SRI. SAJEESH.K.P    : MEMBER

    The complainant has  filed this complaint  under Sec.35 of the Consumer Protection Act 2019,seeking  direction to  OP  to pay unpaid  balance amount of  Rs.25,000/- to the complainant with its interest and also pay Rs.50,000/-  as compensation for the mental  agony.

 Complaint in brief :-

    The complainant booked a Rajastan trip for an amount of Rs.1,00,000/- with OP and he paid the said consideration. However, on  25/2/2023 OP cancelled the trip and issued a predated cheque of HDFC Bank for an amount of Rs. One lakh which was bounced  when it is presented by complaint by stating “ fund insufficient”.  After the dishonor of cheque, OP paid Rs.25,000/- Rs.1000/-, Rs.49,000/- respectively on different dates but the balance amount of Rs.25,000/- was not  paid.  This led to hardship to complainant and hence this complaint. 

           After filing the complaint, notice was issued  and the notice was  deemed as duly served  on the OP.  The OP has  not appeared before the commission and  not  filed any version . Ultimately the commission had to  hold that the OP has no version  as such in this case  came to be proceed against the OP as  set exparte.

         Even though, the OP has remained ex-parte, it is for the complainant to establish the allegation made by him against the  OP.  Hence the  complainant was called upon to produce evidence in the form of affidavit and documents.  Accordingly the  complainant  has chosen to produce his affidavit along with list of  8 documents  marking them as Exts.A1 to  A8. Ext.A1 is the  copy of pass book of complainant issued by SBI Kannur branch dtd.22/2/2023, Ext.A2 is the letter issued by OP to complainant dtd.2/5/23, Ext.A3 is  the cheque issued by OP to complainant, Ext.A4 is the return memo, Ext.A5 is the copy of pass book issued by  SBI Kannur branch dtd.22/5/23, Ext.A6 is copy of lawyer notice, Ext.A7 is the  postal receipt and Ext.A8 is the acknowledgment card.  The complainant was examined as PW1, so the OP remain absent in this case.  At the end the commission heard the case on merit.

           Let us have a clear glance into the exhibits before the commission  in order to answer the fact in issue.   On the perusal of Ext.A1, it is evident that Rs.1,00,000/- is remitted to OP  and also Ext.A2 which was  issued by OP also admits the payment of Rs.1,00,000/- for Rajastan trip as stated in the complaint.  From Ext.A2 it is also clear that a cheque was for an amount of Rs.1,00,000/- was issued.  Ext.A3 is the cheque itself.  As per the complaint, the cheque was dishonoured and the  said averment turned  true on the perusal of Ext.A4.  On the perusal of Ext.A5 it is  apparent that Rs.75,000/- was credited to the account of complainant by OP. So, it clear that an amount of Rs.25,000/- is unpaid to complainant.  The commission has given fair chance to OP to appear and defend  and the latter choose to be remain exparte.  From  all these  documents(Exts.A1 to A8) before the commission goes in tune with the averments made by complainant in his complaint.  Hence the commission came into a conclusion that OP is liable to the default of the balance amount to be paid to  complainant and thereby practiced deficiency in service.  Therefore, the OP is liable to compensate complainant for the deficiency in service  even after the receival of full consideration for the service from OP.

       In the result complaint is allowed in part.  The opposite party is directed to pay  Rs.25,000/- which is the  unpaid balance amount to complainant and also pay Rs.7,000/- as compensation for mental agony and Rs.5000/- as cost of litigation to the complainant within 30 days of receipt of this order.  In default  Rs.25000/- carry interest @10% per annum from the date of order till realization .  Failing which complainant is at liberty to file execution application against opposite party as per the provisions of Consumer Protection Act 2019.

Exts:

A1-  Copy of bank statement

A2- letter issued by OP to complainant

A3- Cheque

A4-Return of memo

A5-copy of  bank statement

A6-lawyer notice

A7- postal receipt

A8- Acknowledment card

PW1-K.Ramachandran- complainant

Sd/                                                                      Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                          MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR