Adv. For the Complainant : -    Sri Radhakanta Mahakur and Others

                 Adv. For O.P                         :-      No

                Date  of filing of the Case  :-23.03.2023

                Date of Order                        :-  30.12.2023

 JUDGMENT

The fact of the case lie in a narrow compass.

1. The complainant arranged a pilgrimage  trip in the month of January 2020 Contracted with  Ramesh  Kumar , Director of Hill Top travels. At 894  Kumharan Gali, Ratanlal Market, Keseru walan, Pahadganj,New Delhi-110055, a touring company deals in tour and travels of intending persons, who is OP. No. 1 in this case. After the finalization of the tour the complainant deposited Rs.20,000/- on dt 12/02/2020 and Rs.60,000/- on

dt. 06/03/2020 as advance amount to confirm the tour and travel programme.

Unfortunately in the month of March 2020 the whole county was declared lock down by the central Government due to covid-19, and everything was stoppedand the life was paralised the people we askedto stay inside , so the programme was failed and could not be affected . The complainant requested the Travelling company to refund the advance amount but the Op. was remain silent, but on dt.22/01/2021 the OP

refunded Rs.10,000/- and again remain silent. The complainant sent a pleader notice for legal consequence after receivingof the pleader notice the O.P. returned Rs.20,000/- on 05/05/2022 and Rs.10,000/- on dt.31/05/2022 respectively and again remain silent for the payment of Rs.40,000/- The complainant made severalrequestfor the returned of the balance amount but the OP made a deaf year. Hence this case.

2. To  substantiate his case the complainant relies on the following documents.

1. Xerox copy of the Tour guide of Hill Top travels Pvt. Ltd( 2 nos ).
2. Xerox copy of pay slip dt. 12/02/2020 , 03/03/2020 and 06/03/2020 .
3. Legal notice dt. 05/02/2022.
4. Whatsapp  massages ( 4 nos )

3. Having gone through the complaint it’s accompanied documents and on hearing the complainant, prima facie it seemed to be a genuine case hence admitted  and notice to the Op was served and in response to the notice the OP did not appeared before the commission , sufficient time has been given but the OP could not turn up and filed the written version within the statutory period and fails to proves his credential , as such the OP. set exparte on dt.15-09-2023.

However the Op after receiving the notice of this commission returned the balance amount of Rs.40,000/- which transferred

electronically to the account of the complainant in the month of November which is found on the record through the petition filed on 06.11.2023 by the complainant. But the complainant prayed for the interest @ 12% P.A. of the total amount and mental agony as well as Litigation expenses. Allegation made by the complainant and the relief claimed. The OP is admitted the fact as true.

Due to the responding nature of the OP this commission pleased to exempt the interest claim by the complainant, But due to the deceptive trade practice and unfair trade practice of the OP amounts to deficiency in service which create mental agony to the complainant leads to unnecessarylitigation expensesborne by the complainant. As such we consider the case with following direction.

ORDER

The OP is directed to pay a sum of Rs.10,000/- towards mental agony and Rs.1,000/- towards Litigation expenses within one month from the date of order, failing which the entire amount shall be paid by the OP @ 12% interest per annum from the date of filing of the case till realization.

                                                                  No award as to cost.

       PRONOUNCED IN THE OPEN COMMISSION TODAY I.E   DATED  30^th   DAY OF  December’2023.