FINAL ORDER/JUDGEMENT
SHRI REYAZUDDIN KHAN , MEMBER
The case of the complainant is that the complainant and three of his family members (Total-4 persons) namely Rabindra Nath Pal ( Self/Complainant), Krishna Pal (Wife), Debabrata Pal (Brother). Malabika Pal ( Brother’s Wife) have booked for “Australia and New Zealand Tour” with OP ‘which was scheduled tp be on 23rd May 2020 from Kolkata.For the said tour –booking thr Complainant had paid the O.P Rs 200,000 (Rupees two Lakh ) on 18-11-2019 and again Rs 400,000 (Rupees Four Lakh ) on 11.02.2020.both of the payments were made by Bank Transfer.Due to out break of Covid-19 in the country the Complainant was intimated over telephone by a representative of the O.P some time during the month of April 2020 that owing to the Covid-19 situation above mentioned Tour has been postponed.Afterward the Complainant received an e-mail a communication from O.P promising there in that there representative will keep him updated about the changes and Reschdules of tour departures and Travel dates.
Thereafter the Complainant engaged in numerous Telephonic calls and also few personal visits but ultimately no positive response received from the officers of O.P.
O.P did not resist the consumer’s complainant despite service of notice .No WV has been filed by the O.P within the statutory period.Thus the case runs ex parte hearing against the O.P.
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.
Evidently, the complainant had booked the package tour to “Australia and New Zealand” scheduled to start on 23rd May 2020 from Kolkata by paying total considering amount of Rs.600,000 (Rupees six lakhs) with the O.P.On perusal of the material documents annexed with the complainant petition it is found that the complainant paid the said amount via Axis Bank Transfer of Rs.200,000 (Rupees Two Lakh ) dated 18.11.20219 and Rs 400,000 ( Rupees Four Lakhs) via Axis Bank transfer dated 11.02.2020.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 to the O.P on 07.03.2022 claiming the refund of the Advance amount of the said package tour.Photocopy of the postal track report furnished by the complainant 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 op[portunities 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 amount of Rs 600,000( Six Lakhs ) 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.
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.600,000 Rupees Six Lakhs)-to the complainant .
- OP is further directed to make payment of Rs 30,000 ( Thirty 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 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.
The instant consumer complainant is thus allowed on Ex parte 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
