Tamil Nadu

South Chennai

CC/71/2022

Mr.G.Sugadev Rajaguru - Complainant(s)

Versus

M/s.Sri Murugan Travels Agency, Represented by its Proprietor - Opp.Party(s)

M/s. K. Senthil Kumar

01 Aug 2022

ORDER

Date of Complaint Filed : 23.02.2022

Date of Reservation      : 11.07.2022

Date of Order               : 01.08.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                            : PRESIDENT

                        THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                        THIRU. S. NANDAGOPALAN., B.Sc., MBA.,   : MEMBER II

 

CONSUMER COMPLAINT No. 71/2022

MONDAY, THE 1^st DAY OF AUGUST 2022

Mr.G. Sugadev Rajaguru,

S/o. Late Shri.V.Gopal,

No.308/1, New Door No.5/1,

16^th East Street, Kamaraj Nagar,

Thiruvanmiyur,

Chennai – 600 041.                                                       ... Complainant                           

 

..Vs..

M/s. Sri Murugan Travels Agency,

Rep. by its Proprietor,

No.12-A/40-3, Amman Kovil Street (East),

(Opposite to New Saravana Bhavan Hotel),

Vadapalani,

Chennai – 600 026.                                                    ...  Opposite Party

 

******

Counsel for the Complainant             : M/s. K.Senthil Kumar

Counsel for the Opposite Party          : Exparte

 

        On perusal of records and having heard the oral arguments of the Counsel for the Complainant, we delivered the following:

ORDER

Pronounced by the Member-II, Thiru. S. Nandagopalan., B.Sc., MBA.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to direct the Opposite Party to repay a sum of Rs.10,000/- together with interest @12% p.a from the date of payment and to pay a sum of Rs.1,00,000/- towards mental agony, hardship, loss and extreme stress, immense loss of time and money due to the Opposite Party’s deficiency in service and unfair trade practice to the Complainant.

2.   Brief facts of the Complaint are as follows:

The Complainant is a legal practitioner and during February, 2020 he had enquired about Andaman tour package for Andaman with the Opposite Party and it was informed that the cost of Rs.25,000/-  per head and the said tour is scheduled on 2^nd May 2020. It was also informed that the head office of the Opposite Party is at Madurai. The Opposite Party being a popular agency, on good faith he had booked four tickets for Andaman tour package, for him, his mother, his wife and his two sons and on 04.03.2020 he had paid an advance amount of Rs.10,000/- to Opposite Party’s Agency Indian Bank Account No.6379879836 at Indian Bank, Indira Nagar Branch, Adyar, Chennai -20. As Covid-19 pandemic was announced, the said tour was cancelled, hence he had immediately contacted the Opposite Party to repay the advance amount of Rs.10,000/- to his Bank account,  for which the staff of the Opposite Party had agreed to pay, but had not repaid. Thereafter he had contacted the Opposite Party on many occasions for getting refund of the said amount, but went in vain. Hence the act of the  Opposite Party’s amounts to deficiency of service and unfair trade practice. The willful and wanton act of not refunding the said amount is nothing but cheating him and he had been put to mental stress, mental agony, immense loss of time and money due to the Opposite Party’s agency unfair trade practice and deficiency of service, which could not be compensated in any manner. The act of gross negligent and unprofessional approach of the Opposite Party had caused him mental agony and hardship and he should be compensated by way of money. Hence the Complaint.

3.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-3 were marked.

4.      The Opposite Party did not appeared before this Commission, in spite of sufficient notice being served on them.

5.     Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed in the Complaint and for any other reliefs?

Point No.1:-

On careful reading of the Complaint and the Exhibits marked in support of the complaint, the Complainant had booked four tickets with the Opposite Party for Andaman Tour Package and had paid a sum of Rs.10,000/- as advance to the Opposite Party as evidenced from Ex.A-1, Bank Challan for deposit of Rs.10,000/- made on 04.03.2020 to the Opposite Party’s Bank Account. Since Covid -19 pandemic declared and the entire tour to Andaman had been cancelled, the Complainant had contacted the Opposite Parties on many occasions for getting refund of the said amount of Rs.10,000/-,though it was agreed to be refunded when contacted immediately, the Opposite Party had failed to repay the said amount to the Complainant for about 10 months, which constrained the Complainant to cause a legal notice dated 10.01.2022 to be issued to the Opposite Party to its Branch Office at Vadapalani as well as to its head Office at Madurai and in spite of the receipt of the said legal notice, as evidenced from Ex.A-2 being the Legal Notice dated 10.01.2022 and Acknowledgement cards of the Opposite Party and its Head Office, even thereafter, the Opposite Party had failed and neglected to refund the said amount of Rs.10,000/- to the Complainant.

On considering the facts and circumstances of the case, this Commission holds that though the tour as scheduled on 2^nd May 2020 has been cancelled due to Covid-19 pandemic, the Opposite Party should have refunded the advance amount of Rs.10,000/- received by them from the Complainant, which the Opposite party had failed to repay in spite of the Complainant’s repeated requests and demands as well as on receipt of the Legal Notice dated 10.01.2022, Ex.A-2 and Ex.A-3, the Opposite party had acted negligently causing serious mental agony and hardship apart from immense waste of time and money to the Complainant, clearly amounts to unfair trade practice and deficiency of service. Hence, this Commission is of the considered view that the Opposite Party had committed unfair trade practice and deficiency of service. Accordingly, Point No.1 is answered.

Point No.2:-

As discussed and decided above in Point No.1 against the Opposite Party, the Complainant is entitled for refund of a sum of Rs.10,000/- together with interest at the rate of 9% per annum from the date of payment, i.e., from 04.03.2020 till the date of this order and for a sum of Rs.25,000/- towards mental agony and deficiency of service and also for a sum of Rs.5,000/- towards costs. As discussed above, the Complainant is not entitled for any other relief/s, Accordingly Point Nos.2 and 3 are answered.

In the result, the Complaint is allowed in part. The Opposite Party is directed to refund a sum of Rs.10,000/- (Rupees Ten Thousand Only) together with interest at the rate of 9% per annum from the date of payment, i.e., from 04.03.2020 till the date of this order and to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) towards mental agony and deficiency of service and also to pay a sum of Rs.5,000/- (Rupees Five Thousand Only) towards costs, to the Complainant, within 8 weeks from the date of this order, failing compliance, the above amounts shall carry interest at the rate of 9% per annum from the date of this order till the date of realization.

In the result, the Complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 1^st of August 2022. 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	04.03.2020	Copy of Bank Pay in slip challan for Rs.10,000/-
Ex.A2	10.01.2022	Copy of Legal Notice
Ex.A3	12.01.2022 & 13.01.2022	Copy of Acknowledgement cards

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                   B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT