FINAL ORDER/JUDGEMENT
SHRI REYAZUDDIN KHAN , MEMBER
The case of the complainant in brief is that the complainant in the month of January 2020 was induced by an itinerary of the opposite parties that the opposite parties are organizing an International Tour Programme for Alaskan Wilderness for 15 days which was supposed to be commenced from 19th July 2020.Accordingly,the complainant booked the tour package and paid an advance amount of Rs,50,000/- ( Rupees Fifty Thousand)) Only vide cheque No.961060 of SBI,Rabindranagar,Midnapore branch dated 17-01-2020.The OPs issued the receipt of the deposited amount in the receipt format of Voyagers Club Tours Pvt.Ltd dated 17/01/2020.Subsequently the complainant again paid Rs,1,00,000 (Rupees One Lac)only by another Cheque bearing no.961061 dated 10.02.2020 drawn on SBI,Rabindranagar branch. The OPs issued the receipt of the deposited amount in the receipt format of Voyagers Club Tours Pvt.Ltd dated 10/02/2020
Due to out break of Covid-19 Pandemic in the country the government declared complete Lockdown and the said tour was cancelled.
Immediately after that the complainant contacted the OPs and requested for refund of advance amount of Rs.1,50,000 ( Rupees One Lakh Fifty Thousand) only but the OPs did not pay heed 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 OPs.
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
OPs did not resist the consumers complainant despite service of notice. No WV has been filed by the O.Ps within the statutory period.Thus the case runs ex parte hearing against the O.Ps.
Decision with Reasons
Evidently, the complainant had booked the package tour to “International Tour Programme for Alaskan Wilderness ” scheduled to start on 19th July 2020 by paying an advance amount of Rs,1,50,000 (Rupees One Lakh Fifty Thousand ) 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. 961060 dated 17-01-2020 Amount of Rs,50,000( Fifty Thousand and again by Cheque no.961061 dated 10-02-2020 Amount of Rs,1,00,000(Rupees One Lac)only.
.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.
it is admitted and no denial fact that the complainant had paid Rs,1,50,000 ( Rupees One Lakh Fifty Thousand )only 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 1,50,000( One Lakh Fifty Thousand )only 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 OPs is proved and the complainant is entitled to get relief/reliefs.
The instant consumer complaint is thus allowed on Ex-parte against the OPs.
Based on the above discussion we disposed of the consumer case in the following terms-
- OPs are jointly or severally directed to refund the advance amount of Rs.1,50,000 Rupees One Lakh Fifty Thousand)-only to the complainant .
- OPs are jointly or severally 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 jointly or severally directed to pay Rs 5000 ( Rupees five thousand ) as cost of litigation to the complainant.
- Above payments shall be made within 6 weeks from the date of this order failing which the amount shall carry at the rate of 9 percent p.a from the date of the order till its realization.
- The instant consumer complainant is thus allowed on Ex parte against the OPs.
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.
