Dt. of filing- 20/03/2019

Dt. of Judgement- 07/11/2019

Mrs. Sashi Kala Basu, Hon’ble President.

          This consumer complaint  is filed by the  complainant namely Smt. Keya Mallick under Section 12  read with  Section 13  of the Consumer protection Act, 1986 against the Opposite Party namely Kaushik Dutta alleging deficiency in service  on his part.

          Case of the complainant in short is that OP is engaged in the business  of tour and travels  and  used to book Hotels and Air Flight Tickets. Complainant  planned  for Dubai tour for herself and her daughter for 6 (six) nights and 7(seven) days  during December, 2018 and paid  a total sum of Rs. 1,88,000/- to the OP  in two part, one amounting to Rs.44,000/- in cash  on 19.11.2018  in the house of the complainant and another  Rs.1,44,000/- through account transfer dated 08.11.2018 through Bank of India, Ruby Park Branch,  Kolkata – 700 078. After paying the entire consideration, complainant asked  the OP  to handover the flight tickets and Hotel booking  details but he neither  handed over the  flight ticket nor the hotel booking details and admitted  that he did not book any such hotel or air tickets. He also admitted that he did not apply for any VISA. Subsequently, on 19.12.2018 OP also made a declaration  admitting  all his guilt  and issued a cheque of Rs. 1,88,000/-  dated 05.01.2019 towards refund  of the money. But the  cheque deposited  by the complainant  with her Banker  i.e. Bank of Boroda under Police Station – Garfa, was dishonoured  with remarks  Account Holder  does not have sufficient balance  in his account  and also  the customer has stopped payment for the given  cheque. Ultimately, complainant  sent a notice through her Ld. Advocate  but the OP refused to accept the notice  and thus this complaint is filed   praying for directing the OP to refund the said amount of Rs. 1,88,000/- along with interest  @ 15% p.a., to pay litigation cost  of Rs. 25,000/- and to pay compensation  of Rs. 1,00,000/-.

          Complainant  has annexed with  complaint petition, copy of bank’s statement, copy of declaration dated 19.12.2018 made by OP and copy of the  GD made by the  complainant  at Garfa Police Station on 04.02.2019  and also  copy of the notice dated  25.02.2019 sent by the complainant to the OP through her Ld. Advocate.

          On perusal of the  record  it appears that the notice was sent   to the OP  but inspite of its service, no step was taken by the OP and thus  case came up for  exparte  hearing vide order dated 24.06.2019.

          So, the only point requires  determination  is -

          Whether  the complainant is entitled to the relief as prayed for?

Decision with reasons

In support  of her claim  that to avail the services of OP who is engaged in the  business of tour and travels, she paid an amount of Rs. 1,88,000/-  for Dubai tour, complainant  has filed  the copy of the  declaration  dated 19.12. 18 appears to have been written by OP namely Kaushik Dutta in favour  of  complainant  admitting that she paid  an amount of Rs.1,88,000/-  to him towards the said Dubai tour. The said declaration  further  indicates that towards  return of money, OP also issued  a cheque of Rs. 1,88,000/-. So, the said declaration substantiate  the claim of the complainant about booking  of tour   to Dubai from the OP but the OP inspite of payment of Rs. 1,88,000/- by the complainant, did not make  arrangement and thus  he is liable to refund the same  as there has been  a unfair trade practice  on his part. He has admitted in the declaration that all his  documents  relating to booking were fake. It further  appears that the cheque  which was paid by the OP towards the refund  has been dishonoured by the Bank when it  was  presented  in the Bank of Boroda, Ramlal Bazar Branch under Police Station  - Garfa within the territorial jurisdiction  of this Forum. Apart from this  it also appears  that the complainant had made payment of an amount of Rs. 44,000/- towards the said  tour to the OP in her residence which falls  within the territorial jurisdiction  of this Forum. So,  as it is apparent that the cheque issued by the OP was  dishonoured, in the absence of any contrary  material, complainant is entitled to the relief   of refund of money along with interest in the form of compensation.

Hence,

                           Ordered

          CC/187/2019 is allowed exparte. Opposite Party  is directed to refund  Rs. 1,88,000/- along with interest  @ 9% p.a. from the  date of payment of the said amount by the complainant to till this  date within two months from date of this order. OP  is further  directed  to pay litigation cost of Rs. 12,000/- within the aforesaid  period of  two months in default  the entire  sum shall carry interest  @ 9% p.a. till realisation.