BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Date of filing : 19/04/2011
Date of Order : 30/06/2011
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 197/2011
Between
M.N. Mathew, S/o. Ninan, | :: | Complainant |
Advocate, M 3/77, Bethel, Indira Nagar, Kadavanthra. P.O., Kochi – 682 020, Ernakulam Dt. |
| (By party-in-person) |
And
1. Vivekananda Travels Pvt. Ltd., | :: | Opposite parties |
Rep. by its Chairman and Managing Director, 17/483 B, 1st Floor, Sreekandeshwara Temple Complex, S.K. Temple Road, Kozhikode – 673 004, Kozhikode Dt. |
| (Op.pts absent) |
2. The Branch Manager, |
|
|
Vivekananda Travels Pvt. Ltd., Branch Office, Room No. B-2109, Jawaharlal Nehru Stadium Complex, Kaloor, Kochi – 682 017, Ernakulam Dt. |
|
|
O R D E R
A. Rajesh, President.
1. The undisputed facts of the complainant's case are as follows :
The 2nd opposite party collected an amount of Rs. 1,22,000/- on 16-10-2009 from the complainant for arranging Visa to Singapore-Malaysia for the complainant and his family for 6 days from 13-04-2010. On 20-03-2010, the 2nd opposite party collected the passports of the complainant and his family to process the travel documents. However, the opposite parties did not conduct the trip for their own reasons. Thereafter, the complainant repeatedly requested the opposite parties to return the documents and to refund the entrusted money. On 15-08-2010, the 1st opposite party issued 2 cheques both dated 15-08-2010 for Rs. 75,000/- and 47,000/- respectively. But the same cheques were dishonoured by the bank stating “funds insufficient”. So, he initiated proceedings against the 1st opposite party under the Negotiable Instruments Act. The tour was cancelled only due to be deficiency in service on the part of the opposite parties and the above conduct of the opposite parties amount to unfair trade practice. The complainant is entitled to get refund of the above amount with 12% interest along with compensation of Rs. 10,000/- and costs of Rs. 5,000/-. Hence this complaint.
2. The opposite parties received the notice issued from this Forum, who opted not to contest the matter for their own reasons. Proof affidavit has been filed by the complainant and Exts. A1 to A9 were marked on his side. Heard the complainant who appeared in person.
3. The points that emanated for consideration are :-
Whether the complainant is entitled to get refund of Rs. 1,22,000/- with interest?
Compensation and costs of the proceedings?
4. Point Nos. i) and ii) :- Ext. A2 goes to show that the opposite parties have received a sum of Rs. 1,22,000/- from the complainant on 16-10-2009 for the travel of his family of 4. The tour programme was scheduled to be conducted as per Ext. A1 from 13-04-2010. Exts. A7 and A8 cheques go to show that the opposite party issued the same to discharge their primary liability. However, Exts. A7 and A8 were dishonoured for want of sufficient funds in the account of the opposite party, they are accountable. The cancellation of the tour programme that too without notice to the complainant and the subsequent issuance of Exts. A7 and A8 cheques and dishonouring of the cheques amount to not only deficiency in service but also to unfair trade practice on the part of the opposite parties. The opposite parties are answerable. Evidently, the complainant was running from pillar to post to get his grievances redressed. But the opposite parties failed to pay any attention towards the genuine demand of the complainant legally. The dream of a family of husband and wife who cherished the promise to their children of an adventure as such and the life time dream of two children also absolutely rested their faith in their parents have been shattered due to the total callousness and negligence of the opposite parties which calls for more than adequate compensation. No reason forthcoming as explanation for the above. We allow the prayer. However, this Forum is of the firm opinion that even such a compensation would not squarely abate the agony.
5. In the result, we allow the complaint and direct as follows :
The opposite parties shall jointly and severally refund Rs. 1,22,000/- together with interest @ 12% p.a. from the date of receipt till realisation.
The opposite parties shall also pay Rs. 10,000/- to the complainant as compensation for the reasons stated above.
The opposite parties shall also pay Rs. 5,000/- by way of costs of the proceedings.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in open Forum on this the 30th day of June 2011.
