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.3,00,000/- 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 2nd wave of COVID -19 broke out the Complainant decided to avoid the International tour and asked the OPs to refund the deposited sum. After several persuasions and emails the OPs refunded Rs.1,50,000/- on 19/10/2020. Thereafter till date they did not pay the balance amount. Finding no other way, the Complainant approached Consumer Affairs Department on 16.07.2021 and CAD issued a notice to the OP for appearance on 16/08/2021 but the OP did not turn up. The next date fixed on 16.08.2021 and an order dated 29.08.2021 passed by the CAD upon the OP to refund the Rs,1,50,000/- to the Complainant. Till date the OPs did not take any initiative to refund the aforesaid amount to 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, the OP act as an agent on behalf of all the intending tourists for arranging their tickets, accommodation of Hotels, transportation etc. at the time of registration the Complainant entered into an agreement with the OP which contains several terms and conditions and pursuant to the said contract the Complainant is not eligible for any refund due to COVID-19. However as a good gesture at the request and upon discussion OP refunded Rs.1,50,000/- on 19/10/2020 to the Complainant. 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. 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 25/04/2020 by paying an amount of Rs.3,00,000/-. On perusal of the material documents annexed with the Complainant Petition it is found that the Complainant paid the said amount on 287/11/2019, 27/12/2019, and 17/02/2020 vide Cheque nos. 029952 dated 28/11/2019, 467443 dated 16/12/2019 and 029954 dated 17/02/2020 drawn on Federal Bank and Yes Bank. There is also no doubt that all commercial / international flights were cancelled due to COVID - 19 Pandemic from March’2020. Therefore, said trip of the Complainant automatically cancelled. Documents on record furnished by the Complainant shows that a complaint was lodged by the Complainant at CAD and a Notice was issued by the CAD in this regard to the OPs on 23/07/2021 requesting the OP to attend the tripartite meeting to be held on 16/08/2021. But no communication was made on the part of the OPs.
Ld. Advocate for the OPs argued that the complainant did not annex vital and relevant documents with the Complaint Petition. We are not inclined to consider this submission as they themselves have not furnished any document in support of their contentions.
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. However, as a good gesture OP has offered future trips to all intending tourists. 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.
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:-
- OP is directed to refund the sum of Rs.1,50,000/-to the complainant with simple interest @ 8% p.a. from date of filing of this case.
- OP is also directed to pay an amount of Rs.10,000/ as litigation cost and Rs.20,000/- as compensation for harassment and mental agony to the Complainants.
- 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.
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.
