Complainant’s case is that , the complainant is a Govt. servant and unmarried lady. She decided to go Andaman with other companion with her LTC service. The Op was contacted and
Op assured safe and secured travelling for travelling Andaman. Cost of journey was Rs.10,000/- each plus Airfare for 8 days around Andaman. Journey started on 22.2.2015 and returned on 1.3.2015. Accordingly , payment was made by cheque Rs.32,000/-. On the next date i.e. 15.1.2015, the petitioner issued a fresh cheque being cheque no.683804 dated 16.1.2015 of Rs.32,000/- but the petitioner was not in a position to make the tour and the petitioner informed the oP over telephone on 21.1.2015. The petitioner also requested them for cancelling Air ticket and refund the money. Inspite of request the oP only gave assurance to refund the money. Even complainant lodged FIR against OP and Op told to refund the money within one month. So on 4.5.2015 the complainant sent notice and on 9.5.2015 petitioner came to Sheoraphuly P.S. and lodged FIR against the OP. The police personnel called the Op and after warning released them. On 14.5.15 the complainant got a cheque of Rs.19,850/- dated 21.9.2015 wherein Op has deducted 35% without any cogent reason. Accordingly, finding no other alternative the complainant filed this case before this Forum.
Op filed WV denying inter alia all material allegations aroused by the complainant. It is stated that complainant only entitled to get deducting 35% + Rs.800/- each of the same . It is also stated that Air ticket would be cancelled within 15 days from the date of booking. It is also stated that Op had made other arrangement for complainant and her sister for which Op has to invest certain amount. So as per terms and condition the oP handed over the complainant a cheque bearing no.072665 dated 21.9.2015 amounting to Rs.19850/- but complainant did not encash the same and filed this case. So the complainant did not entitle to get Rs.32,000/- and
any other relief as there is deficiency in service.
Complainant filed Xerox copy of some documents , evidence in chief and WNA. Op also filed Evidence in chief and some Xerox copy of documents.
POINTS FOR DECISION
- Whether the complainant is a consumer ?
- Whether there is any deficiency in service on the part of the oP ?
- Whether the complainant/petitioner is entitled to get relief as prayed for ?
DECISION WITH REASONS :
All the points are taken together for easiness of discussion.
It is the admitted fact that complainant made contact with OP for availing the tour and to that effect complainant paid Rs.32,000/- to the Op but due to some urine infection problem as the petitioner was old lady she was unable to avail the tour and she requested the oP over telephone regarding her inability to go to Andaman and Other place. The complainant also requested the Op to cancel Airticket but inspite of that the Opposite party acted otherwise. The oP did not return the money taken from the complainant for which the complainant informed the police authority also and after that the Op deducted 35% and paid Rs.19,850/- on 21.09.2015. The OP has opportunity to take this recourse within the month of January, 2015 or within the month of February 2015 and the OP is a Travelling agent ofcourse he has some bye laws . OP had sufficient to give this amount after deduction of 35% within the month of
February. The complainant find no other ran from pillar to post for redressal of her grievances and for getting back her hard earned money. The oP did not do this. Even Op had admitted this fact so his conduct is obviously shows deficiency in service and negligence towards the customer, specially old lady in our case. So the OP is liable for deficiency in service and negligent of duty . Therefore, after a deep deliberation over the material on records which convince us that there deficiency in service of OP in complying the request of complainant. The complainant is entitled to relief as laid down in the C.P.Act, 1986 under Section 14. Hence it is –
ORDERED
That the CC case no.91 of 2015 be and the same is allowed on contest . The oP is directed to pay an A/c payee cheque in the name of complainant of Rs.32,000/- which has been taken by the oP from the complainant. The oP is also directed to issue an A/c payee cheque of Rs.10,000/- in the name of the complainant for causing mental harassment pain and agony. The oP is also directed to issue an A/c payee cheque of Rs.5,000/- in the name of the complainant for litigation cost.
The OP is directed to comply this order within 60 days from the date of this order id the complainant is at liberty to execute the order by filing Execution case.
Let a copy of this order be made over to the parties free of cost.
