FINAL ORDER/JUDGEMENT
SHRI REYAZUDDIN KHAN , MEMBER
The case of the complainants in brief is that the complainants in the month of March 2020,were invited in the Inner Wheel conference in Bangladesh.The OP
named as “Voyagers Club & Tours” was engaged as a travel agent(Agency) in the legal status of the respondents is of the “service Provider.”Accordingly all the participants were asked to deposit Rs,82,500/ by each member to the said travel agent for Air fare, Hotel Booking & conference Fees for the tour to Bangladesh. Due to out break of Covid-19 Pandemic in the country the government declared complete Lockdown and the said tour of Bangladesh was cancelled. The travel agency was asked to refund back the deposited amount of each member of Rs,82500/ (Rupees Eighty two thousand five hundred) their repeated request they refunded only 11,450/ (Rupees Eleven thousand four hundred fifty ) Only to each member who deposited the money for the trip.The balance amount of Rs, 71,050 was still remained due.
The complainant further stated that after several request and communication to the travel agent/OP they admitted their failure on their part for not refund of the money and assured all the participants to refund the amount as early as possible. The receipts of all the payment made to OP is noted and marked as annexures.Finding no other alternative, the applicants sent notice dated 25.04.2022 through email and asked the OP to refund the due amount but the OP did not respond to their request.To get justice the applicants knocked the door of the learned Forum for compensation for their willful gross negligence, deficiency in service and unfair trade practice.
In support of his case the complainants have tendered evidence supported by affidavit and also relied upon documents annexed with the complainant petition. Complainant has also filed written argument. We have heard argument and have also perused the record.
Decision with Reasons
Evidently,the complainants booked a tour package to “ Voyagers Club & Tour” for Bangladesh to attend a conferance of “Inner wheel” by paying the amount of Rs,82,500 by each member in which included Air fare,Hotel Booking and conference and tour expenses.But due to Covid-19 Pandemic the trip to Bangladesh got cancelled. The travel agency “Voyagers Club & Tour” was asked for refund of the amount deposited but they only refunded Rs,11450/ (Rupees Eleven Thousand four hundred fifty )Only and the remaining amount of Rs,71,050/ still due. Documents on record furnished by the complainant reveals that a notice was issued to the O.P on 25.04.2022 claiming the refund of the amount of the said package tour of Bangladesh.Photocopy of the postal track report furnished by the complainants goes to show that the said legal notice was duly received by O.P. But no communication was made on the part of the O.P with the complainant.
It is fact that no WV has been filed by the O.P though several opportunities were given to them for filling WV but they have failed to filed the same as such the allegation stated in the complaint petition remains unchallenged. Regarding this matter, we can safely state that on failure to file WV by the O.P tantamount to admission of the allegations stated in the complaint petition. Several attempts were made by the complainant from time to time regarding refund of the deposited balance amount of Rs, 71,050/ of each member but O.P deliberately neglected the complainant.
In view of the above facts it is observed by us that,it is unfortunate that OP have miserably failed to perform their responsibilities. It is not our expectation that the complainant by any means suffer from loss of money and time for the negligence on the part of the OP.Under the above circumstances ,unfair trade practice and the gross negligence and deficiency in service on the part of the OP is proved and the complainant is entitled to get relief/reliefs.
The instant consumer complainant is thus allowed on Ex parte against the OP.
Based on the above discussion we disposed of the consumer case in the following terms:-
- OP is directed to refund the balance amount of Rs.71,050 (Rupees Seventy one thousand fifty only)-to the complainants .
- OP is further directed to make payment of Rs 15,000 ( Rupees Fifteen thousand ) as compensation for harassment and mental agony caused to the complainants due to deficiency in service.
- OP is directed to pay Rs 5000 ( Rupees five thousand ) as cost of litigation to the complainants.
- Above payments shall be made within 4 weeks from the date of this order failing which the amount shall carry @ 9% p.a from the date of the order till its realization.
Copy of the judgment be supplied to the parties as per rules. Judgment be uploaded on the website of this commission forthwith for perusal of the parties
Complainant put the order in execution, if the OP transgresses to comply the order according to Consumer Protection Act, 2019 after the expiry of 60 days.
