JUDGEMENT
Complainant by filing this complaint has submitted thatfor the purpose of pilgrimage to the sacred Macca for himself and for his wife booked such pilgrimage on full and final payment vide Money Receipt No. 140 specified under Haj 2013, Hilton 20 days dated 16.08.2013 being a sum of Rs. 7,80,000/- by paying the sum by account payee cheque being cheque No. 164825 drawn in favour of ops with the IDBI Bank for the said pilgrimage tour to the ops and ops received it and encashed it. But just before two days of the said pilgrimage tour complainant was informed orally that the ops could not arrange visa for the said pilgrimage tour and for which the tour was cancelled.
Thereafter complainant went to the op for return back the sum but each and every occasion op showed lame excuses and did not return the said amount and ultimately complainant sent notice dated 25.03.2014 through his Ld. Advocate for refund of the said amount. But op did not agree to comply with the same and also did not give any reply and for deficiency and negligent manner of service and also for adopting unfair trade practice, complainant has filed this complaint praying for redressal against the ops.
Against the above allegation op nos. 1 & 2 by filing this written statement has submitted that Al Israa Tours & Travels Pvt. Ltd. being the op no.1 is a private limited companyfor which the case against op no.1 is not maintainable and its director and with malafide intention and to create pressure, complainant is filed this case against the op no.2 and it is further submitted that op no.2 is connected with Al Israa Tours & Travels Pvt. Ltd. and he is the director. So, against the director no case is liable. But op nos. 1 & 2 have submitted that they never received a cheque from the complainant in his capacity as director of op no.1. So the question of refunding the cheque does not arise and cannot arise. Further they alleged that neither op no.1 and nor op no.2 have ever received any cheque from the complainant in his capacity as director of op no.1 and there is any connection with complainant as such question of booking of any journey for the complainant and subsequent cancellation of the said journey does not and cannot arise and op never received from the complainant. So, the complainant is not entitled to any relief and compensation from the op and such a question of negligent and deficient manner of service on the part of the op does not arise. So, the complaint should be dismissed.
Decision with reasons
On in depth study of the complaint and written version and also considering the argument as advanced by the Ld. Lawyers of both the parties and further considering the written version verified by Rafique Ahmed op no.2 in the instant case as one of the director of Al Israa Tours & Travels Pvt. Ltd. and on behalf of the said company who is made party op no.1 in this case. We find that Rafique Ahmed is in the piecture.
Fact remains that complainant purchased that ticket for UmrahHaj tour on the basis of advertisement of Al Israa Tours & Travels Pvt. Ltd. and there is one trade mark of the said company that is also printed in the said advertisement dated 11.08.2013 and complainant has taken money receipt issued by Al Israa Tours & Travels of 2, Zakarta Street, (Opp. Nakhuda Masjid), Kolkata – 700073 and that money receipt was issued by Al Israa Tours & Travels dated 16.08.2013 being receipt No. 140 and in the said receipt same trade mark is noted which is in the advertisement of the Al Israa Tours & Travels Pvt. Ltd. that means the receipt was granted by the Al Israa Tours & Travels Pvt. Ltd. on 16.08.2013 on receipt of Rs. 7,80,000/- but in the receipt Al Israa Tours & Travels is only noted.
Further from the registration slip of Ministry of Corporate Affairs, Govt. of India it is found that it is the private limited company having its office address is 2, Zakarta Street, (Opp. Nakhuda Masjid), Kolkata – 700073. Being CIN No. is 63090WB 2013 PTC 194727 having registration No. 194727 and directors are Saba Begum and Rafique Ahmed and date of appointment is 17.06.2013.
So, considering the advertisement made by the company for Umrah Haj Ziarat 2013 and also the receipt issued by Al Israa Tours & Travels Pvt. Ltd. and further the company registration certificate, it is clear that Al Israa Tours & Travels Pvt. Ltd. received Rs. 7,80,000/- from the complainant for the said Haj tour and granted receipt on 16.08.2013 is the same organization and Al Israa Tours & Travels Pvt. Ltd. is the same organization and truth is that the money was received by op no.2 whatever may be as director or on behalf of Al Israa Tours & Travels Pvt. Ltd..
