BEFORE THE BANGALORE URBAN III ADDITIONAL DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,

SHANTHINAGAR, BANGALORE–560027.

DATED THIS THE 29^th DAY OF OCTOBER 2021

CONSUMER COMPLAINT NO.324/2021

PRESENT:

Sri.C.V.Margoor, B.com, LL.M.….  PRESIDENT

Smt.L.Mamatha, B.A., (Law), LL.B.….     MEMBER

Sri. M.B. Seena, B.A., (Law), LL.B.….       MEMBER

COMPLAINANT:

Gaddala Ramaswamy Chaithanya Devi,

Aged about 27 years,

No.36, 9^th Cross, 5^th Main Road,

Krishnappa Block, Ganganagar,

Landmark-R.T.Nagar Post Office,

Bangalore, Karnataka 560010.

V/s

OPPOSITE PARTIES

Traventure Holiday Pvt.Ltd.,

Rep. by Director,

Vijayapura Narayanappa Girish Kumar,

Traventure Holiday Pvt.Ltd’s

Corporate Identifiaction Number (CIN) is

U92190KA2020PTC141243 and its

Registration Number is 141243

No.13, Chikkamma Complex

Bengalore, Karnataka-560072

By SMT.L.MAMATHA, MEMBER

******

//ORDER//

1. This complaint has been filed under Section 35 of the Consumer Protection Act, 2019 against the Opposite Party to direct to refund amount of Rs.50,150/-along with compensation amount of Rs. 30,000/- and cost of the litigation.  

2. The case of the Complainant in brief is as under:-

The complainant states that the opposite party is a registered company. On 03.04.2021 the complainant has won gift for couple in a lucky draw and opposite party called the complainant at their office.Complainant and her husband went to opposite party’s office, there they insisted and started giving their presentation and promoting their holiday packages for which they told the complainant to opt for package/services from them.Complainant is a newly wedded couple, thought it would be useful for them. Opposite Party offer five years package with an amount of Rs.50,150/- which includes three days and four nights accommodation per year for five years anywhere in India and Asian countries along with a VIP membership for life time. Complainant has paid Rs.50,150/- on 03.04.2021 through phone pay. But Opposite Party has not given the invoice and payment confirmation. Opposite Party informed the complainant that they will send payment confirmation receipt on next day but complainant did not agree for that. So the complainant decided to get rid of their services as they are not responding properly and they haven’t sent the invoice as promised. When the complainant visited Office of Opposite Party, they accepted their mistake and agreed to refund and asked the complainant to submit letter for refund. But Opposite Party fails to refund. After that through an advocate the complainant has sent a legal notice dated 08.06.2021, Opposite Party acknowledged on 15.06.2021. Opposite Party didn’t respond to that notice.

3. The complainant lodged a grievance in National Consumer Help Line with docket Number 2807563. Then the opposite party made a Call and asked the complainant’s bank details for refund. So, complainant has sent bank details  through email for which they replied back that they would refund it in part payment with deduction of GST, for which complainant didn’t accept the part payment of refund. Due to this complainant suffer mental illness. Due to deficiency of service the complainant has suffered lot. Hence, this complaint.
4. Despite receipt of notice with copy of complaint, the Opposite Party has failed to appear before this Commission and they had been placed ex-parte. 
5. In support of the complainant’s case, the complainant Smt. Gaddala Ramaswawy Chaithanya Devi has filed her affidavit by way of evidence and produced documents marked EXs.P1 to EX.P6.
6.  We have heard the arguments advanced by the complainant and the points that would arise for our consideration are as under;.

1. Whether the complainant proves deficiency of service on the part of the opposite party?
2. Whether the complainant is entitled to the reliefs claimed in the complaint?
3. What order?

7. Our findings on the above points are:-

1. Point No.1       :- In the Affirmative
2. Point No.2       :- Partly in the affirmative
3. Point No.3       :- As per final order

for the following;

:REASONS:

8. POINT NO.1:- Eventhough, the opposite party has been placed ex-parte, it is the duty of this Commission to consider the case of the complainant on merits. 
9. On perusing pleadings along with documents produced by the complainant, it reveals that the opposite party is registered company which provides holidays packages to their customers. On 03.04.2021 the complainant received call from the opposite party and informed that the complainant won gift for couple in a lucky draw and opposite party called the complainant to visit their office. Opposite party offered five years package with an amount of Rs. 50,150/- which includes three days and four nights accommodation per year for anywhere in India and Asian countries along with a VIP membership for life time. To substantiate this fact, the complainant filed her affidavit. In the sworn testimony, she produced copy of payment receipt paid through phone pay, copy of request letter for refund and copy of emails. By looking into these documents it clearly shows that the complainant has availed the service of opposite party and paid Rs. 50150/- through phone pay. But opposite party didn’t send confirmation email or invoice regarding the receipt of payment made towards their service. That is why, the complainant decided to get rid of their service as there is no proper response from opposite party. On 17.04.2021 the complainant visited opposite party’s office, there after long discussion insisted the complainant to write a request letter for refund. But opposite party neither refunded the amount nor called the complainant. So, the complainant lodged grievance in National Consumer Help Line and he sent several emails. At last on 09.07.2021 the opposite party called and asked the bank details of complainant for refund and stated that they will refund before 15.07.2021. After sending bank details, the opposite party informed that part payment will be refunded with deduction of GST but complainant not  accepted the part payment because the opposite party has not issued invoice for payment, but only given confirmation through emails. Eventhough the complainant sent several mails, the opposite party neither refunded the amount nor responded to the complainant. The evidence of the complainant remains unchallenged. Therefore, from the evidence available on record, it clearly goes to show that the opposite party has neither refunded the amount nor provided service to the complainant. If at all the opposite party refunded the amount to the complainant or provided service to the complainant, the opposite party would have appeared and filed their version and evidence. Thereby the opposite party has impliedly deemed to have admitted all the allegations made against them in the complaint. 
10. In  this context, we may refer to the decision of Hon’ble National Commission, reported in 2018(1)CPR Page No.325(NC) in Kotak Mahindra Limited Old Prudential Life Insurance Limited V/s Dr.Nishi Gupta wherein it is held that non-filing of the written version amounts to admission of allegations made by the complainant in the consumer complaint.  The oral and documentary evidence produced by the complainant remained unchallenged and undisputed.  Therefore, there is no reason to disbelieve the evidence of the complainant.   Due to the deficient service of the opposite party, complainant has suffered mental agony and financial loss. Inspite of repeated request, the opposite party never bothered to fulfill the demand of the complainant.   This clearly shows that there is deficiency of service on the part of opposite party.  Hence, Point No.1 answered in the affirmative and infavour of the complainant.  

11. POINT No.2 & 3:- In view of the findings recorded on the point No.1 holding in affirmative, the next aspect is to be considered about the relief to which the complainant is entitled.

12. The complainant sought for refund of Rs. 50,150/- which claim is fully justifiable. Because the complainant paid her hard earned money of Rs. 50,150/-. It is proper to award Rs.10,000/-compensation and  Rs.5,000/- towards cost of litigation to the complainant.

13. Accordingly we answer point 1 and 2 in affirmative and infavour of complainant and proceed to pass the following .

The complaint filed u/s 35 of the Consumer Protection Act, 2019 by complainant against the opposite party is allowed holding that there is deficiency in service on the part of the opposite party. 

The opposite party is directed to refund Rs.50,150/-to the complainant with interest at the rate of 8% p.a from the date of deposit till payment.

The opposite party further directed to pay a sum of Rs.10,000/-to the complainant as compensation for causing mental agony and Rs.5,000/- as cost of litigation to the complainant.

Supply free copy of this order to the parties.

(Dictated to the Steno, typed by her, transcript corrected, revised and then pronounced by the open Forum on 29^th day of OCTOBER 2021)

(L.Mamatha)              (M.B.Seena)                    (C.V.Margoor)

   MEMBER                  MEMBER                        PRESIDENT

//ANNEXURE//

Witness examined for the complainant side:

Gaddala Ramaswamy chaithanya Devi who being the complainant has filed her affidavit.

List of documents filed by the complainant:

1.True Copy of letter dated 1704.2021.

2.Copy of the Online complaint to the National Consumer Help Line.

3.Copies of emails.

4.Copy of transaction through phone pay.

5. Copy of postal track consignment details.

6. Certificate U/s 65(B) of Indian Evidence Act.

Witness examined on behalf of the Opposite Parties:

-Exparte-

List of documents filed by the Opposite parties:

-Nil-

(L.Mamatha)                    (M.B.Seena)              (C.V.Margoor)

  MEMBER                         MEMBER                  PRESIDENT