Date of filing:16.12.2019

                                                              Date of Disposal:20.10.2022

BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

                               BENGALURU – 560 027.

DATED THIS THE 20^th DAY OF OCTOBER, 2022

CONSUMER COMPLAINT NO.1933/2019

PRESENT:

SRI.RAJU K.S,

SMT.REKHA SAYANNAVAR,:MEMBER

Vijaya Kumar T.S,

S/o Srinivas, 68 years,

138, I Main, BSK 3^rd Stage,

Bengaluru-560 085.……COMPLAINANT

Rep by Sri.Nagaraj Sharma, Advocate.

M/s Sai Ram Tours and Travels,

112, First Floor, Pamadi Chambers,

D.V.G.Road, Basavanagudi,

Bengaluru-560 004,

Rep by its Proprietor

Mr.Ghana Shyam S.…….OPPOSITE PARTY

Also At

S.Ghana Shyama,

42/1, 3^rd Main Road,

Maruti Layout,

Subramanyapura Post,

Bengaloore-560 061.

*****

//JUDGEMENT//

BY SRI. RAJU K.S, MEMBER

The complainant has filed this complaint u/s 12 of the Consumer Protection Act-1986 seeking for refund of Rs.5,34,000/- with interest @ 18 p.a and Rs.10,00,000/- towards compensation.

2. It is the case of the complainant that by seeing the exciting advertisement/brochure package tour of UK and Europe of 15 days to be conducted by opposite party scheduled on 27.04.2019 decided to travel in same tour package of opposite party.  For this they contacted the opposite party and opposite party had offered 2.25 lakhs per person. On 26.02.2019 opposite party gave the tour itinerary starting from 27.04.2019.  Hence, the complainant has paid Rs.1,50,000/- as advance and opposite party has issued a cash receipt dt.26.02.2019 for advance received.    Subsequently, the complainant gave cheque No.029152 for Rs.3,00,000/- drawn on SBI, Katriguppe Branch along with documents and passports for processing visa. 

3. At that juncture, the opposite party put a proposal to complainant that while returning from European Tour he will make arrangement for further tour of 4 days to Dubai and Abudhabi sight-seeing in only Rs.42,000/- per person.  For Dubai & Abudhabi tours other travel agencies charged Rs.84,000/- per person.  Agreed by this for offer of opposite party the complainant has paid another Rs.84,000/- to opposite party and opposite party gave the cash receipt No.238 dt.03.04.2019 for having received the amount.  Further, the opposite party had informed that the VISA process would take 14 days and wait for until the call from opposite party’s side.  On 10.03.2019 the opposite party informed that in spite of best efforts for “TATKAL” special interview for VISA to UK is getting delayed and promised that it will be confirmed by 18.03.2019.

4. Further, the opposite party dodged VISA issue with lies and false promises.  Thereafter from the attitude of the opposite party, the complainant came to know that the possibility of tour programme is impossible hence they informed to opposite party that they are not interested to extend tour for Dubai and Abudhabi and demanded return of money paid for it.  The opposite party had agreed to return the money paid towards Dubai and Abudhabi.  For that he gave the cheque No.000809 dt.26.04.2019 drawn on Bank of Baroda for Rs.84,000/-, and the same was dis-honoured on 28.04.2019 for insufficient funds.  Thereafter, the complainant intended to cancel the tour programme since the commencing date for tour has already expired and same was intimated to the opposite party with sms about the dishonour of cheque.  Once again the opposite party misguided by giving date 03.05.2019 for VISA interview and alternative tour package.  Same was once again proved as utter false and the complainant made complaint before Basavanagudi Police Station.  The opposite party had agreed to refund money on 10.05.2019 before the Basavanagudi Police.  But on 10.05.2019 he has not made any payment by saying he was not in station and said he came back on 14.05.2019.  On 20.05.2019 the opposite party returned the original pass port but retained other documents.  The opposite party has made false promise to return the money in subsequent visits and the cheque was once again dis-honoured on 23.07.2019 when it was presented for encashment. A group complaint also lodged against opposite party before Basavanagudi Police Station for his illegal activities, in the name of tour programme.  The complainant lost faith in opposite party in returning the money paid towards tour programme and filed this complaint and prayed to allow as sought for.

