FINAL ORDER/JUDGEMENT
SHRI REYAZUDDIN KHAN , MEMBER
The case of the complainant is that the complainant in the month of January 2020 was induced by an advertisement of the opposite parties that the opposite parties are organizing a group tour to Europe namely “Euro Summer” in the month of April 2020.Accordingly,the complainant booked the tour package and paid an advance amount of Rs,4,00000/- ( Rupees Four Lakh) Only for three persons ,the complainant along with Swapna Bhowmick and Dona Sengupta.Believing the representation the complainant paid ..
Rs,50,000/ through IMPS on 03.02.2020,
Rs,50,000/ through IMPS on 04.02.2020
Rs,50,000/ through IMPS on 05.02.2020
Rs,50,000/through NEFT on 19.02.2020
And Rs,2,00,000/ through NEFT on 20.02.2020
Total Amount of Rs,4,00,000/ accordingly receipts were issued by the OP1 of the deposited amount in the receipt format of “Voyagers Club Tours Pvt.Ltd”
Due to out break of Covid-19 Pandemic in the country the government declared complete Lockdown and the said tour of the Europe was cancelled.
Immediately after that the complainant contacted the OPs and requested for refund of advance amount of Rs.4,00000 ( Rupees Four Lakhs) 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 the month of October ,2020 the OPs informed the complainant that the OPs have transferred Rs,1,90,000/ to the NRI account of the complainant No.2 but the complainant could not received the said amount and was again remitted back to the bank account of the OP 1. The receipts of all the payment made to OPs is noted and marked as annexures.Finding no other alternative, the applicants sent request dated 13.09.2021 through email and asked the OPs to refund the due amount but the OPs did not respond to their request.To get justice the applicants knocked the door of the learned Forum for compensation,refund of the advance money and
litigation cost for their willful gross negligence, deficiency in service and unfair trade practice.
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
Decision with Reasons
Evidently, the complainant had booked the package tour to “Europe” scheduled to start on April 2020 by paying an advance amount of Rs,4,00000 (Rupees Four Lakhs ) 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 different modes as mentioned above.
.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 through e-mail dated 23-02-2023 to the O.Ps claiming the refund of the Advance amount of the said package tour.
The OPs enter appearance through filing of WV.It contended that the petition filed by the complainant is frivolous,motivated grounds based on concocted stories.It also stated that the present complaint is not maintainable for mis-joinder and non- joinder of necessary parties.The present complaint is premature in nature and liable to be dismissed.The OPs filed the questionnaire also.After perusal of the WV it is observed that it has no leg to stand as it was a registered company under complanies Act,2013 and some officials is always be there to take the responsibility to carry forward the activities of the company and to maintain the reputation of the said Company. it is admitted and no denial fact that the complainant had paid Rs,4,00000 ( Rupees Four Lakhs ) and at the same time he had not availed the service or the said tour. The OPs also stated that the OPs have transferred Rs.1,90,000/- to the NRI account of the complainant’s wife and the was acknowledged without raising any protest. 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 400,000( Four Lakhs ) 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 OPs. OPs have miserably failed to produce any authentic document as evidence for transferred of Rs.1,90,000/ towards the complainant’s
NRI account.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.
Based on the above discussion we disposed of the Consumer Case in the following terms:-
Ordered
- OPs are directed to refund the advance amount of Rs.4,00,000 (Rupees Four Lakhs)-to the complainant .
- OPs are further directed to make payment of Rs 30,000 ( Thirty thousand ) only as compensation for harassment and mental agony caused to the complainant due to deficiency in service.
- OPs are directed to pay Rs 5000/ ( Rupees five thousand ) as cost of litigation to the complainant.
- Above payments shall be made within 8 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 merit 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.
