JESUWIL TRAVEL AND TOURS Vs. FELIX FRANK DSOUZA

JUDGEMENT

(1.) this appeal filed by appellant/org. O. P. No.2 in Consumer Complaint No.1088/99 is directed against the order dated 30.7.05 passed by District Consumer Forum, Mumbai Suburban, whereby the Forum below directed the present appellant to refund the excess amount collected from the complainants. Appellant is also directed to refund the sum of Rs.1,283.50 to each of the complainants except complainant Mrs. Dorothy Lewis. Forum below exonerated O. P. No.1 from the liability. O. P. No.2 has taken exception to this order and has come up in appeal.

(2.) We heard Mr. S. B. Prabhawalkar, Advocate @ Mrs. D. K. Juvekar, Advocate for the appellant, Mr. Tushar Kale, Advocate h/f. Mr. U. P. Warunjikar, Advocate for the respondent Nos.1-24. None for respondent No.25.

(3.) We carefully perused the impugned order under challenge. In para 4 of the order, it is specifically stated that O. P. No.2 has not filed an affidavit. It is also observed in the body of the judgment that O. P. No.2 has not filed any affidavit and saying so, the Forum directly came to the conclusion that O. P. No.2 is liable to refund the difference of air fare to the extent of Rs.3,600/- to each of the complainants, except complainant No.18, who is not signatory to the complaint. On close scrutiny of the documentary evidence, it is revealed that O. P. No.2 has filed affidavit. Matter does not rest here. One Wilfred Fernandes-proprietor of M/s Jesuwil Travel and Tours has also filed an additional affidavit for and on behalf of opponent No.2. In spite of sufficient evidence in the form of affidavit, Forum below observed in the body of the order that O. P. No.2 has not placed on record affidavit, nor documentary evidence. Observations made by the Forum below are contrary to the material placed on record. Findings recorded and the conclusions drawn by the Forum below are not at all supported by the material placed on record.