This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that Mr. Abhijit Dhar, the Director of the OP, M/s. Alps Tourist Services (P) Ltd advertised for a “Dream Package Tour” named as ‘Grand Europe’ covering nine countries of Europe commencing from 24^th May, 2013.  Complainant and his family members agreed to have that package tour and accordingly complainant for the said package paid Rs.12,06,122/-  out of that by cheque Rs.553802/- and by Euro Currency Rs.652320/-.  Complainant was personally assured by Mr. Abhijit Dhar, Director, OP to guide the tour by himself so that such a big tour covering European countries could be completed smoothly at the experienced guidance of such a professional person and same assurance was conveyed to the Deputy High Commission Office, Kolkata by the OP by their letter dated 09-04-2013 but ultimately on 23-05-2013 complainant came to know that Mr. Abhijit Dhar in complete breach of his assurance to the British High Commission was not accompanying the tour and on the day of journey one Mr. Arup Das, neither an employee of the OP nor a professional guide, was sent with the group posting as Guide resulted in total mismanagement and misguidance of the ‘Dream Tour’. 

          From the very appearance at London, the first destination of the tour the OP started deviating from the published itinerary causing serious strain and discomfort of the complainant and other participants and the guide Mr. Arup Das refused to hear any word from the complainant or other participants, showing another itinerary reportedly given to him by OP and Arup Das expressed that he is unable to deviate from that itinerary as given by Abhijit Dhar.

          Fact remains OP instead of check in hotel compelled the complainant and the group to start for sight-seeing tour right from the London Airport after about fourteen hours flight journey from Kolkata without any consideration of Jet Lag and at a foreign country the com plianant felt totally helpless on such proposition as the entire package cost was already paid to the OP and it was not financially possible to shift to a hotel at one’s one cost and as per the official published itinerary the group was scheduled to check in the hotel first after landing from the plane and start for tour after taking some rest.  As the daily medicines and warm clothing were in main luggage and for freshening up everyone required immediate hotel check in, but the OP took the group from Airport straight for sight-seeing and returned to a hotel for check in only in the evening at 7-30 p.m. though vehement protests was made by the groupdenying to see ‘London Eye’ on that day.  Thus the thrill of dream London Tour was shattered on the very first day and all the participants got sick at such strenuous long journey within Jet Lag.

          Complainant lodged a complaint on 26^th May, through mail from London hotel to the OP regarding the sufferings caused by the OP and requested him on behalf of all other participants not to repeat such late check in at Amsterdam Hotel on 28^th May, 2013 in the evening after whole night ship journey on 27^th May as proposed by Mr. Arup Das, their guide.  OP did not arrange to see the famous places of London as mentioned in the itinerary such as Westminster Abbey, Tower Bridge, Tower of London, Piccadilly Circus, Trafalgar Square, Bank of River Themes etc. they only arranged on ‘Orientation Tour’ on 25^th May, within Jet Lag as mentioned earlier, in which the participants were not allowed to get down from the Bus or take photos and some places were shown from the moving Bus at 40km/h speed.

          OP without showing the important places or allowing time for shopping, took the complainant to the Harwich sea port at 5 p.m. on 27^th May, through ferry departure time was 11.15 p.m. and the group boarded at around 10 p.m. thereby intentionally wasted about 5 hours time on the bus at that lonely place.  Further in respect of complainant’s mail from London and repeated requests to the guide Mr. Arup Das did not arrange hotel check in on arrival at Amsterdam arrived at 8 a.m. and after whole day arranged for check in at 10 p.m. to kill time he took the group to a Cheese Factory not in itinerary and wasted three hours time.  Instead of taking to hotel the OP compelled the tired group to go on Canal Cruise on glass top roof at mid day sun heat and complainant’s family members felt sick along with most of the aged participants.  Practically complainant submitted that the OP unnecessary wasted hours after hours after hours as dinner time not started, but did not take the group to Hotel though in the above stated itinerary it was clearly mentioned to check in hotel before dinner. 

