BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 21^st DAY OF FEBRUARY 2022

ORDER

SRI.K.S.BILAGI, PRESIDENT

1. This joint complaint has been filed under Section 12 of C.P.Act against the OP for the following reliefs against the OP:-

(a) To direct the OPs to refund the entire amount of Rs.4,06,351/- with an interest at 18% p.a. from the date of payment till the date of refund to the complainant.

(b) To direct the OPs to pay Rs.2,00,000/- towards penalty and compensation to us for the mental agony, loss and damage caused by the OPs to the complainants.

(c) To take strict action against the OP for harassing the complainant.

(d) To direct the OP to pay cost of the proceedings.

2. The case set up by the complainant in brief is as under:-

The OP persuaded the complainant to go for Umrah Pilgrimage for Rs.35,000/- package.  Believing the words of the OP, the complainant No.1 has paid Rs.73,882/- for self and his wife, complainant No.2 has paid Rs.1,47,764/- for himself, his wife and two sisters and complainant No.3 has paid Rs.1,84,705/- to the OP for herself, her husband and three children.  But, OP failed to make arrangement for the tour.  Even though, he informed the complainants that Etihad Airways travel are booked and Etihad Airways leaving Bengaluru at 4.40 AM.  The OP being the travel agent took the money for the tour of the complainants from Bengaluru to Abi Dhabi and Medina and return to Bangalore.  But, OP neither took the complainants on tour not refunded the amount.  The act of the OP amounts to deficiency of service.  Despite notice dated 20.12.2019, OP failed to settled the claim of the complainants.  Therefore, the complainants are forced to file this complaint.

3. Despite receipt of notice, intentionally OP failed to appear before this District Forum.  Subsequently, OP appeared through his counsel and filed version.  The OP has no connection with the complainants and complainants have no locus-standee to file the complaint.  The alleged payment cannot be presumed to be that of complainants.  The complainants have not produced any document to show including their name in the alleged trip.  The complainants have not produced documents to show that they applied for Umrah Pilgrimage.

4. The OP used to send about 50 persons atleast 4 to 5 times in a month for Umrah Pilgrimage. Due to reluctant attitude of the complainants, the OP has suffered.  Mr.Shine Mohammed got registered case against the OP in the RT Nagar Police for offence punishable under Section 420 of IPC. There is no deficiency of service.  OP requests to dismiss the complaint.

5. Affidavit evidence of complainant No.1 has been filed and complainants rely on nine documents. No evidence is adduced by the OP.  Heard the arguments of complainant No.3. No arguments is advanced on behalf of OP. We perused the written arguments of the complainants.   

6. The following points arise for our consideration as are:-

1. Whether the complainants prove deficiency of service on the part of OP?
2. Whether the complainants are entitled to relief mentioned in the complaint?
3. What order?

7. Our answers to the above points are as under:

       Point No.1:  In the affirmative

      Point No.2: Affirmative in part

      Point No.3: As per final orders

REASONS

8. Point Nos.1 and 2:  Even though, OP appeared and filed version denying is liability.  But, he has not lead any evidence.  Whereas the allegations made in the complaint are being spoken by complainant No.1 in his affidavit evidence. According to the complainants in all they have paid Rs.4,06,351/- to the OP i.e. complainant No.1 has paid Rs.73,882/-, complainant No.2 paid Rs.1,47,764/- and complainant No.3 has paid Rs.1,84,705/-.  The OP denies payment of any money to him.
9. The complainants rely on nine documents in support of their case.  Ex.A.1 and A.2 indicate that complainant No.1 has transferred Rs.75,000/- and Rs.,1,00,000/- through his bank account. Ex.A.3 and A.4 indicate that complainant No.2 has transferred Rs.30,000/- and Rs.80,000/- to the account of OP who run Karwan E Haramani International Tours. Ex.A.5 indicates that Karwan E Haramani International Tours and Travels received Rs.35,000/- towards Umrah Pilgrimage from Shine Mohammed.  Even though there is a reference of Rs.15,70,000/-.  But, this receipt does not indicate the name of the complainants and their family members.  Ex.A.6 does not disclose the names of complainants.  But Ex.A.7 and admission of OP indicate that the complaint has been filed against the OP who is the Proprietor of Karwan International Tour and Travels.  According to the OP, he has been arranging tour and travels for 50 people 4 to 5 times in a month.  The OP has not stepped into witness box to deny the documents and evidence of the complainant No.1.  The complainants got issued legal notice as per Ex.A.8 through registered post, called upon the OP to refund Rs.4,06,351/- with interest and compensation.  Despite receipt of this notice, the OP neither issued reply nor complied the request of the complainants.
10. The documentary evidence produced by the complainants only indicate that the complainant No.3 has paid Rs.1,75,000/- and complainant No.2 has paid Rs.1,10,000/- to the OP.  The complainant No.1 has not produced any document to show the payment of any money to the Op.  The complainant Nos.3 and 2 only prove the payment of Rs.1,75,000/- and Rs.1,10,000/-/ transferred from their account to OP. The OP does not deny his bank account No.06981010001969.  Even though, complainant No.1 claims payment of Rs.73,882/-.  But, the complainant No.1 neither produced the bank statement nor any document to prove this payment.  The complainant Nos.3 and 2 only prove the payment of Rs.1,75,000/- and Rs.,1,10,000/- to the OP respectively. The OP failed to refund this amount.  The complainant Nos.3 and 2 only able to prove the payment to OP and deficiency in service on the part of OP.  The complainant No.1 failed to prove his contention.  Therefore, complainant No.3 is entitled to refund of Rs.1,75,000/- and complainant No.2 is entitled to refund of Rs.1,10,000/-.  Despite receipt of legal notice, OP failed to refund this money of complainant Nos.1 and 2.  Therefore, OP is liable to pay Rs.60,000/- compensation to complainant No.3 and Rs.50,000/- compensation to complainant No.2. Even though, complainants claim interest at 18% p.a. from the date of payment till realization.  When we are awarding compensation, the complainant Nos.1 and 2 are not entitled to interest. It is proper to direct the OP to refund the amount with compensation to the complainant Nos.3 and 2 within specified time.  In case of non-refund of the amount, the complainant Nos.2 and 3 are entitled to interest at 10% p.a. after expiry of stipulated time.
11. Point No.3:- view of the discussion referred above, the complaint of complainant No.1 requires to be dismissed.  The OP is liable to refund Rs.1,75,000/- with compensation of Rs.60,000/- to complainant No.3 and he is also refund of Rs.1,10,000/- with compensation of Rs.50,000/- to complainant No.2.  Complainant Nos.2 and 3 are jointly entitled to cost of litigation of Rs.10,000/-.  It is necessary to direct the OP to comply this order within stipulated time and failure to do us.  The OP is liable to pay interest at 10% p.a. after expiry of stipulated time till realization on amount to be refunded.  We proceed to pass the following 

  O R D E R

1. The complaint is allowed in part.
2. The complaint of complainant No.1 is dismissed.
3. The OP shall refund Rs.1,75,000/- with compensation of Rs.60,000/- to complainant No.3 and Rs.1,10,000/- with compensation of Rs.50,000/- to complainant No.2. 
4. The OP shall pay Rs.10,000/- towards cost of litigation.
5. The OP shall comply this order within 60 days from this date, failing which the OP shall pay interest at 10% p.a. after expiry of 60 days on Rs.1,75,000/- and Rs.1,10,000/- respectively till final payment.
6. Furnish the copy of this order and return the documents to the complainant with extra pleadings.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 21^st day of February, 2022)

Documents produced by the Complainant which are as follows:-