18th day of December 2024
CC 145/23 filed on 30/03/2023
Complainants : 1. Unnikrishnan M., Manneli House, St. Joseph Street,
Kuriyachira, Thrissur District, Pin – 680 006.
2. Krishnaprasad K., Manneli House St. Joseph Street,
Kuriyachira, Thrissur District, Pin – 680 006.
3. Preetha M.K., Manneli House, St. Joseph Street,
Kuriyachira, Thrissur District, Pin – 680 006.
4. Jyolsana T., Manneli House, St. Joseph Street,
Kriyachira, Thrissur District, Pin – 680 006.
5. Ramdas K.K., Kadunthayil House, P.O Velupadam,
Thrissur District.
6. Rekha Ramdas, Kadunthayil House,
P.O Velupadam, Thrissur District.
7. Archana M., Manneli House, St. Joseph Street,
Kuriyachira, Thrissur District.
(By Adv. A.D Benny, Thrissur)
Opposite Party : Proprietor, Excellent India Holidays,
Domestic & International Tour Operator,
Harwin Plaza, Dr. A.R Menon Road (Opp. TCV),
Naikanal, Thrissur, Pin – 680 001.
(Ex-parte)
F I N A L O R D E R
By Sri. C.T. Sabu, President:
1. The facts of the case in brief are as follows:
The complainants engaged the services of the opposite party, a tour operator, for a trip to Dubai scheduled from 12/11/2022 to 15/11/2022. The cost per person was agreed upon at ₹63,000/- (Rupees sixty three thousand only), which the opposite party duly received, and a tour itinerary was issued. However, the opposite party failed to fulfil the arrangements as outlined in the itinerary.
The complainants could not avail themselves of any promised services except round-trip flight tickets. Upon reaching the hotel included in the tour package, the authorities informed the complainants that no payment had been made for the booking, forcing the complainants to seek financial assistance from relatives and friends to arrange accommodation.
The opposite party also failed to provide other inclusions promised in the tour package, such as accommodation, meals, and sightseeing. Following complaints and grievances raised by the complainants, the opposite party refunded ₹1,50,000/- (Rupees one lakh and fifty thousand only) with a promise to return the remaining ₹1,60,000/- (Rupees one lakh and sixty thousand only) by 30/11/2022. However, the Opposite Party failed to fulfil this promise. Consequently, the complainants issued a legal notice on 14/01/2023, which availed no resolution. The actions of the opposite party constitute a deficiency in service and unfair trade practices. The complainants have endured significant financial and mental distress due to the same. Therefore, the complainants request the Commission to direct the Opposite Party to refund the remaining ₹1,60,000/- (Rupees one lakh and sixty thousand only) with interest at 12% per annum, along with ₹25,000/- (Rupees twenty five thousand only) towards the costs and compensation for the complaint.
2. On receiving the complaint, notice was issued to the Opposite Party, whereas the opposite party neither appeared before the Commission nor submitted any version. Hence, proceedings against the OP were set ex-parte, and the case was posted for the complainant's evidence.
3. When the Case came for evidence, the complainant filed the proof affidavit in which they affirmed and explained all the averments stated in the complaint in detail. The complainant produced seven documents marked as Exts. A1 to A7. Ext. A1 is the copy of the Tour Itinerary issued by the opposite party. Ext. A2 is the series of Cash Receipts (2nos) paid by the complainant to the opposite party, receipt no. 1136 dated 06/10/2022 for an amount of Rs. 3,20,000/- (Rupees three lakh and twenty thousand only), receipt no. 1157 dated 03/11/2022 for an amount of Rs. 1,38,000/- (Rupees one lakh and thirty eight thousand only). Ext. A3 is the agreement between the complainant and the opposite party before the East Police Station for the balance payment of Rs. 1,60,000/- (Rupees one lakh and sixty thousand only). Ext. A4 is the copy of the Legal Notice dated 14/01/2023. Ext. A5 is the Acknowledgment Card. Ext. A6 is the series of Tax Invoice (5nos) that showing the rooms taken by the complainants in their name. Ext. A7 is the complaint send by the 1st complainant through an e-mail.