          In fact, intentionally OP arranged the programme in such a manner that on most of the days the complainant along with a three year kid was subjected to 10-14 hours bus journey and late Hotel check in though it was never mentioned at the time of package booking and OP avoided all these matters only for profit purpose and further OP never took the group to any destination city hotel directly after such journey for the purpose of making delay, on the way to Paris the OP wasted three hours time and unnecessarily interchanged the Bus and in such a fashion they harassed the complainant and other participants and practically in such a manner in all places OP did not give proper rest proper time to see the sites even at Switzerland to Paris and other places at Germany etc. and by such act OP showed irresponsibility when the entire tour of the complainants were scheduled and in fact after spending more than 12 lakhs they failed to enjoy the tour and failed to see the historical places at Europe and other countries like Switzerland, Germany, London and everything was done only for curtailing the cost by their guide etc and by that way they have deprived the complainant for enjoying the tour and to see the sight-seeing and further Abhijit Dhar purposely did not attend the tour and deputed inexperienced and non-gentlemen as guide.  So, in the circumstances complainant has prayed for refund of 50% of the deposited amount for negligent and deficient manner of service and for not giving proper services as per final itinerary supplied to the complainant at the time of booking the package tour.

          On the other hand OP by filing written statement submitted the entire complaint is civil in nature.  Complainant is not a consumer when he enjoyed the entire journey and fact remains OP failed to join the journey due to his preoccupation and appointed an experienced and efficient guide for such tour who has vast knowledge regarding foreign tour.  Further submitted that check in happened at 2 p.m. an d appropriate route to check into the hotel after city orientation tour of London along with lunch and OP took proper route after city oriental tour along with London-eye and Madam Tussahs as the OP has to complete the tour with the time allotted.  After receiving request from most of the travellers the tour group checked in to the hotel at 17-30 p.m. as per hotel record and also London-eye visit has been postponed on following days and for the conveyances of the tourists the OP arranged dinner in the hotel which cost hefty amount and OP expressed that orientation tour means excursion of a city in a moving b us which the complainant did not understand that apart the OP submitted that before the date of journey the tour programme had been duly handed over the tourist party for their knowledge and complainant after receiving such information did not raise any dispute OP differences regarding tour programme and therefore, after visiting the entire tour at this stage the complainant cannot blame the OP with false allegation.  Further it is submitted that regarding Amsterdam hotel check in the OP submitted that due to discoordination of most of the travellers as most of them choose to wonder around at their own at Dam Square without considering the team leaders requests to be back on schedule time and, therefore, the same became very difficult for the team manager to maintain the time schedule and tour programme specially when the tour is/was a group tour and not an individual tour and regarding Cheese factory it is a popular and prime attraction before the travellers and therefore, it is always visit places in all the tours as it happened in this tour also.  Regarding hotel accommodation it has been communicated to the travellers that in case of group tour the OP generally check in hotels which will be the outskirts especially in giant cities like London, Paris and Rome and as per tour programme the OP had to get the travellers a plane from Paris to Zurich(Swiss) but as the travellers wished to see Cologne as and when travellers take a high way road from Paris to Central Switzerland.  One cannot avoid a stay in midway as being a European driver is not allowed to drive a long distance coach for more than 11 hours at a stretch.  It is also to be mentioned that OP is a renowned with catered such business from many years with reputation and never faced such complaint in past.  As the tour covered nine countries and, therefore, the OP generally did not commit that the entire journey they had a different crossover time and the same will vary from 3 to 8 hours and that apart the complainant as well as travellers enjoyed the tour programme and there was no departure from the itinerary further. 

          It is submitted that OP received the E-mail and replied the E-mail with proper explanation which the complainant understood and acted accordingly. 

Lastly OP has submitted that prayer for refund of the 50% of the tour cost cannot be considered because the complainant with his families travelled the entire tour enjoyed the same and completed the journey as per the itinerary and at this stage complainant cannot claim such amount from the OP and claim of the complainant clearly indicates only for getting such amount by creating pressure upon the OP and for which the same shall be dismissed.

