Dt. of filing- 02/07/2018

Dt. of Judgement- 19/03/2019

Mrs. Sashi Kala Basu, Hon’ble President.

          This consumer complaint is  filed under Section  12 of the Consumer Protection Act, 1986 by the complainant namely Aloke Dutta against the Opposite Parties namely  Adrija Tours and Travels  being represented  by its Proprietor  namely Amlan Banik, alleging deficiency in service  on its part.

          Complainant’s case in brief is that he had booked a package tour  of “Okhrey”  West Sikkim  from 21.12.2017 to  23.12.2017  conducted by  OP. Complainant  paid Rs.18,990/- towards the said tour package and also paid Rs. 3324/- towards cost of  bus fare  from Siliguri to Kolkata. As per the programme, complainant  with his two minor  children  went to Okhrey  but while returning  on 23.12.2017 in the morning  by a private car provided by the  OP for their return to Siliguri Tanjing  Norgay  Bus Stand, it was informed  by the driver that the vehicle  got some defects and required repairing. So, another vehicle  was arranged by the said driver but they were  dropped  at a distance of 3 k.m. away from the said bus stand  Siliguri. In the bus stand, there was  no bus of M/s. Sagufta Travels, available and there was no  such office of Sagufta Travels. No one  received the phone call  made by the complainant. OP also  when contacted could not provide  any solution and escaped from their responsibility.  So finding no alternative,  complainant arranged  three bus tickets from another travel agency  of his own and ultimately reached to Kolkata. So, as there has been deficiency on the part of the OP, present complaint has been  filed  for directing  to refund the value of the return journey  ticket amounting to Rs. 3324/-   along with interest @ 12% p.a. , to pay Rs. 25,000/- as compensation and Rs. 5,000/- as litigation cost.

          Complainant has filed  receipts  issued by OP  showing payment  of Rs. 18,900/- by the complainant. The tour details and on line ticket /passenger itinerary    receipt and another receipt appears to have been issued   by Gupta Travel Agency acknowledging receiving  Rs. 3,300/-   for the journey on 23.12.2017.

          On perusal o the record, it appears that  notice was sent  to the OP but OP  did not take any step  and thus vide order dated  09.10.2018,  case was  fixed for exparte hearing. So the point requires determination is :

            Whether complainant is entitled to the relief as prayed for ?

Decision with reasons :

          In order to substantiate his claim  that that he had booked  the tour package  to visit Okhrey  for  3 days  i.e.  from 21.12.2017 to 23.12.,2017 conducted by the OP, Complainant has filed the receipt dated 12.12.2017 issued by the OP acknowledging receiving Rs. 18,900/-,  as the cost towards the said package for 2 nights and 3 days. He has also filed on line  bus ticket of Sagufta Travels  to travel from Siliguri  to Kolkata.  According to the  complainant, he paid  Rs. 1108/-  per person and as they  were  three persons, he paid  total amount of R. 3324/- to OP.So far as his tour to the Okhrey in West Sikkim, there is no  disputes. His only claim is   that while returning, there was no bus of Sagufta Travel, arranged  by the OP and ultimately he had  purchased the tickets at his own  and came to Kolkata along with two minor children. So he is entitled to refund of the said amount paid for the ticket from Siliguri to Kolkata. A receipt is also  filed showing  the journey on 23.03. 2017 which appears to be of an another travel agency namely Gupta Travel Agency.  Since the case is being proceeded exparte, there is absolutely  no contrary  material   to rebut or counter  the claim of the complainant. In such a situation, since inspite of paying bus fare  to return Kolkata from Siliguri  but there was no such  bus service of  Sagufta Travels, there has been deficiency in service on the part of the OP and thus  the complainant  is entitled to the refund of the bus fare  of return journey paid by him  amounting to Rs.  3324/- along with interest  @ 10% from the date of payment  of the said amount which appears  to be  12 December, 2017. However, since the interest is allowed  we do not fin d any justification  to allow  compensation as prayed by the complainant

Hence,

                                Ordered

        CC/394/2018  is allowed   exparte. OP is directed to pay Rs. 3,324/-  along with interest  on the said amount @ 10% p.a. from the date of payment to till  this date,  within  45 days from the date of this order. OP is  further directed to pay Rs. 5,000/- as litigation cost within the  aforesaid period of  45 days in default the entire amount shall carry  interest   @ 10% pa. Till realisation.