FINAL ORDER/JUDGMENT
SMT. SUKLA SENGUPTA, PRESIDENT
The complainant one Subir Swarnakar has filed this petition of complaint before this commission U/s 35 of the Consumer Protection Act, 2019 alledging inter alia that for European Summer Tour along with his family members. He filled the Registration Form of Voyegar Club Tours Pvt. Ltd. He got the tour programme. For which he paid Rs. Rs. 1,50,000/- on 24.01.2020 by cheque and thereafter he furnished paid Rs. 4,76,117/- on 05.03.2020. The photocopy of the said filled registration form, cheques and tour programme are annexed with petition of complaint.
It is further stated that due to pandemic situation the European Summer Programme was shifted by the OP members from 01.05.2020 to September, 2020 and subsequently, as the pandemic situation was going on that tour was suspended by the Voyegar Club Pvt. Ltd.
It is further alleged by the complainant that even after expiry of two years when the pandemic situation was normalised the OP-1 has failed tour arranged said European Tour for which a sum of Rs. 6,26,117/- in total has already been paid by the complainant. On several locations by telephonic calls and also through letters, the complainant requested the OP-1 either to make arrangement for the tour or refunded the money of Rs. 6,26,117/- only with interest to him but the OP-1 did not response to the complainant to that effect. It is alleged that in the mean time the OP company closed its all offices and under such circumstances, the complainant compelled to lodge a general diary against the OP company at Park Street PS. The photocopy of which has also been attached herewith. Then the complainant sent a lawyer notice through his conducting advocate to the OP company for refunding the amount of Rs. 6,26,117/- only along with simple interest @ 9 % p.a. but the OP company did not give any answer of that lawyer’s notice/letter till date. Hence, without having any other alternative, the complainant compelled to file this petition of the complaint before this commission with a prayer to direct the OP members to refund of Rs. 6,26,117/- with simple interest @ 6 % p.a. and also prayed for giving direction to the OP members to pay Rs. 50,000/- for mental agony, harassment and deficiency in service and unfair trade practice along with litigation cost of Rs. 15,000/-.
On a close scrutiny of the materials on record, it appears that even after getting notice of this case the OP members did not feel any urge to appear and contest this case. No WV has been filed from their end. As a result, the case has been proceeded ex parte vide order No. 5 dated 28.10.2022.
On the basis of the fact and circumstances of this case, it has been considered by this commission whether the complainant is entitled to get the relief as prayed for against the OP member or not.
Decision with Reasons.
On a close scrutiny of the evidence on record and documents as filed by the complainant during the course of ex parte hearing of this case .
It appears that the complainant entered into agreement with the Voyegar Club Pvt. Ltd. and put signature on its registration form for European Summer Tour. For the said tour it is also revealed from the documents as filed by the complainant that on 24.01.2020, he paid Rs. 1,50,000/- by cheque vide cheque No. 054419 dated 24.01.2020 and then also paid Rs. 4,76,117/- vide cheque No. 269372 dated 05.03.2020. so, the complainant actually paid Rs. 6,26,117/- only in total to the OP members for the proposed European Summer Tour.
It is also evident from the unchallenged testimony of the complainant and also from the documentary evidence on record that due to pandemic situation the tour was shifted to 01.05.20220 to September 2020. But allegedly even after normalisation of the pandemic situation the OP voyage Tour Pvt. Ltd. did not make any arrangement for European Summer Tour or to refund the amount of Rs. 6,26,117/- to the complainant as paid by him.
Form the unchallenged evidence on record, it is also proved that the OP company with mal intention closed all his offices and did not response to advocates letter sent by the Ld. Advocate of the complainant demanding the money paid by him as mentioned above.
Hence, the complainant claimed the amount of Rs. 6,26,117/- from the OP members along with simple interest @ 9 % p.a.
Considering the unchallenged testimony of the complainant, this commission did not find any reason to disbelieve the evidence of the complainant. The complainant could be able to prove his case beyond the shadow of all reasonable doubts and is entitled to get relief as prayed for.
In a nut shell, the case is well maintainable in the eye of law and there was sufficient cause of action to file this case as a consumer and the complainant could be able to prove by his unchallenged testimony that there was/is deficiency in service and unfair trade practice on the part of the OP members. Thus, the complainant is entitled to get the relief as sought for.
The case is properly stamped
The points of consideration is thus, favourably considered to the complainant.
Hence,
Ordered
That the case be and the same is allowed ex parte against the OP members with cost.
The complainant do get ex parte decree
The OP members are jointly or severally liable to refund Rs. 6,26,117/- only along with simple interest @ 9 % p.a. on the amount to the complainant.
The OP members are further directed to pay Rs. 50,000/- to the complainant jointly or severally for their deficiency in service and unfair trade practice along with litigation cost of Rs. 15,000/-.
The OP members are directed to comply the decree within 45 days from this date of order in default, the complainant is entitled to get interest @ 6 % p.a. on the entire amount from the date of default till realisation.
If the OP members failed to comply the decree within stipulated period as mentioned above, the complainant is at liberty to execute the decree as per law.
Copy of the judgment be delivered to the parties free of cost as per the C.P. Act and Judgment be uploaded on the website of the Commission for perusal of the parties.
