Date of filing: 13/01/2022
Date of Judgment: 30/06/2023
Mrs. Sashi Kala Basu, Hon’ble President.
This complaint is filed by Smt. Reba Roy under section 35 of the Consumer Protection Act, 2019, against opposite party (referred as OP hereinafter) namely Voyagers Club Tours Pvt. Ltd. alleging unfair trade practice on the part of OP.
Complainant’s case in short is that to go on a Europe Tour in April 2020, she contacted OP and on being asked by the OP, paid Rs. 50,000/- to initiate the process and further paid Rs. 1,00,000/- subsequently. But due to pandemic of Covid – 19, tour got cancelled. So complainant asked for refund of sum paid by her and also to return the original passport but OP denied to return. Thus the present complaint is filed praying to direct the OP to refund Rs. 1,50,000/- , to return the passport and to pay compensation of Rs. 1,00,000/-
On perusal of the record it appears that as OP didn’t turn up on service of notice, case has been heard exparte.
So the only point requires to be considered is whether the complainant is entitled to the reliefs as prayed for?
DECISION WITH REASON
In support of her claim that towards booking for Europe tour, she paid Rs. 1,50,000/- in total to the OP, complainant has filed the two receipts dated 27.11.2019 and 19.02.2020 respectively wherefrom it is evident that the payment of Rs. 50,000/- and Rs. 1,00,000/- was received by the OP for tour to Europe in April 2020. Even though no tour programme is filed by the complainant but the said receipts sufficiently establishes her claim of booking the Europe tour and payment therein. It is a known fact that due to the situation of pandemic of Covid – 19 there was lock down during the said period and all the tour programmes and travels were cancelled. So when the tour got cancelled, complainant was entitled to refund of sum paid by her but no such refund was made by the OP. OP did not even respond to the letter sent by the complainant. So in such a situation, since before this commission, there is absolutely no contrary material to counter the claim of the complainant, she is entitled to the refund of sum of Rs. 1,50,000/- and also interest on the said sum as compensation from the date of approaching national consumer helpline i.e. 26.10.2021. However it may be mentioned that since complainant has not filed any document before this commission to substantiate her claim that original passport was also handed over, there cannot be any direction to return passport as prayed by the complainant. Even in the complaint lodged before National Consumer Helpline, there is no mention about handing over of passport.
Hence
ORDERED
CC/23/2022 is allowed exparte. Opposite party is directed to refund Rs. 1,50,000/- to the complainant along with interest on the said sum @ 7% p.a. from 26.10.2021 to till this date within 45 days from the date of communication of this order. OP is further directed to pay Rs. 5,000/- as litigation cost within the aforesaid period of 45 days. In default of payment entire sum shall carry further interest @ 7% p.a. till realisation.
