Order-8.

Date-17/06/2015.

Complainant Smt. Urmimala Das (Ghosh) by filing this complaint has submitted that op is the proprietor of Travellers’ Club & Holidays and service provider as per provision of C.P. Act and complainant as senior citizen and as consumer booked a tour programme for a trip from Kolkata to Simla under op and op agreed to book hotels at Simla, Kulu and Manali and made arrangement of car from Kolkata. 

  Op undertook the duty of booking hotels, transportation, booking of car for journey from Kolkata and in the itenary, it was written that the car journey would start from Kolkata at 04:20 a.m. on 11.06.2014.  But the ticket was up to Chandigarh and the train would reach there at 03:00 a.m.

  Complainant was repeatedly told by the op that the hotels would be deluxe ones, but in reality the two hotels where the complainant and her daughter checked in at Simla and Manali were extremely sub-standard, located in shabby areas and they had to face trouble to check in at Simla.  The car driver was extremely rude and whimsical and was reluctant to show sightseeing points according to itenary and complainant had to cancel her journey to Kulu as because op informed the complainant over phone that return journey would take place on 16.06.2014 instead of 17.06.2014 as written on the itenary.  But the complainant paid both for hotel charges and for their journey to Kulu and boarding pass was unused.  But op promised to refund the above noted charges due to irresponsible driving by the driver.

  So, ultimately due to negligence of the driver they have failed to catch the train at Chandigarh and the complainant and her daughter had to go to Delhi and having failed to arrange any ticket for returning to Kolkata, they had to return by air.  Complainant wrote to the op on 10.07.2014 demanding compensation and for not arranging the tour programme as contracted and promised.  But op did not reply and having no other alternative, complainant sent a notice through Federation of Consumer Associations West Bengal (FCAWB) on 21.07.2014.  But op did not respond and all attempts on the part of the complainant failed to realise the said amount and in fact for negligent and deficient manner and for spending huge money for return journey by air and also the money which was given to the op for journey to Kulu which was cancelled by the op and in the above circumstances, complainant has prayed for compensation of Rs. 30,281/- including other cost and litigation cost for negligent and deficient manner of service on the part of the op.

  Practically the notice of this case was duly served upon the op, but op refused it and ultimately it was served to Abhijit Chowdhury at his residential address at New Barrackpore, Postal Head Quarter on 19.05.2015 and most interesting factor is that even after receipt of the notice, op did not turn up for which the case is heard exparte.

                                                 Decision with reasons

  On proper consideration of the complaint including the materials as filed by the complainant, it is found that complainant availed of the tour of the op that the Sikkim, Manali and Kulu and tour started from 09.06.2014 to 19.06.2014 and starting date was 09.06.2014 and departure date after completion of tour was on 17.06.2014 and arrival date was 19.06.2014 and in the said itenary, it is specifically mentioned that at Simla, they shall be placed at Hotel Pankaj for 2 days, at Manali Hotel Hill Top for 3 days and at Kulu Hotel Sangam for 1 day. 

But after considering the complainant’s allegation when it is not challenged, we are convinced to hold that the documents as produced by the complainant supports that complainant paid for her journey amount that is Rs. 31,000/- and it was received by the op.  But complainant was not properly provided rooms of hotel.  But allotted rooms are below standard at different hotels where they were placed.  But as per itenary it was the duty of the op to provide rooms at such hotel, but that was not provided.

Another factor is that op by supplying itenary with digital signature issued the tour chart, placing at hotel journey etc. after receipt of Rs. 31,000/-.  But ultimately op harassed the complainant during their journey and another fact is that the date of return journey was on 17.06.2014, whereas op asked the complainant to avail of train on 16.06.2014.  Further fact is that due to their driver’s failure, they failed to avail of the journey on 16.06.2014 and finding no other alternative, they were compelled to go to Delhi to avail of air service by paying more than Rs. 20,000/-  and ultimately reached at Kolkata.  But op did not provide service, did not give proper care, did not give proper hotel room during their journey as per itenary for which no doubt complainant and her companion suffered from mental pain and agony and they have also lost charm of the said tour and it was no doubt for the negligent and deficient manner of service on the part of the op and in fact op by adopting such process adopted unfair trade practice for which the complainant is entitled to get relief when she along with her family members have been harassed by the op without any fault of the complainant.

Moreover op received the entire tour amount of Rs. 31,000/- but ultimately did not give pleasure for their said trip or for their journey and in fact complainant was compelled to spend huge money for their back journey and in respect of return journey no ticket was purchased in the name of the complainant and in the light of the above observation, we are convinced to hold that complainant has proved the allegation against the op for which op is bound to compensate and to pay litigation cost for harassment etc.

Hence, it is

                                                    ORDERED

That the complaint be and the same is allowed on exparte against op with cost of Rs. 5,000/-.

Op is hereby directed to pay total compensation of Rs. 25,000/- to the complainant along with litigation cost of Rs. 5,000/- within one month from the date of this order for causing mental pain and agony and also for harassing at the time of her trip and also for spending huge money from her own pocket to complete the journey and it must be paid within one month from the date of this order, failing which op shall have to pay penal damages  at the rate Rs. 200/- per day till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.

Even if it is found that op is unwilling to comply the order, in that case, penal proceeding u/s 27 of C.P. Act 1986 shall be started for which further penalty and fine shall be imposed against op.