FINAL ORDER/JUDGEMENT
SHRI REYAZUDDIN KHAN , MEMBER
The case of the complainant is that the complainant in the month of January 2020 was induced by an advertisement of the opposite parties that the opposite parties are organizing a group tour to Europe in the month of May 2020.Accordingly,the complainant booked the tour package and paid an advance amount of Rs,1,00000/- ( Rupees One Lakh) Only vide cheque No.066181 of SBI dated 18-02-2020.The OPs issued the receipt of the deposited amount in the receipt format of “Voyagers Club Tours Pvt.Ltd” dated 18/02/2020 with certificate sl.no.1209.
Due to out break of Covid-19 Pandemic in the country the government declared complete Lockdown and the said tour of the Europe was cancelled.
Immediately after that the complainant contacted the OPs and requested for refund of advance amount of Rs.1,00000 ( Rupees One Lakh) only but the OPs did not hid to their request and not refunded the advance amount.The OPs assured several times to refund of the advance amount but neglected and failed to refund the amount.Thereafter the Complainant made personal visits but ultimately no positive response received from the officers of O.Ps.
In support of his case the complainant has 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 on merit and have also perused the record
Decision with Reasons
Evidently, the complainant had booked the package tour to “Europe” scheduled to start on May 2020 by paying an advance amount of Rs,1,00000 (Rupees One Lakh ) to the O.Ps..On perusal of the material documents annexed with the complainant petition it is found that the complainant paid the said amount via Sate Bank of India via Cheque No. 066181 dated 18-02-2020
.It is also a fact that all commercial/ International flights were cancelled and restrictions were imposed on travelling to Foreign countries too,therefore said trip of the complainant automatically got cancelled .Documents on record furnished by the complainant reveals that a legal notice was issued through e-mail dated 23-02-2023 to the O.Ps claiming the refund of the Advance amount of the said package tour.
The OPs enter appearance through filing of WV.It contended that the petition filed by the complainant is frivolous,motivated grounds based on concocted stories.It also stated that the present complaint is not maintainable for mis-joinder and non- joinder of necessary parties.The present complaint is premature in nature and liable to be dismissed.The OPs filed the questionnaire also.After perusal of the WV it is observed that it has no leg to stand as it was a registered company under complanies Act,2013 and some officials was always be there to take the responsibility to carry forward the activities of the company and to maintain the reputation of the said Company. it is admitted and no denial fact that the complainant had paid Rs,1,00000 ( Rupees One Lakh ) and at the same time he had not availed the service or the said tour.Later the tour was cancelled due to Pandemic. Several attempts were made by the complainant from time to time regarding refund of the deposited amount of Rs 100,000( One Lakhs ) but O.Ps deliberately neglected the complainant.
In view of the above facts it is observed by us that,it is 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 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.
Based on the above discussion we disposed of the consumer case in the following terms:-
- OP is directed to refund the advance amount of Rs.100,000 Rupees One Lakhs)-to the complainant .
- OP is further directed to make payment of Rs 20,000 ( Twenty thousand ) as compensation for harassment and mental agony caused to the complainant due to deficiency in service.
- OPs is directed to pay Rs 5000 ( Rupees five thousand ) as cost of litigation to the complainant.
- Above payments shal be made within 6 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.
The instant consumer complainant is thus allowed on merit against the OP.
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.
