(1.) THE opposite parties 1 and 2 are the appellants in F.A. No. 517/2008 and 3rd opposite party is the appellant in F.A.484/2008.
(2.) THE 1st and 2nd respondents/complainants, in both the appeals, as complainants, knocked the doors of the District Forum, to settle their claim of Rs. 1,73,600, along with a compensation of Rs. 1 lakh, inter alia contending, that they have purchased holiday packages from opposite parties 1 and 2, by paying a sum of Rs. 2,15,200, who in -turn joined them, as members in the 3rd opposite party, that they have requested a tour for Paris, in September 2006, by paying a sum of Rs.70,000, to the opposite parties 1 and 2, which should be paid to the 3rd opposite party, that for the reasons best known to them, they failed to make proper accommodation, and arrangement, as requested, thereby depriving the very purpose of purchasingholiday package, and in this view, since all the opposite parties have committed deficiency in service, the amount paid by the complainant should be refunded, along with compensation, since by their deficiency, they have caused mental agony, sufferings etc.
(3.) BEFORE the District Forum, though the opposite parties 1 and 2 have appeared, failed to file the written version, as represented before us, 3rd opposite party has not appeared. Therefore, the District Forum, setting all the opposite parties ex parte, considering the pleadings, as well as the proof affidavit, filed by the complainants, fixing deficiency upon all the opposite parties, passed an order, dated 3.3.2008, under which, directions were given against all the opposite parties, jointly and severally, to refund Rs. 1,73,600, being the balance amount, as well a sum of Rs. 50,000, as compensation, since by their deficiency, they have caused mental agony, monetary loss, etc., which is challenged by the opposite parties 1 and 2, jointly, and the 3rd opposite party independently, as said above.
The appeal filed by the opposite parties 1 and 2, is posted today for the appearance, and for disposal, and despite this fact, there is no representation, and the appellants also called absent. In F.A. No. 484/2008, the appellant and complainants/1st and 2nd respondents are present.;