4. Upon reviewing the documents and evidence produced, the Commission finds the following. The documents establish that the Opposite Party received full payment for the tour package, corroborated by Ext. A2, the receipt of the amount paid by the complainants. The itinerary issued by the opposite party (Ext. A1) outlines the promised trip arrangements, including hotel accommodation, meals, and sightseeing. However, apart from providing flight tickets, the opposite party failed to fulfil any of the other promised services. Upon reaching the hotel in Dubai, the complainants were informed that no payment had been made for their booking, necessitating personal arrangements for accommodation. The expense is substantiated by Ext. A6, the receipt for the hotel room charges paid by the complainants. The failure to secure the complainants' accommodation, as explicitly promised in the itinerary, amounts to a clear deficiency in service. The financial burden and emotional distress experienced by the complainant due to the opposite party's negligence are evident. The distress is further documented in Ext. A7, an email sent promptly to the ACP of Thrissur that details allegations of misrepresentation and fraud by the Opposite Party. The complainants' decision to escalate the matter quickly underscores the severity of the grievance and the Opposite Party's disregard for their contractual obligations.
Moreover, the Opposite Party failed to fulfil this promise despite issuing a written commitment to refund the remaining ₹1,60,000/- (Rupees one lakh and sixty thousand only) (Ext. A3) by 30/11/2022. This failure exacerbates the hardship faced by the complainant and demonstrates the opposite party's lack of accountability. The inability to fulfil the refund and the initial failure to deliver the services promised in the itinerary reflects negligence and unprofessional conduct. The opposite party misled the complainants by accepting full payment while failing to deliver the promised services.
Further, the Opposite Party had not cared to enter an appearance or file the written version before the Commission despite receiving the Commission's notice to that effect. The opposite party's conscious failure to submit their written version amounts to an admission of allegations levelled against them by the complainant. The Hon'ble NCDRC expressed the same view in the order dated 09/10/2014 in RP 578/2017 [2017 (4) CPR 590].
Based on the evidence provided, the Commission finds that the Opposite Party failed to fulfil its contractual commitments and caused the complainant significant financial and emotional hardship. The findings confirm that the acts of the Opposite Party are tantamount to deficiency in service and unfair trade practice, and the complainant's claims warrant appropriate relief.
5. In the result, the complaint is allowed, and the Opposite Party is directed to
pay the complainant:
- Refund ₹1,60,000/- (Rupees one lakh and sixty thousand only) the remaining amount with interest at the rate of 12% per annum on the said amount from 06/10/2022 until realization.
- Pay ₹25,000/- (Twenty five thousand only) towards the compensation for mental agony and financial distress.
- Pay ₹10,000/- (Rupees ten thousand only) towards the cost of the complaint.
The order shall be complied within one month of receiving the copy of this order, failing which, the complainants are entitled to an additional 12% interest per annum for the sum towards compensation and cost as well till realization from the date of the order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 18th day of December 2024.
Sd/- Sd/- Sd/-
Sreeja S. Ram Mohan R C. T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 is the copy of the Tour Itinerary issued by the opposite party.
Ext. A2 is the series of Cash Receipts (2nos) paid by the complainant to the opposite party, receipt no. 1136 dated 06/10/2022 for an amount of Rs. 3,20,000/- (Rupees three lakh and twenty thousand only), receipt no. 1157 dated 03/11/2022 for an amount of Rs. 1,38,000/- (Rupees one lakh and thirty eight thousand only).
Ext. A3 is the agreement between the complainant and the opposite party before the East Police Station for the balance payment of Rs. 1,60,000/- (Rupees one lakh and sixty thousand only).
Ext. A4 is the copy of the Legal Notice dated 14/01/2023.
Ext. A5 is the Acknowledgment Card.
Ext. A6 is the series of Tax Invoice (5nos) that showing the rooms taken by the complainants in their name.
Ext. A7 is the complaint send by the 1st complainant through an e-mail.
Opposite Parties’ Exhibits:
Nil
Id/-
C.T. Sabu
President
