KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL NO. 25/14

JUDGMENT DATED:27.05.2014

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                        :  PRESIDENT

SHRI.V.V. JOSE                                                                   : MEMBER

Royal Omaniya Tours and Travels Pvt. Ltd.,

Palal Towers, Ravipuram, M.G.Road,                           : APPELLANT

Kochi, R/by Managing Director.

(By Adv: Sri.K.J. Kuriachan)

            Vs.

Antony, S/o Porinchukutty,

Tharakan House, Main Road,                                         : RESPONDENT

Koonammoochy.

JUDGMENT

JUSTICE SHRI.P.Q. BARKATH ALI : PRESIDENT

This is an appeal filed by the opposite party in CC.575/10 on the file of CDRF, Thrissur challenging the order of the Forum dated, May 28, 2013 allowing the complaint.

2.      The case of the complainant as detailed in the complaint before the Forum in brief is this:-

The complainant and his wife arranged a European Tour to the countries including Rom, Italy, Vatican and France conducted by the respondent Tour Company.  Rs.50,000/- was paid on 10.3.2010 and balance amount of Rs.1,48,000/- on 13.5.2010.  On the previous day of the proposed tour he was informed that they could not make the tour.  Opposite party returned only Rs.1,82,000/- and retained Rs.16,000/-.  Complainant filed the complaint for realizing that amount.

3.      Though notice was received by the opposite party they remained absent before the Forum.  Therefore complainant filed the proof affidavit which was accepted by the Forum and marked Exts.P1 and P2 and allowed the complaint.  Opposite party has come up in appeal challenging the said order of the Forum.

4.      In the appeal the appellant/opposite party contended that there was mistake in noting the date of appearance and that therefore they could not appear before the Forum.

5.      Taking into account the nature of the contentions raised by the parties we feel that an opportunity should be given to the appellant to contest the case on merits.  Therefore on 9.5.2014 we have ordered that appeal will be allowed on payment of cost of Rs.2000/- to the complainant.  Today appellant produced receipt that having paid the cost.  Therefore appeal is allowed.  The impugned order of the Forum allowing the complaint is set aside.  The matter is remanded to the Forum for fresh disposal in accordance with law.  Both parties shall appear before the Forum on 30.6.2012.

JUSTICE P.Q. BARKATHALI:  PRESIDENT

V.V. JOSE : MEMBER

VL.