Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
15th day of December 2022
CC 437/21 filed on 15/11/21
Complainant: 1. Binoj, Kannath House,
P.O.Kandassamkadavu, Thrissur-680 613.
2. Shijitha, W/o Binoj, Kannath House,
P.O. Kandassamkadavu, Thrissur- 680 613.
3. Nistal Kannath, Minor, Rep.by Father
Binoj, Kannath House,
P.O.Kandassamkadavu, Thrissur-680 613.
4. Nihal Kannath, Minor, Rep by Father
Binoj, Kannath House,
P.O.Kandassamkadavu, Thrissur-680 613.
(By Adv.A.D.Benny, Thrissur)
Opposite Party: Proprietor, Excellent Indian Holidays,
Domestic and International Tour Operator,
Harwin Plaza, Dr.A.R.Menon Road (Opp.TCV),
Naikkanal, Thrissur- 680 001.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
1) The complainant booked 4 seats in Delhi-Agra-Jaipur tour operated by opposite party. It was promised that the tour programme was scheduled in the month of April 2020 and on 04/03/2020, the complainant paid Rs.45,000/- vide receipt No. 802 to the opposite party. Due to covid pandemic, the programme was dropped and it was assured by the opposite party that they will repay the money paid. Even after repeated demands the opposite party failed to repay the money and same amounts to deficiency in service and same caused loss, hardship and mental agony to the complainants. Hence they caused a lawyer notice dated 30/09/21 which yielded no result. Hence this complaint.
2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.
3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced three documents which are marked as Ext.A1 to A3.Ext. A1 is cash receipt vide receipt No.802 dated 04/03/2020 amounted
Rs.45000/-;Ext.A2 is the copy of lawyer notice dated 30/09/2021 with postal receipt and Ext.A3 is the returned lawyer notice.
4) We have gone through pleadings and documents produced by the complainant. Ext.A1 to A3 establish the case of the complainant. Since there is no contra evidence available before us, we are inclined to allow this complaint.
In the result complaint allowed and hereby direct the opposite party to pay Rs.45000/- (Rupees Forty five thousand only) with interest 12% from 04/03/20 till realization. The opposite party is further directed to pay compensation of Rs.5,000/- (Rupees Five thousand only) and cost Rs.2500/- (Rupees Two thousand five hundred only) within one month from the date of receipt of copy of this order. Failing which the cost and compensation carry 8% interest from the date of order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 15th day of December 2022.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 cash receipt vide receipt No.802 dated 04/03/2020 amounted
Rs.45000/-.
Ext.A2 the copy of lawyer notice dated 30/09/2021 with postal receipt.
Ext.A3 the returned lawyer notice
Id/-
Member