5. The opposite party not opted to appear before this commission and placed ex-parte.

6. The complainant examined as PW1 by filing the affidavit and got marked EX.P1 to P6 documents.

      7. From scrutinization of pleadings and documents, the points that would arise for consideration are as under:

i) Whether the complainant proves the deficiency of service on the part of the opposite party ?

ii) Whether the complainant is entitled for refund of money ?

iii) What order ?

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

Point No.1 :  In affirmative

Point No.2 :  Partly in affirmative

Point No.3 :  As per the final order for the following;

REASONS

  9.POINT NO.1:- In this complaint, the complainant had paid Rs.1,50,000/-cash on 26.02.2019 and Rs.3,00,000/- cheque on 28.02.2019 for UK and Europe tour for himself and for his wife.  Further, the complainant has paid Rs.84,000/- on 03.04.2019 for Dubai and Abudhabi tour programme.  For that the opposite party had gave the cash receipt no.217 dt.26.02.2019, No.221 dt.28.02.2019 and No.238 dt.03.04.2019 after receiving the amount.

10. Being unsatisfied with assurance and act of the opposite party the complainant had demanded for refund of money of Rs.84,000/- towards Dubai-Abudhabi tour programme and the cheque No.000 809 dt.26.04.2019 drawn on Bank of Baroda (EX.P4) given by the opposite party in this regard was dishonoured on 28.04.2019.  After that the complainant came to know that the opposite party had wilfully and intentionally dodged the VISA interviews.  From the act of the opposite party it was clear that the opposite party with an intention to deceive the complainant falsely promised about tour programme and received the money.  As per complaint averments, opposite party had agreed to refund the total amount of Rs.5,34,000/- before the Basavanagudi Police Station. But no documents are furnished in this aspect.  Any how the complainant has proved that the opposite party had received Rs.5,34,000/- towards tour programme by filing EX.P2, P3 and P6 receipts and further the EX.P4 cheque No.000 809 dt.26.04.2012 for Rs.84,000/- drawn on Bank of Baroda and endorsement of dishonour shows that the opposite party had agreed to refund amount received by the complainant and for the refund he had gave the cheque (EX.P4) which was also dishonoured.  To discard the allegations and evidence of the complainant, the opposite party not come forward before this commission and not placed any documents to discard the evidence of complainant.  He has not produced any rebuttal evidence to discard the allegations of complainant. Hence we fix the liability on opposite party to the complainant by way of deficiency of service and answered point No.1 affirmative. 

 11.POINT NO.2:- With regard to point No.2 the complainant had paid total Rs.5,34,000/- same is to be refunded by the opposite party with 9% p.a. from the date of payment i.e., from 26.02.2019, till realization.  In addition to that the opposite party has to pay Rs.50,000/- compensation for mental agony and Rs.10,000/- litigation cost to the complainant.  Hence, this point partly in affirmative.

12. POINT NO.3:- In view of the discussion made above, we proceed to pass the following;

Complaint is allowed in part.

The opposite party is directed to pay a sum of Rs.5,34,000/- to the complainant with interest at the rate of 9% p.a. from 26.02.2019 till realization.

Further, the opposite party is directed to pay a sum of Rs,50,000/- towards mental agony and a sum of Rs.10,000/- towards litigation cost. 

The opposite party shall comply the order within 30 days. In case, the opposite party fails to comply the order within the said period, the above said amount of Rs.60,000/- carries interest at the rate of 9% p.a. from the date of order till realization.

Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.

Applications pending, if any, stand disposed of in terms of the aforesaid judgment.

(Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced in the open Commission on 20^th day of October, 2022)                                            

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA. K)    
•  

//ANNEXURE//

Witness examined for the complainantss side:

Sri.Vijaya Kumar T.S, the complainant has filed his affidavit.

Documents marked for the complainants side:

1. Brochure of the opposite party.
2. Original receipt dt.20.02.2019.
3. Itinerary of tour program.
4. Original cheque bearing No.000809 dt.26.02.2019 drawn on Bank of Baroda with endorsement of bank.
5. Xerox copy of the legal notice dt.22.08.2019.
6. Two cash receipt dt.25.02.2019 and dt.23.04.2019.

Witness examined for the opposite party side: 

Documents marked for the Opposite Parties side:

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA, K)    
•