FINAL ORDER/JUDGEMENT

Smt. SAHANA AHMED BASU, Member,

The case of the Complainant in short, is that, being convinced by the representation of the OPs through itinerary the complainant booked a package tour to Europe called as EURO SUMMER for 16 nights/17 days in the year 2020 by paying an amount of Rs.1,70,000/- for two in connection of the said tour through cheques on several dates. The proposed tour was to start on 25/04/2020. Due to outbreak of Corona Virus Pandemic, Government of India declared lockdown on and from 24/03/2020 to 31/05/2020 and during this period all international flights has been suspended. Therefore, the OPs has been cancelled the said package tour. Thereafter, the Complainant demanded refund of the said sum of consideration from the OPs. OPs made verbal promise to refund the amount within a short span of time and also assured to provide another tour programme. In the meantime, when 2^nd wave of COVID -19 broke out the Complainant decided to avoid the International tour and asked the OPs to refund the deposited sum. But despite several persuations and emails the OPs did not refund the said deposited amount. Finding no other way, the Complainant issued a legal notice to the OPs on 08/02/2022 claiming refund of the entire sum of Rs.1,70,000/- which have not been responded by OPs. Till date the OPs did not take any initiative to refund the deposited amount paid by the Complainant.  Alleging unfair trade practice and deficiency in service on the part of the OPs, the Complainant has filed the present complaint seeking refund of deposited amount  including interest , compensation and litigation cost .

OPs contested the Consumer Complaint by filing WV and denied all allegations made out there. The case of the OPs is that the present Complaint is based on motivated grounds and concocted stories. There is no proximate cause of action arose against the OPs as alleged in the petition. Further, due to COVID-19 tourism industry became worst sufferer and their business has been jeopardized. Moreover, the MD of the OP1 namely Indrajit Sarkar expired on 13.05.2020 and OPs 2, 3 and 4 have also tendered their resignation from Directorship. As such, the present Complaint is liable to be dismissed.

In support of his case the Complainant has tendered evidence supported by affidavit and also relied upon documents annexed with the complaint petition. Complainant has also replied the questionnaire of the OPs set forth by their adversaries. OPs did not adduce any material documents and failed to file E/chief and BNA. The Complainant has filed written argument. We have heard argument on merit and have also perused the record.

Evidently, the Complainant had booked the said package tour with the OPs called EUROPIAN SUMMER scheduled to start from 23/04/2020 by paying an amount of Rs.1,70,000/-. On perusal of the material documents annexed with the Complainant Petition it is found that the Complainant paid the said amount on 16/11/2019, 28/12/2019, and 03/03/2020 vide Cheque nos.027031 dated 16/11/2019, 027032 dated 28/12/2019 and 027034 dated 03/03/2020 drawn on Axis Bank Ltd. There is also no doubt that all commercial / international flights were cancelled due to COVID - 19 Pandemic. Therefore, said trip of the Complainant automatically got cancelled. Documents on record furnished by the Complainant reveals  that on behalf of the complainant a Legal Notice was issued to the OPs on 28/02/2022 claiming the refund of consideration amount of Rs,1,70,000/- regarding the said package tour. But no communication was made on the part of the OPs with the complainants.

Ld. Advocate for the OPs Argued that the complainant did not annex vital and relevant documents with the Complaint Petition. Photocopies of the money receipts issued by the OPs do not support this contention.

It is also submitted by the Ld. Advocate for the OPs that due to COVID – 19 tourism industry became huge sufferer and accordingly business of the OPs jeopardized. In our considered view, such a plea cannot be accepted as it has appeared as an unfair trade practice on the part of OPs to collect money from the prospective tourists. It is the duty of the OPs to refund the deposited amount to their customers as the prospective tour forced to cancel due to unavoidable circumstances.

It is also submitted by the Ld. Advocate for the Complainant that MD of the OP1 is expired and the OPs 2, 3, and 4 are resigned from the Directorship of the OP1. But not a single scrap of paper is adduced by the OPs in this regard. Therefore, there is no evidentiary value of this submission to us.

In view of the above facts it is observed by us that, it is very unfortunate that OPs 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 utter negligence on the part of the OPs. Under the above circumstances, unfair trade practice and the gross negligence and deficiency in service on the part of the OPs is proved and the complainant is entitled to get relief/ reliefs.

 Based on the above discussion we disposed of the consumer case in the following terms:-

1. OPs are jointly and severally directed to refund the sum of Rs.1,70,000/-to the complainant with simple interest @ 8% p.a. from the respective date of payments together with litigation cost of Rs.10,000/ and Rs.20,000/- for harassment and mental agony to the Complainants.
2. Above payments shall be made within 06 weeks from the date of this order failing which the deposited amount shall carry interest @ 9% p.a. from the date of the order till its realization.
3. The instant Consumer Complaint is thus allowed on contest against the OPs.

Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order.

Copy of the judgement be supplied to the parties as per rules. Judgement be uploaded on the website of this Commission forthwith for perusal of the parties.