Decision with Reasons

In fact in this case Grand Europe Tour was conducted by the OP. Date of departure was 24-05-2013 and from highlights of the tour it is found that England stay was for two nights and one night Cruise and there were some places which shall be shown as admitted.  At Netherlands it was one night along with sight-seeing of the several places, in France two nights, in Germany one night, Switzerland three nights, Austria one night, Italy with Vatican for three nights and these tour programe was supplied by the OP to the complainant and complainant was satisfied and then deposited the entire amount as per requirement.  It is also found from the letter to Visa Officer, The British Deputy High Commission, Kolkata dated 09-04-2013 that Abhijit Dhar was accompanying as group leader and tourist visa was granted by the British Deputy High Commission but before journey it was not reported that Abhijit Dhar shall not be accompanying them.  From final itinerary it is found that there are certain details of itinerary but fact remains as per itinerary complainants were not given such services and benefits though they paid huge amount i.e. 12 lakhs and it is also proved that some other person was deputed who did not hear the complainant’s cry as per itinerary supplied by Abhijit Dhar at the time of booking the tickets and truth is that after arrival at foreign land all tourists were under the supervision of any tourist company so it is impossible for any tourist to spend huge money for their refreshment and other cost when they have already paid the sum and undisputed fact is that Abhijit Dhar did not go so complainant sent an E-mail on 27-05-2013 and that was received by the OP but OP did not respond or did not contact with tourist to specify the tourist that the tour shall be continued as per itinerary as supplied.  After hearing the Ld. Lawyer for the OP and also considering the submission of the complainant himself we have gathered that on 25-05-2013 on their arrival at Airport only 2/3 hours orientation tour was conducted and some places were shown but only they were allowed to get down only at Albert Hall and Buckingham Palace but House of Parliament, Hyde Park, Big Ben, Bank of River Themes, Trafalgar Square, West Minister Abbey, Tower Bridge, Tower of London, Piccadilly Circus, Bank of England, Downing Street, St. Paul Cathedral, London Planetarium were not shown and on 27-05-2013 only two hours free time was allotted at Oxfort Street and was taken to port at 5 p.m. for the ferry scheduled to start at 23.15 p.m. and similarly at Amsterdam no city orientation tour was made and also Diamond Factory, Clog Factory, Van Gogh Museum etc. and other famous places were not shown instead of that parked the in a Cheese Factory and wasted about three hours.  Further in an atmosphere of intolerable sun heat Made Canal Cruise at mid day was arranged instead of evening light. 

          At Brussels no orientation tour was arranged to see the famous places on 29-05-2013 and there was no scope of short introduction of Paris beauty on the day after 50 kms journey and 3 kms walking at Brussels and no panoramic tour was organized, no guide was provided to see cultural and architectural glory and see any other places no guide was provided for Louvre Museum and dinner time was not allotted and poor packed dinner was served without keeping in the hotel.  At Switzerland complainants were not given any chance to visit anyway, in Austria no orientation tour was made, in Italy at Florence no orientation tour was made remarkable Signoria Square, White Marble Cathedral, at Venice, Murano Glass Factory was not shown and no orientation tour at San Marco.  At Rome Hotel check out was at 11 a.m., flight at 11.15 p.m. for these 12 hours no programme was planned so the bus was parked at a local departmental store.

          In fact OP has failed to deny all the allegations by any means except by stating that tour had already been completed and invariably complainants were there with his family members and other tourists     and their allegations are false but after considering the letter to the OP by the complainant dated 30-05-2013 it is clear that complainant pointed out all the loopholes of the tour along with letter of complainant a detailed day-wise journey against Grand Europe tour but against that OP was silent. 

