BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.810-2015

DATED ON THIS THE 29^th April 2016

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri H.M.Shivakumara Swamy

President

1.     The complaint is filed against the opposite party seeking refund of `80,100/- with interest at 12% p.a. from  02.03.2015 till payment is made with compensation and other expenses.
2.     The brief facts as alleged in the complaint are that the opposite party has undertaken a North India 6 days domestic holiday trip from Mysuru to Varanasi-Allahabad-Bodhgaya-Lucknow and back to Mysuru during 13^th March to 18^th March 2015.  The complainant paid a sum of `40,000/- each to himself and his wife through a cheque on 02.03.2015.  Subsequently, the opposite party did not maintain their business commitments and conveyed that the trip has been cancelled as per intimation dated 11.03.2015.  On repeated requests, the opposite party has issued a cheque for `80,000/- which was also bounced for want of funds.  Thereafter, the complainant has issued notice demanding payment with interest.  The cause of action to the complaint arose on 02.03.2015, 11.03.2015, 31.03.2015, 01.04.2015, 22.04.2015, 26.10.2015 and 04.11.2015 in Mysuru within the jurisdiction of this Forum. 
3.     Notices are served to opposite parties, absent, placed exparte.
4.    During evidence, on behalf of complainant, complainant has submitted affidavit reiterating the allegations made in the complaint and relied on the documents i.e. receipt issued by the opposite party for having collected `80,000/- and letter issued by opposite party relating to the tour programme, return of cheque for `80,000/- which was issued by opposite party and endorsement issued by the Indian Overseas for return of cheque, copy of legal notice and acknowledgement. On perusal of the material on record, and on hearing the counsel for the complainant, matter posted for orders.
5.     The points arose for our consideration are:-

1. Whether the complainant establishes that opposite party collected the amount for arranging trip and cancelled the same, thereby there is deficiency of service and as such, the complainant is entitled for the reliefs sought?
2.  What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- By going through the evidence of complainant, it is clear that the opposite party has undertaken North India trip and collected a sum of `80,000/-  from the complainant for two seat and failed to arrange the trip and subsequently intimated about the cancellation of the trip on 11.03.2015.  Subsequently, a cheque issued by the opposite party which was not honoured for insufficient funds and complainant was made to pay a sum of `100/- towards collection charges.  Thereby, the complainant has sought for direction to the opposite party to pay the amount collected by him with collection charges of `100/-, with interest from the date of remittance, compensation and litigation expenses.
8.    By looking to the affidavit of the complainant and the documents, it is clear that the opposite party has arranged the trip for 6 days and collected the amount, but failed to perform his part of the contract and cancelled the trip instead of refunding the money by cash, the opposite party has issued a cheque as per Annexure-IV, which was returned by the complainant banker stating that it is not honoured.  Thereafter, complainant issued a legal notice as per Annexure-VI even then amount was not paid.  Thereby, complainant is entitled for the reliefs sought for in the complaint. Accordingly, point No.1 is answered partly in the affirmative.
9.   Point No.2:- In view of the finding on point No.1, the complainant is entitled for `80,100/- with interest 12% p.a. from 02.03.2015 till payment is made by the opposite party with compensation of `5,000/- and litigation of `2,000/-. Hence, we proceed to pass the following

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party is hereby directed to pay a sum of `80,100/- with interest 12% p.a. from 02.03.2015 till payment is made to the complainant.
3. Opposite party is directed to pay a sum of `5,000/- as compensation and `2,000/- as litigation expenses to the complainant within one month of this order, failing which the said amount of `7,000/- shall carry interest at 12% p.a. from the date of default till payment.
4. In, case of default to comply this order, the opposite parties shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 29^th April 2016)