Peculiar factor is that Ld. Lawyer for the op failed to give any explanation for what reason in the advertisement for Umrah Haj Ziarat 2013 the trade mark as noted against that advertisement and trade mark as noted in the receipt issued in favour of the complainant on receipt of Rs. 7,80,000/- are same and why the address are also same that had not been explained. Practically it has become a practice of tour and travel agency to grant receipt to the customer in such a fashion in so many cases.
Fact remains in the present case op no. 2 is found conducting the tour and travel trading in a deceitful manner and truth is that this company and their directors (practically it is a private limited company) particularly the op no.2 received the money by issuing the receipt No. 140 of Al Israa Tours & Travels Pvt. Ltd. But in the receipt only private limited word is not there. But Al Israa Tours & Travels Pvt. Ltd. is the same establishment and practically it is being run by Rafique Ahmed but company’s directors are Sabia Begum and Rafique Ahmed. But in the business place at 2, Zakaria Street, (Opp. Nakhuda Masjid), Kolkata – 700073 Rafique Ahmed sits daily and he has been handling the whole business and he received the said amount by issuing that receipt and now he is trying to discharge his liability stating that he never received that amount as the director of this company Rafique Ahmed is running the business till now.
Practically Rafique Ahmed is in the market a well cheat and fact remains he has cheated many Muslims family in such a manner and acquired huge capital and now trying to misappropriate the money of the customers for which such a false defenceis taken by the op.
Most interesting factor is that the said amount was deposited in the account of the said company and it was encashed by op no.2. So in all respect the op nos. 1 & 2 are jointly and severally liable to pay the entire amount of Rs. 7,80,000/- which was received by the op no.2 on behalf of op no.1 and whatever may be the status of op no.2, he actually encashed that amount and he did not render service and practically the hope of completing Haj Yatra by the complainant and his wife have been frustrated for unfair trade practice adopted by the op no.2 and it is the organization of op no.1& 2 and jointly they are liable for their negligence and deficient manner of service and in fact they adopted an unfair trade practice by adopting such procedure particularly this fellow op no.2 is running that business and for which invariably both the ops jointly and severally are liable to refund the said amount and most interesting factor is that notice was sent to the ops and that was received by them but in respect of that no reply was made by op nos. 1 & 2 and it indicates that they have already deceived the complainant for which they are very much silent and now filing false defence and they are trying to get rid of from their liability to pay the entire amount.
On over all evaluation of materials and findings we are inclined to hold that ops jointly and severally deceived the complainant and failed to give proper service even after receipt of Rs. 7,80,000/- for Haj pilgrimage and practically before taking the said amount for Hilton Hotel at Macca, the advertisement was made by Al Israa Tours & Travels Pvt. Ltd. but in the receipt private limited was not there. But anyhow that does not differentiate the status of Al Israa Tours & Travels which is no doubt a private limited company and amount was received by the op no.2 is also proved that Al Israa Tours &Travels and Al Israa Tours & Travels Pvt. Ltd. are same identical establishment because in the advertisement and receipt same trade mark is there.
So, in that circumstances we have gathered that op has filed a false defence in this case only to deceive the complainant for which it is proved that op nos. 1 & 2 jointly and severally has been running a business by adopting unfair trade practice for which they shall have to compensate and refund that amount with cost.
In the result, the complaint succeeds.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest against the ops with cost of Rs. 10,000/-.
Ops jointly and severally are hereby directed to refund Rs. 7,80,000/- to the complainant within 15 days from the date of this order and also shall have to pay a compensation of Rs. 50,000/- for causing harassment, mental pain and agony and also for losing interest over the said amount since 16.08.2013 and same shall be paid along with the said refund amount within 15 days from the date of this order.
For adopting unfair trade practice and also for deceiving the customer in such a manner and only to check such sorts of unfair trade practice and business, penal damages of Rs. 25,000/- is imposed against the ops which shall be paid to the present Forum’s account within 15 days from the date of this order. If ops fail to comply the order within the stipulated period in that case op shall have to pay penal interest at the rate Rs. 500/- per day till full satisfaction of the decree and even penal proceeding shall be started against them for disobeyance and non-compliance of the Forum’s order u/s 27 of C.P. Act 1986 for which further penalty and fine may be imposed.
