Kerala

Kozhikode

CC/556/2012

C.A.BABU - Complainant(s)

Versus

m/s KALLADA TOURS AND TRAVELS - Opp.Party(s)

28 Feb 2013

ORDER

 
Complaint Case No. CC/556/2012
 
1. C.A.BABU
CHIRAMEL HOUSE 33/1104A VELLIMADUKUNNU P.O.MARIKUNNU 673012
KOZHIKODE
...........Complainant(s)
Versus
1. m/s KALLADA TOURS AND TRAVELS
Near MASS THEATRE IRINJALAKKUDA-680121
2. m/s KALLADA TOURS AND TRAVELS
M.M.ALI ROAD,KOZHIKODE-673004
............Opp.Party(s)
 
BEFORE: 
 HONOURABLE MR. G Yadunadhan, BA.,LLB., PRESIDENT
 HONOURABLE MR. L Jyothikumar, LLB., Member
 
PRESENT:
 
ORDER

 

THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.556/2012
Dated this the 28th day of February 2013.
 
            ( Present: Sri. G. Yadunadhan, B.A., LLB.                              : President)                       
                             Sri. L. Jyothikumar, B.A., LLB.                                 : Member
 
 
 
ORDER
By Jyothikumar, Member.
 
            The petition was filed on 11.12.2012. The complainant had booked on line reservation ticket on 19.11.12 through opposite parties to travel Kozhikode to Karnool. Then the opposite party taken Rs.3300/- from the complainants bank account. But the complainant did not get ticket. So the complainant and his mother could not travel. The opposite party did not refund the amount of Rs.3300/-so far. Hence the petition is seeking for refund of the amount, compensation for the mental agony and financial loss suffered by the complainant.
 
 
            Notice was issued to the opposite parties. Even though notice was served opposite parties did not appear before the forum. Hence opposite parties were called absent and set exparte. The complainant had adduced evidence as PW1. Exhibit A1 to A3 were marked on complainant’s side.
 
 
            The case of the complainant is that he had booked on line reservation on 09.11.12 to travel Kozhikode to Karnool through Bus carriage run by the opposite parties. . The ticket charge of Rs.3300/- had debited from the Canara Bank account where the complainant is maintaining bank account. After that complainant did not get any ticket. So the complainant did not travel. The opposite parties did not refund the amount. In the Ext.A2 it is stated that if for any reason, the reservation does not materialize the entire amount debited from your card account will be credited back to your card account within 5 working days. But they failed to do so. The opposite parties did not appear before the forum even after receiving the notice, which shows their arrogant attitude. The forum is of the opinion that the complainant had suffered at the hands of the opposite party. More over several times complainant requested to refund the amount, opposite parties did not respond the complaints of the complainant. From the evidence and perusal of the document we have come to the conclusion that the complainant is entitled for relief.        
 
 
 
In the result petition is allowed and opposite parties are directed to return back Rs.3300/- the reservation charge to the complainant along with a compensation of Rs.1500/- within one month of receiving the copy of the order. Failing which the complainant is entitled for a further amount of Rs.20/-per day from the date of the order till realization.
 
Pronounced in the open court this the 28th   day of February 2013.
Date of filing:11.12.2012.
 
                           SD/-PRESIDENT                                SD/- MEMBER
 
APPENDIX
 
Documents exhibited for the complainant:
A1.Account activity of Canara Bank dtd. 10.12.12.
A2.Terms and condition of Tours and Travels.
A3. E.Mail print out copy dtd.06.12.2012.
 
Documents exhibited for the opposite party:
Nil
 
Witness examined for the complainant:
PW1.C.A.Babu(Complainant)
 
Witness examined for the opposite party:
 None.
                                                                                                                         Sd/-President
 
//True copy//
 
(Forwarded/By Order)
 
 
SENIOR SUPERINTENDENT
 
 
[HONOURABLE MR. G Yadunadhan, BA.,LLB.,]
PRESIDENT
 
[HONOURABLE MR. L Jyothikumar, LLB.,]
Member

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