Complainant by filing this complaint has submitted that as per the advertisement of the op, published on Sunday in the “Bartaman Patrika” for conducting a tour, he went to the office of the op on 02.04.2012 for booking the tour programme “Kashmir with Vaishno Devi” by air and train and accordingly, the complainant paid Rs. 34,000/- to the op on 02.04.2012 as advance booking money and further paid Rs. 10,000/- vide receipt No. 157 dated 03.10.2012 finally for the conducted tour from 20.10.2012 to 28.10.2012.

          It is stated by the complainant that as per schedule of the programme, journey was to be commenced from Howah to New Delhi by train, Kolkata Rajdhani Express and from New Delhi by Air as communicated by the op and also the tour included fooding lodging and transporting etc. for which the total cost to be bourne by the conducting tour operator/op.

          Fact remains while the complainant being a doctor, made all necessary arrangements for the proposed tour along with his family members and also taken leave from his employer to avail of the conducted tour programme to be scheduled from 20.10.2012 to 28.10.2012 as usual, but unfortunately the tour was not conducted by the op who intimated him that owing to the cancellation of flight No. 305 originating from Delhi on 21.10.2012 for Srinagar by “King Fisher Airlines” the schedule tour could not be operated by them.  It is also stated by the complainant that even after persuasions the op did not provide, any further tour programme due to alleged cancellation of the schedule tour just one day ahead of the date of journey and for this the complainant became shocked due to such conduct of the op.  Accordingly, the complainant requested them to refund his money, but the op did not pay any heed to make the refund to the complainant.

          Being aggrieved, the complainant sent a legal notice dated 14.04.2014 addressed to the op for refund of his money which was returned with the postal remark “not known” and yielded no result since all attempts to get back the money were in vain.  Finding no other alternative the complainant filed this case before the Ld. Forum for redressal of his case.

          Fact remains that the complainant took all initiatives for serving the notice upon the op and ultimately considering the entire records it appears that notice was duly served upon the op what is apparent from the postal internet status report as filed by the complainant which is within the record.  But anyhow even after receipt of the said notice of this case, the op did not appear before this Forum.  Since, the op did not turn up and appeared to defend the allegations of the complainant, ultimately for its nonappearance before the Ld. Forum, the case is heard ex-parte.

Decision with reasons

          On in depth study of the complaint and on evaluation of the material documents as filed by the complainant, it is found that the complainant has deposited Rs. 34,000/- vide receipt No. 109 dated 02.04.2012 and Rs. 10,000/- vide receipt No. 157 dated 03.10.2012 respectively i.e. total sum amounting to Rs. 44,000/- to the op/Rahee Special for visiting Kashmir for the scheduled tour programme to be conducted by them and the scheduled dated of journey was on 20.10.2012.

          The main contention of the complainant is that though he intended to travel, deposited the money amounting to Rs. 44,000/- to the op/Rahee Special for the scheduled programme, unfortunately the tour was not conducted by the op at all, as per schedule date of programme.

          As soon as the complainant came to know about the postponement of the tour programme, immediately he contacted the op who intimated him that the tour could not be operated due to cancellation of flight No. 305 originating from Delhi on 21.10.2012 for Srinagar by “King Fisher Airlines” though he categorically requested the op, not to purchase air ticket of “King Fisher Airlines” since internal labour disputes were going on amongst the management and employees of the company, but the op did not pay any heed with the request made by the complainant but the reason was best known to them.

          Since the op did no conduct the tour programme at all, as such the complainant requested the op to refund the money, but the op even after several persuasions made by the complainant, have not refunded the money of the complainant being received the money by them for conducting the tour at Kashmir who also cancelled the tour programme on their own and did not pay any heed to refund the money to the complainant. While, the complainant sent a legal notice dated 14.04.2014 addressed to the op, the said letter returned with the postal remark “not known” and ultimately the ops have not refunded the money to the complainant.

          We have heard the complainant and perused the documents on records.  No doubt the complainant submitted all the documents as reflected above and those documents support the case of the complainant as unchallenged testimony and documents.

          On careful consideration of the materials and the evidence led by the complainant which remain unchallenged testimony supported by documentary evidence of the complainant we are inclined to hold that the complainant has definitely been harassed due to cancellation of tour programme and such irresponsible act of the op/Rahee Special who failed to arrange the tour programme and due to such act of failure on the side of the op, the whole programme from the side of the complainant were shattered who made all necessary arrangements for the proposed tour to be conducted by the op what caused deficiency on their part and also unfair trade practice is proved and so the op is liable to refund the entire advance money paid amount to the complainant and also to pay the other relief as claimed.

          In the result, the case succeeds.

          Hence, it is

ORDERED

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

          The op is directed to refund Rs. 44,000/- to the complainant along with interest  at the rate 10 percent p.a. w.e.f. 01.07.2014 and also litigation cost till its realization but same shall be paid within 15 days from the date of this order positively.

          The op is also imposed punitive damages of Rs. 20,000/- for adopting unfair trade practice and said amount shall be deposited to this Forum within 15 days from the date of this order.

          The op is directed to comply the order of this Forum within 15 days from the date of this order failing which per day penal interest of Rs. 100/- shall be assessed till full satisfaction of the decree and if said amount of punitive and penal damages are collected, the amount shall be deposited to this Forum on proper receipt.  Even, if the op neglect to comply, penal action/proceeding should be initiated u/s 27 of C.P. Act, 1986.

          Complainant to send this copy of judgement to the op at once for compliance.