Complaint filed on: 24-03-2011
Disposed on: 25-06-2012
BEFORE THE BANGALORE IV ADDITIONAL DISTRICT
CONSUMER DISPUTES REDRESSAL FORUM,
BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052
C.C.No.595/2011
DATED THIS THE 25th JUNE 2012
PRESENT
SRI.J.N.HAVANUR, PRESIDENT
SRI.GANGANARASAIAH, MEMBER
SMT.ANITA SHIVAKUMAR.K., MEMBER
Complainant: -
Mr.S.Bhasha
S/o. Late Adbul Shukour,
No.11, 1st Main Road,
Gangadhar Nagar,
Sarakki gate,
Bangalore-78
V/s
Opposite parties: -
1. Universal Tours and Travels,
@ 26, Flat no.5, Alfred Street,
Behind Baldwin’s Boys High School, Near Johnson Market,
Richmond Town, Bangalore-25
Reptd by its Proprietor
Mr.Tabrez Ahmed
2. Firoz Mir Tabrez Ahmed,
S/o. Late Firoz Ahmed,
R/at No.34-S, No.24,
Sky land Elyses Apartments
Viviani Road, Frazer Town,
Bangalore-05
ORDER
SRI.J.N.HAVANUR, PRESIDENT
This is a complaint filed by the complainant against the Ops no.1 and 2, under section 12 of the Consumer Protection Act’ 1986, praying to pass an order, directing the Ops no.1 and 2 to refund Rs.2,20,000=00 alongwith interest, compensation and cost.
2. The brief facts of the complaint can be stated as under.
The Ops had issued a paper publication/advertisement on 28-5-2010 in Salar Urdu Daily News Papers offering to provide Hajj pilgrimage for a period of 32 days in their travels by giving an offer amount of Rs.1,10,000=00 per person for the entire package. The complainant being attracted by the said offer and with an intention of getting the blessings of Allah once in a life time thought of going to Hajj under the said scheme along with his wife, and contacted the Ops and they gave an offer letter and told the complainant to pay Rs.2,20,000=00 towards himself and his wife. Accordingly, the complainant got paid the amount of Rs.2,20,000=00 by way of cash on 1-6-2010 i.e. an amount of Rs.70,000=00 and Rs.1,50,000=00 through cheque 0n 15-6-2010 vide cheque no.552216 of Indian Bank, Bangalore. After receiving the said payment, the Ops gave the confirmation letter of Hajj package on 16-7-2010, and at the time of making the said payment, the OPs had taken the passport of complainant and his wife for getting visa being stamped. Thereafter, the OP gave the confirmation letter of Hajj package on 16-7-2010. Later Ops have asked the complainant to come on 4-11-2010 to Parag hotel intimating to collect the flight tickets, Visa and passport, so as to get ready to travel to Hajj. So, the complainant went to the said place on 4-11-2010, but to his utter surprise, he found that the Ops had not processed any thing towards the said Hajj pilgrimage offered to the complainant and his wife, and the Ops had deprived the complainant and his wise from going to Hajj, and also destroyed hopes in taking the blessing of Allah. The OPs had retained the passport of complainant and his wife illegally. On several occasions of insisting the Ops with regard to return of amount, the Ops have given the cheque bearing no.121239 dated 20-11-2010 of SBM, Richmond road branch, Bangalore to an amount of Rs.2,10,000=00 with an assurance that the cheque will be honoured without fail, and the complainant presented the said cheque issued by the Ops through his banker Indian Bank, Jayanagar Branch, Bangalore. But to his utter surprise, he received an endorsement from his banker on 25-11-2010 that the cheque has been dishonoured for the reason of insufficient funds. Later the complainant called upon the Ops several times intimating the fate of the said cheque, but they never got replied to the same nor made the payments, and then the complainant sensed the malafide intention on the part of the Ops. The complainant got issued legal notice dated 17-01-2011 to the Ops. Hence, the sole intention on the part of the OPs is to get the money and not to give services of Hajj pilgrimage, and the said act on the part of the OPs, clearly amounts to unfair trade practice and deficiency of service, and because of the gross negligence on the part of the Ops, the complainant and his wife has lost one precious Hajj pilgrimage, and they have suffered lot of mental agony under the hands of the Ops. So, the complainant has filed this complaint, praying to pass an order, directing the Ops to refund an amount of Rs.2,20,000=00 and Rs.5,00,000=00 towards compensation and cost of litigation.
3. After filing of the complaint, notices were issued to the OPs and those notices were returned as un-served. Thereafter, the complainant’s counsel took steps against the Ops by paper publication and notices were published in the news papers as prayed in the application of the complainant, and produced the paper publication. The service of notices by paper publication is taken as sufficient. Ops no.1 and 2 were called absent and they have been placed exparte, and posted the case for the complainant’s evidence.
4. So as to prove the case, the complainant has filed his affidavit by way of evidence dated 12-7-2011, and produced 5 documents with list dated 24-3-2011.
