By. Smt. Beena. M, Member:-
This is a complaint filed under section 35 of the Consumer Protection Act 2019.
2. Brief facts of the complaint:-
The Complainant and his wife decided to go to Bali dweep with Opposite Party on 10th of April 2023 and send Rs.50,000/- on 17.03.2023, Rs.45,000/- on 18.03.2023 through Google Pay. But the Opposite Party cancelled the journey without stating any reason. Then the Complainant asked for refund of Rs.95,000/-which was sent by the Complainant. The Opposite Party evaded without giving proper answer. The Opposite Party requested to wait sometime, but failed to act as requested. Afterwards, the Complainant lodged a complaint to the Pulpally Police station. When the Sub Inspector called the Opposite Party, they told that they would send cheque before 10th of May 2023. The cheque was received on 10.05.2023 and the Complainant presented the cheque. The bank issued the amount of Rs.45,000/- and the cheque for Rs.50,000/- dishonoured and returned with endorsement stating “funds insufficient”. Then the Complainant tried to contact Opposite Party through phone, but he did not attend the phone calls. The Complainant sent notice to the Opposite Party through an advocate, but there was no reply to the notice. According to the Complainant, the act of Opposite Party caused mental agony and financial loss to the Complainant. So, the Complainant seeking an order directing the Opposite Party to refund Rs.50,000/- and Rs.25,000/- towards compensation.
3. After the admission of the Complaint, the Commission issued summons to the Opposite Party. The Opposite Party failed to appear before the Commission, hence set them ex parte.
4. From the side of the Complainant, he filed proof affidavit in which he narrated all the allegations raised in the Complaint in detail. He was examined as PW1 and the documents produced were marked as Ext.A1 to A3. Ext. A1 is the cheque for an amount of Rs.50,000/- issued by the Opposite Party on 12.05.2023. Ext.A2 is the cheque return memo and Ext.A3 is the letter issued and sent with the cheque by the Opposite Party.
5. The Complainant’s case is that the cheque issued by the Opposite Party towards refund of the amount paid by the Complainant for the journey to Bali dweep was dishonoured due to insufficient funds. The Opposite Party did not appear before the Commission and was set ex parte by the Commission. We perused the documentary evidence of the Complainant. Ext A1 cheque dated12.05.2023 discloses that the Opposite Party issued cheque for Rs.50,000/-in the name of Complainant and Ext.A2 shows that the cheque dishonoured with memo “funds insufficient”. The onus of prove to rebut the same is upon the Opposite Party. But he did not choose to give reply to the legal notice nor contested the case before the Commission. This attitude of the Opposite Party shows that the Opposite Party purposefully issued cheque without having sufficient funds. If the Opposite Party was genuine and bonafide in discharging their duty they would have paid the amount to the Complainant soon after the cheque was dishonoured. The Opposite Party committed deficiency in service by not refunding the amount received from the Complainant for the journey to Bali dweep. The Complainant must have suffered a lot due to the attitude of the Opposite Party. So, the Opposite Party is liable to compensate the Complainant. Here the Opposite Party failed to appear and file their version for defence. Hence the following order is passed.
The complaint is partly allowed, and the Opposite Party is directed to refund Rs.50,000/- (Rupees Fifty Thousand Only) and to pay Rs.15,000/- (Rupees Fifteen Thousand Only) towards compensation. The above order shall be complied within 30 days from the date of receipt of this order, failing which the Complainant is entitled to get interest @9% p.a. on the above amount from the date of the order till realization of the full amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 13th day of October 2023.
Date of Filing:-12.06.2023.
PRESIDENT : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:-
PW1. P. P. Vasu. Retired Headmaster.
Witness for the Opposite Party:-
Nil.
Exhibits for the Complainant:-
A1. Cheque for Rs.50,000/-. Dt:12.05.2023.
A2. Return Memo. Dt:16.05.2023.
A3. Letter.
Exhibits for the Opposite Party:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
Kv/-
