Dated:     30.01.2023  

FINAL ORDER/JUDGEMENT

SHRI REYAZUDDIN KHAN , MEMBER

The case of the complainant is that the complainant  was induced by an advertisement of the opposite parties that the opposite parties are organizing a group tour to “Australia and New Zealand” with OPs ‘which was scheduled to                                                                                                                                                                                                                    be on the month of May 2020 .Believing such representation and after due discussion and confirmations the complainant through his wife paid Rs 25,000/ ( Twenty Five thousand  Only) as a booking amount through cheque no.263568 on 04.08.2019  by the opposite party no.1 acknowledging such receipt of money for the said tour.That in the month of February 2020 the OP No.1 again insisted the complainant to pay Rs 1,75000 ( One Lakh Seventy Five thousand). Furtherance of such representation and believing upon the said representation the complainant paid an Amount of Rs 1,75,000 (Rupees One Lakh Seventy five thousand) to the OP.vide cheque no.263582 towards booking of the said tour.Due to out break of the Covid-19 Pandemic, the government of Inidia imposed lock down and suspended all domestic and international flights.Therefore the said tour was cancelled. The complainant immediately demanded to refund the deposited amount from the OPs.The OPs made promises and assured that they would refund the said advance amount of Rs 2,00,000 ( Rupees Two Lakhs ) to the complainant as the earliest.Finding no other alternative the complainant issued legal notice through his Learned Advocate and made a demand for the said amount of Rs.2,00,000 ( Rupees Two lakh) through e-mail dated 06.05.2022 along with Bank interest of 12% per annum to the OPs which have not been responded by them.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 the deposited amount including interest,compensation and litigation cost.

OPs did not resist the consumer’s complaint despite service of notice.No W V is filed by the OPs within the statutory period.Thus, the case runs Ex-parte hearing against the OP.

In support of his case the complainant has tendered evidence supported by affidavit and also relied upon documents annexed with the petition. Complainant has also filed written argument. We have heard argument on merit and have also perused the record.

Evidently, it is observed that the complainant had booked the package tour to “Australia and New zealand” scheduled to be on the month of May,2020 by paying an advanced amount of Rs 2,00,000 (25,000+1,75,000= 2,00,000) (Rupees Two Lakh) with the OPs. On perusal of the material documents annexed with the complainant petition it is found that the complainant paid the said amount 25,000 vide cheque no. 263568 dated 04.08.2019 and Rs 1,75,000 vide cheque no.263582 dated 11.02.2020.There is also no doubt and it is the fact too that all commercial/ international flights were cancelled at that time due to the 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 12.09.2022 claiming the refund of the advance amount of Rs 2,00,000 ( Two Lakh) of the said package tour.Photo copy of the postal track report furnished by the complainant shows that the said legal notice was duly received by the OPs.But no communication was made on the part of the OPs with the complainant.

It is true that no WV has been filed by the OPs though several opportunities were given to them for filing WV but they have failed 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 OPs tantamount to admission of the allegations stated in the complaint petition.Ld.advocate for the complainant submitted that OPs made verbal promises to the complainant from time to time regarding refund of the deposited sum of Rs 2,00,000 ( Two Lakh).

In view of the above facts it is observed by us that,it is unfortunate that OPs hove badly failed to perform their duties and 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 OPs.Under the above circumstances, unfair trade practice and the gross negligence and deficiency 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.2,00,000-to the complainant.

2.OPs are further jointly and severally directed to make payment of Rs.20,000/- (Twenty thousand) as compensation for the harassment and mental agony caused to the complainant due to deficiency in service.

3.Ops are jointly and severally directed to pay Rs.5,000/- (Five thousand) as cost of litigation to the complainant.

4.Above payments shall be made within 04 weeks from the date of this order failing which the amount shall  carry interest @9% p.a from the date of the order till its realization.

The instant consumer complaint is thus allowed on Ex-parte against the OPs.

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