5. One S.Bhasha who being the complainant has stated in his affidavit filed by way of evidence that, the Ops had issued a paper advertisement on 28-5-2010 in Salar Urdu Daily News Papers, Bangalore, offering to provide Hajj pilgrimage for a period of 32 days in their travels by giving an offer amount of Rs.1,10,000=00 per person for the entire package. The complainant being attracted by the said offer and with an intention of getting the blessings of Allah in a life time thought of going to Hajj under the said scheme along with his wife, and he contacted the office of the Ops and their office gave an offer letter and told him to pay the said amount of Rs.2,20,000=00 towards himself and his wife. Accordingly, he got paid the amount of Rs.2,20,000=00 i.e. by way of cash on 1-6-2010, an amount of Rs.70,000=00 by way of cheque bearing no.332658 of Central Bank of India and an amount of Rs.1,50,000=00 by way of cheque bearing no.552216 of Indian Bank, Bangalore. The Ops gave the confirmation letter of the Hajj package on 16-7-2010, and at the time of making the said payment, the OPs had taken the passport of complainant and his wife for getting visa being stamped. After making the said payment, the Ops gave the confirmation letter of Hajj package. Later Ops have asked the complainant to come on 4-11-2010 to Parag hotel asking to collect the flight tickets, Visa and passport, so as to get ready to travel to Hajj. So, the complainant went to the said place on 4-11-2010, but to his utter surprise, he found that, the Ops had not processed any thing towards the said Hajj pilgrimage offered to the complainant and his wife, and the Ops had deprived the complainant and his wise from going to Hajj, and also destroyed their hopes in taking the blessing of Allah. The OPs had retained their passport of complainant and his wife illegally and he called upon the OP on several occasions of insisting the Ops with regard to return of amount, the Ops have given the cheque bearing no.121239 dated 20-11-2010 of SBM, Richmond road branch, Bangalore to an amount of Rs.2,10,000=00, and when he presented the said cheque through his banker Indian Bank, Jayanagar Branch, Bangalore. But to his utter surprise, he received an endorsement from his banker on 25-11-2010 that the cheque has been dishonoured for the reason of insufficient funds and he has called upon the Ops several times intimating the fate of the said cheque, but they never got replied to the same nor made the payments, and then the complainant sensed the malafide intention on the part of the Ops. The complainant got issued legal notice dated 17-01-2011 to the Ops. Hence, the sole intention on the part of the OPs is to get the money and not to give services of Hajj pilgrimage, and the said act on the part of the OPs, clearly amounts to unfair trade practice and deficiency of service, and because of the gross negligence on the part of the Ops, the complainant and his wife has lost one precious Hajj pilgrimage, and they have suffered lot of mental agony under the hands of the Ops. So, he has filed the present complaint, praying to pass an order, directing the Ops to refund amounts paid by him alongwith interest, compensation and cost of litigation as prayed in the complaint.
6. The above said assertions of the complainant have remained unchallenged. The Ops have neither filed their objection nor denied the evidence of the complainant. So, under the circumstances, we have no reasons to discard the oral testimony of the complainant. Let us have a look at the relevant documents of the complainant. The document no.1 of the complainant’s list dated 24-3-2011 is the copy of tour package advertisement given in the Salar Urdu Daily news paper, Bangalore dated 28-5-2010. The document no.2 is the copy of tour package issued by the Ops dated 16-7-2010 wherein it is stated that, the Hajj package duration is for 32 days and amount to be charged for a person is Rs.1,10,000=00. The document no.3 is the copy of statement of account of Indian Bank, standing in the name of wife of the complainant, wherein we have found that on 1-6-2010 an amount of Rs.70,000=00 cash was deposited from the account of wife of the complainant, and on 15-6-2010 an amount of Rs.1,50,000=00 was deposited through cheque bearing no.552216 and in all the complainant has paid Rs.2,20,000=00 to the Ops. The document no.4 is the copy of announcement letter issued by the OPs intimating the complainant to attend the farewell Hajj function in Paraag hotel on 4-11-2010 between 11.30 to 6.30 p.m. and in the Paraag hotel Visa and Passport will be issued. The document no.5 is the copy of legal notice issued to Ops calling upon them to return the amount paid by them alongwith compensation and cost, the notice issued to Ops were returned un-served, postal receipts are also produced.
7. The evidence of the complainant as mentioned above to effect that, after payment of Rs.2,20,000=00 to the Ops, they did not process the Hajj tour programme and they have not returned the amount inspite of issuance of notice is corroborated by documentary evidence namely advertisement given by the Ops, Tour programme report supplied by the Ops and copy of legal notice. One more affidavit dated 13-6-2012 is submitted by the complainant stating that, he has not filed any case under 138 of NI Act against the Ops for cheque bearing no.121239 dated 20-11-2010 of SBM, Richmond road branch, Bangalore for an amount of Rs.2,20,000=00 issued by the Ops. The complainant who comes to the forum has established his case by placing clear cogent and consistent material evidence. In order to falsify the case of the complainant, no rebuttal evidence is adduced by the Ops. So, under the circumstance, we have no reasons to disbelieve the case of the complainant. The complainant has proved his case with convincing evidence that, the Ops did not mind to carry out the Hajj pilgrimage as promised by them in the advertisement and tour programme after receiving an amount Rs.2,20,000=00 from him, and they are negligent in carrying out the tour programme of Hajj, and there is a deficiency of service on the part of the Ops. So, the complainant is entitled to refund of Rs.2,20,000=00 from the complainant. The Ops shall return the said amount to the complainant within 30 days with 10% interest per annum from the date of respective payments from the date of receipt of the order, failing which, they shall pay the said amount to the complainant with 12% interest per annum from the date of the order to till the date of realization. The Ops no.1 and 2 are further directed to pay Rs.2,500=00 to the complainant towards cost of litigation and accordingly, we proceed to pass the following order.
ORDER
The complaint of the complainant is partly allowed. The complainant is entitled to refund of Rs.2,20,000=00.
The Ops no.1 and 2 are directed to pay Rs.2,20,000=00 to the complainant with 10% interest per annum from the date of respective payment within 30 days from the date of receipt of the order.
Failing which, the Ops no.1 and 2 are liable to pay the said amount to the complainant with 12% interest per annum from the date of the order to till the date of realization.
The Ops no.1 and 2 are further directed to pay Rs.2,500=00 to the complainant towards cost of litigation.
Supply free copy of this order to both parties.
Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this the 25th day of June 2012.
MEMBER MEMBER PRESIDENT
