Date of filing :12.4.2018

Judgment : Dt.27.12.2018

Mrs. Sashi Kala Basu, President

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Mr. Parvez Reja Khan alleging deficiency in service on the part of the opposite parties namely (1) Travel Masterz, represented by its proprietor Mrs. Arpita Chaturvedi and (2) Mrs. Arpita Chaturvedi.

            Brief fact of the Complainant’s case is that in order to go on a tour to USA to be arranged by the OP, he contacted Mrs. Arpita Chaturvedi, proprietor of  the OP Travel Masterz and on being asked as per terms and conditions, through e-mail Complainant transferred a sum of Rs.3,00,000/- for such tour through NEFT on 23.3.2017  from the petitioner’s bank. He was advised to appear before the competent authority for obtaining  VISA on 23.3.2017. But on perusal of the documents, the said authority did not allow the VISA in favour of the Complainant. So, the Complainant contacted the OP to arrange for refund of the money. But, in spite of repeated requests, the OP did not refund the said amount of Rs.3,00,000/-. So, ultimately, the present complaint is filed by the Complainant praying to direct the OP to refund the amount of Rs.3,00,000/- along with interest, to pay a sum of Rs.6,00,000/- as compensation and Rs.50,000/-  towards litigation cost.

            The Complainant has annexed the documents i.e. e-mails, regarding transferring the amount, furnishing the bank details to the OP to refund the amount, copy of the deposit slip and Complainant has also filed copy of the minute to minute programme to USA.

            On perusal of the record, it appears that vide order dt.10.9.2018 the case was fixed for ex-parte hearing as OP failed to take any step in spite of sending notice.

            So, the point requires determination is whether the petitioner is entitled to the relief as prayed for.

            Decision with reasons

            On perusal of the documents annexed with the complaint petition which are mainly e-mails, it appears that the Complainant had paid an amount of Rs.3,00,000/- by depositing the same in the name of Travel Masterz. The e-mail further shows that the tour was to the USA, but, it was ultimately cancelled. The e-mail dt.10.5.2017 sent by the OP to the Complainant at  11.48 a.m. substantiate the claim of the Complainant about booking of the tour and ultimately it was cancelled.  The OP Company assured the Complainant to give time of 90 days for refund of the amount on the ground that  all the  bookings fell in non-refundable period by the time the VISA refusal came through.

            So, on consideration of the said documents, there remains no doubt that the Complainant is entitled to the said amount deposited by him specially when, before this Forum, there is absolutely no contrary material to rebut or counter the case of the Complainant. Since the case is being proceeded ex-parte, there is no material whether towards cancellation the OPs were entitled to any deduction.

            Hence

                                              ordered

            CC/188/2018 is  allowed ex-parte. OP is directed to refund the amount of Rs.3,00,000/- along with interest on the said amount @ 10% in the form of compensation from the date of filing of this complaint petition i.e. 12.4.2018. OP is further directed to pay Rs.10,000/- as litigation cost. The entire amount shall be paid by the OP within 2 months from the date of this order failing which same shall carry interest @ 10% till its realization.