BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NOS.826 and 827-2015

DATED ON THIS THE 22^nd July 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

COMMON ORDER IN CC Nos. 826 AND 827/2015

1. These two comp0liants are filed by husband and wife in C.C. 826 and 827/2015 for a direction to the opposite party to pay a sum of Rs.1,00,000/- towards damages and Rs.1,00,000/- towards mental agony, costs with interest at 12% p.a. in each of the case.
2. The brief facts alleged in the complaints are that the complainants approached the opposite party in connection with group tour to Singapur.  The package amount of Rs.80,000/- is paid under different two cheques by one of the complainant.  But, the opposite party did not arrange the tour, it was cancelled.  The opposite party did not repay the amount also.  Thereafter, on several occasions, the complainants demanded for repayment of the amount paid by them, for which opposite party issued a cheque for Rs.80,000/- drawn on City Union Bank, K.R.Mohalla, Mysuru that was bounced.  In spite of demands, amount was not paid. Because of the cancellation of tour, the complainants lost their prestige among their family members and in relative circle causing mental agony.  Hence, these complaints are filed.
3. cause of action arose on 22.07.2015, 30.07.2015 when complainants issued two cheques to the opposite party and on 21.08.2015 when the opposite party issued cheque for repayment and subsequent it was bounced in Mysuru within the jurisdiction of this Forum.
4. After registering the complaints, notices were issued to opposite party, in spite of service of notices, opposite party called out absent, placed exparte.  Then this matter is set down for evidence.
5. On behalf of complainants, complainants are filed their respective affidavit evidence and closed their evidence.  After hearing, these matters are set down for orders.
6. The points that arise for consideration of this Forum are as follows:-

1. Whether the complainants in both cases establishes that there is deficiency in service on the part of opposite parties in not conducting the Singapur tour as agreed, thereby complainants are entitled for the reliefs claimed?
2. What order?

7. 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 ::

8. Point No.1:- During evidence, both complainants have deposed by means of affidavit reiterating allegations made in their respective complaints.  Apart from that, they produced documents to show there the transaction between complainants and opposite parties relating to arranging the tour to Singapur.  Order form dated 15.07.2016 is produced and even opposite party has made reservation in SriLankan Airlines to the present complainants Puttavenkatesh and Bharthi.  But, tour was not arranged, thereby the allegations of both the complainants that they have lost prestige among family members and relationship circles due to tour cancellation and they sought for allowing these two complaints and to award damages for deficiency in service and for mental agony.
9. From the averments made in the complaints, in the affidavits filed by both the complainants and the documents discloses that the opposite party undertake to arrange the tour to Singapur and collected the amount from Puttavenkatesh and Bharathi to the extent of Rs.80,000/- and even there is material to show that opposite party issued a cheque for Rs.80,000/- on 21.08.2015 for repayment of the said amount drawn on City Union Bank, K.R.Mohalla, Mysuru.  From these materials on record, this Forum finds that the opposite party though made attempts to arrange the tour, they did not do it.  Thereby, there is deficiency in service by the opposite party. The complainants are to be suitably compensated.    
10. Hence, the point No.1 is answered partly in affirmative.
11. Point No.2:- In view of the above findings recorded on Point No.1, all the complainants are entitled to damages of Rs.50,000/- each with interest at 18% p.a. from the date of complaint, compensation of Rs.10,000/- and litigation expenses of Rs.2,000/-. Hence, we pass the following

:: COMMON ORDER IN CC 826 and 827/2015 ::

1. The complaints filed by the complainants under section 12 of the C.P.Act are allowed in part.
2. The opposite party is directed to pay the amount of Rs.50,000/- towards damages to each of the complainant Nos.1 and 2 with interest at 18% p.a. from the date of complaint i.e. 30.12.2015 till payment within 30 days from the date of this.
3. Fail to comply with the said direction, the opposite party is liable to pay penalty of Rs.100/- per day to the complainants till compliance is made.
4. The opposite party is hereby directed to pay compensation of Rs.10,000/- and litigation expenses of Rs.2,000/- to each of the complainants within 30 days of this order, failing which the said amount of `12,000/- shall carry interest at 12% p.a. from the date of this order.
5. In case of default to comply this order, the opposite party shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
6. Keep original order in C.C.826/2015 and Xerox copies of the order in C.C.827/2015.
7. 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 22^nd July 2016)

                          (H.M.SHIVAKUMARA SWAMY) 

                                      PRESIDENT     

(M.V.BHARATHI)                    (DEVAKUMAR.M.C.)

      MEMBER                                         MEMBER