Date of Filling : 21/01/2022

Date of Judgement : 28/03/2024

Mrs. Monihar Begum, Hon’ble Member

                   BRIEF FACTS

The complainant has filed the complaint before this Ld. Commission u/s 35 of C.P.Act 2019 alleging interalia deficiency in service and unfair trade practice on the part of opposite party mentioned herein above.

The factual matrix of the complaint case is that on 19.02.2020, complainant paid for tour to Darjeeling and Gangtok along with his family members and booked OP’s Hotel and Car on paying Rs.25,000/- in cash as an advance out of total Rs.94,250/- and on 26.01.2022, he also booked railway ticket from Sealdah to New Jalpaiguri from 19.05.2020 to 20.05.2020 and also return ticket from New Jalpaiguri to Sealdah  from 25.05.2020 to 26.05.2020. But he could not make the said Tour due to country wide Covid-19 Pandemic situation as well as lock down following the direction by the State Government and Central Government and restriction imposed. Accordingly he got refund of the railway fare on cancellation of the tickets.

But inspite of repeated demand and request, the opposite party (Trishant Holidays) has failed and neglected to refund of above advance amount of Rs.25,000/-

Complainant through their advocate issued legal notice dated 03.01.2022.  The notice was delivered to the opposite party on 04.01.2022 (as per track report) calling for refund of the amount of Rs.25,000/-, which was not complied and hence this complaint before this Ld Commission.

The complainant has filed the connected documents in support of his contention which included (i) Money Receipt dated 19.02.2020 issued by the OP (ii) hand-written banking particulars (iii) typed hotel details.

Despite receipt of notice, containing the petition of complaint along with all documents, the opposite parties neither appeared nor filed any objection or any written version to contradict and contest the case of the complainant and the case proceeded exparte vide order dated 20.09.2022 against the opposite party.

                                                                   FINDINGS

On perusal of the documents as produced by the complainant, it is found that the complainant paid a total sum of Rs.25,000/-(twenty five thousands) in absolute good faith to the OP for his family tour.  He also sent a lawyer’s notice on 03.01.2022 requesting the opposite party to refund the entire advance amount of Rs.25,000/- (twenty five thousands) only along with normal bank interest within seven days from the date of receipt of the said notices directly to the complainant by way of demand draft which was not complied with by the opposite party. 

So, on going through the materials on record and also hearing the submission on behalf of the complainant, it is found that there was deficiency in service and unfair trade practice on the part of the opposite party is not giving the service as they failed to refund the amount of advance as promised. So complainant is entitled to get refund of the entire amount of Rs.25,000/- along with interest @6% p.a. from 19.02.2020 when the amount was advanced to the OP.

This apart complainant will be entitled to get Rs.5,000/- for cost of litigation. 

Hence it is

                                     ORDERED

That the instant complaint CC/43/2022 stands allowed exparte against the OP.

OP is directed to refund Rs.25,000/- along with interest @6% p.a. from 19.02.2020 till the date of actual payment.

OP is also directed to pay Rs.5,000/- to the complainant for cost of litigation.

The above payment shall be made within 45 days from the date of this order.

In the event of non compliance by the OPs, complainant shall be at liberty to initiate necessary action as per law after expiry of the aforesaid period.

Directed and corrected by me

    Presiding Member