          Most interesting factor is that stay at England he approached to the office of the OP about the dissatisfaction but OP did not respond.  Most vital factor is that OP did not accompany the complainant and, in fact, complainant and their family members completely relied upon the OP when he prayed for VISA and conducting the tour as main guide but he did not do it.  It indicates that OP only for the purpose of collecting money from the tourist prayed for VISA for himself to guide the entire tour and it is one kind of advertisement but OP ultimately did not serve the complainant by guiding them and he avoided the said journey and conducted the tour by placing one person having no knowledge and he never visited any foreign tour with any tourist party and another factor is that by sending such person practically OP was pulling thread so that the OP may get more profit by conducting such tour hastely and by shortening the hours of tour and spending small amount for other conveyance.  Truth is that OP did it with full knowledge and for which he supplied one itinerary to the tourist at the time of booking whereas OP supplied alternative itinerary details to his guide but not supplied to the tourist before departure but really alternative itinerary details was it is in the hand of the guide.  So, we are convinced that OP adopted unfair trade practice by not giving any chance to the tourist to see remarkable places so that they may minimize their cost for conducting the tour and may get more profit that has been done by the OP that is proved and if actually OP after receipt of the complaint by the complainant during tour hours from London had any intention to give proper service to the complainant tourists and other tourists in that case OP must have to contact with the tourist but he did not contact and did not send any reply but OP was observing how the entire tour programme might be completed and closed and fact remains complainants were deprived to get any chance to see several beautiful and renowned places even after spending huge amount and truth is that as per itinerary details as given to the complainant at the time of booking the tour no doubt complainant paid entire amount and more than 12 lakhs but did not get chance to visit or to enjoy the historical places and renowned places of London, Amsterdam, Brussels, Paris, Switzerland. Austria, Venice, Italy etc. and no doubt there was a contract so they shall have to get such chance to enjoy and to see those places as per itinerary chart then it was the bounden duty on the part of the OP to show all the places but that had not been shown but invariably OP has acted illegally and violated the terms and condition of the package tour and also deceived the tourist in such a manner by squeezing huge money by not giving proper conveyance, amenities and proper chance to visit all the places of Europe and by such an act complainant have been  cheated by the OP in this regard we have gathered in so many case in foreign tour practically the travel agencies are depriving the people not only that travel agency of India also of Bengal are cheating public in so many ways through their package tour within India also and huge number of cases are being filed by the travellers after their return and truth is that in this case OP Abhijit Dhar as proprietor of the business no doubt cheated the complainant and squeezed huge money but failed to give any chance to see the places which are included in the itinerary chart as supplied  by the OP to the complainant so, apparently the allegation of the complainant is found well established by materials and also from the conduct of the OP and his silence even after receipt of complaint from the complainant from London on 27-05-2013 and at the same time only to deceive the complainant OP did not accompany them as guide though he assured that they shall have to take the tour that means he is master minded merchant who deals unfair trade practice to squeeze money from the travellers which is proved in this case for which this case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest with a cost of Rs.10,000/- (Rupees Ten thousand only). 

          Considering the payment of Rs.12,06,122/- by the complainant for such tour and also for not getting such avenues and facilities during their stay as per tour package and for getting no chance to see several places of Europe no doubt complainant is entitled to get compensation from the OP because complainant has been harassed by the OP and at the same time complainant lost huge money for Europe Tour but did not get any chance to enjoy many places as per itinerary chart what caused various loss to the family members and complainant because it is impossible for any tourist to arrange for such a tour again and again by spending huge money and for that reason OP shall have to pay sum of Rs.3,50,000/- (Rupees Three lakh fifty thousand only) as compensation to the complainant without any fail and within one month from the date of this order.           

          Further for adopting unfair trade practice and for deceiving consumer in such a manner OP is imposed a penal damages of Rs.50,000/- (Rupees Fifty thousand only) which shall be paid to the Forum by the OP.

          OP is directed comply the order within one month from the date of this order in default for disobedience of the Forum’s order and also for non-compliance of the Forum’s order he shall; have to pay penal interest @Rs.500 per day till full satisfaction of this order and if it is collected same shall be deposited to the Forum.  Even after if it is found OP is reluctant to comply the order in that case penal action shall be started against them for which a penal proceedings u/s.27 will be started.