut the contents of the complaint. The averments  mentioned in the complaint 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.Case No.:-58/2013 under section 12 of C.P.Act 1986 filed on behalf of complainant Utpal Sinha be and the same is decreed Ex-parte against O.P. with cost of Rs.2,000/- to be paid by the O.P. in favour of the complainant.

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 payment of 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 off the entire decretal amount mentioned above 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.