In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087. CDF/Unit-I/Case No.163/2012 1) Bishnupada Acharjee, 23/26, J.N. Sarkar Street, Kolkata-48, P.S. Lake Town. ---------- Complainant ---Versus--- 1) Avian Holidays, 2, Gariahat Road (South), Dhakuria, (Dakshinapan Shopping Complex, C/o Ganga Business Centre), Kolkata-68, P.S. Gariahat. ---------- Opposite Party Present : Sri Sankar Nath Das, President. Dr. Subir Kumar Chaudhuri, Member. Smt. Sharmi Basu, Member Order No. 10 Dated 19-04-2013. The case of the complainant in short is that sometime in Nov. 2011 the complainant for his wife and two daughters and his other three family friends had booked the “Malaysia – Singapore – Thailand” tour programme with the o.p. by paying the booking amount. As such the complainant is a consumer of the o.p. and the o.p. is a service provider travel agency who is rendering services to their customer. The schedule amount for the said tour was Rs.61,950/-. The o.p. asked the complainant to deposit Rs.61,900/- per head for their total no. of seven passengers. And accordingly, with their mutual understanding to each other friends, the complainant (for his wife and two daughters) and his other three family friends deposited through cheques their total booking amount @ Rs.61,900/- per head by installments as and when the o.p. was asked for. Complainant paid an amount of Rs.1,40,000/- and Rs.27,227/- respectively through cheque dt.11.11.11 and 25.11.11 respectively in favour of the o.p. against the booking of the said tour. Therefore, complainant paid total amount of Rs.1,67,227/-. Complainant further states that on 25.11.11 one of the executive of the o.p. for the purpose of visa to visit “Malaysia – Singapore – Thailand” scheduled to be held on 24.12.11 received the original passports of the complainant and his other family members as well as other persons who were in the said tour programme. Accordingly, the complainant with his family members and other family friends were taking their preparations for their said tour programme scheduled to be started on and from 24.12.11 during the x-mas vacation of the children of the complainant. Suddenly on 23.12.11 just 24 hours before the date of journey, the o.p. informed the complainant vide letter dt.23.12.11 issued by one executive of the o.p. that the said tour is postponed because they could not arrange the Malaysian Visa. And as such the o.p. refund the money with the original passports of the complainant and his family members. Accordingly, o.p. refund the amount to complainant and his other three friends save and except of an amount of Rs.61,900/- of the complainant. The complainant made repeated request to the o.p. to refund his amount of Rs.61,900/- but o.p. pray for sometime for that. Ultimately, o.p. issued a cheque of Rs.61,900/- dt.7.12.12 in favourf of the complainant. But unfortunately, the said cheque was dishonoured. Complainant made a contact to the o.p. when o.p. issued further cheque of Rs.21,900/- dt.13.2.12 in favour of the complainant’s wife, out of total due amount o9f Rs.61,900/-. And o.p. had requested the complainant to wait for sometime, since he is lack of fund and more so he gave assurance that very soon he will refund the balance amount. But unfortunately on 15.2.12 the said cheque of Rs.21,900/- was also dishonoured. Complainant visited the office of o.p. and requested to refund the complainant’s total due amount of Rs.61,900/-. O.p. gave verbal assurances that very soon the total amount of the complainant will be refunded by the o.p. But without any previous intimation suddenly on 23.12.11 just before the 24 hours of the date of journey the o.p. cancelled the said tour programme on the ground that they could not arrange the Malaysian Visa, which is very much unjust and unwarranted and frivolous. In spite of repeated verbal representations made by the complainant to the o.p. thus asking for refund the complainant’s total due amount of Rs.61,900/- but every time the o.p. gave their verbal assurances that very soon they will refund the total payable amount of the complainant. But till date the o.p. did not make any payment towards the same. Hence the case was filed by the complainant with the prayer contained in the petition of complaint. O.p. did not contest this case by filing w/v and matter was heard ex parte against the o.p. Decision with reasons: We have gone through the pleadings of the parties, evidence and documents in particular and we find sometime in Nov. 2011 the complainant for his wife and two daughters and his other three family friends had booked the “Malaysia – Singapore – Thailand” tour programme with the o.p. by paying the booking amount. As such the complainant is a consumer of the o.p. and the o.p. is a service provider travel agency who is rendering services to their customer. We further find that the schedule amount for the said tour was Rs.61,950/-. The o.p. asked the complainant to deposit Rs.61,900/- per head for their total no. of seven passengers. And accordingly, with their mutual understanding to each other friends, the complainant (for his wife and two daughters) and his other three family friends deposited through cheques their total booking amount @ Rs.61,900/- per head by installments as and when the o.p. was asked for. It is seen from the record that complainant paid an amount of Rs.1,40,000/- and Rs.27,227/- respectively through cheque dt.11.11.11 and 25.11.11 respectively in favour of the o.p. against the booking of the said tour. Therefore, complainant paid total amount of Rs.1,67,227/-. Complainant further states that on 25.11.11 one of the executive of the o.p. for the purpose of visa to visit “Malaysia – Singapore – Thailand” scheduled to be held on 24.12.11 received the original passports of the complainant and his other family members as well as other persons who were in the said tour programme. Accordingly, the complainant with his family members and other family friends were taking their preparations for their said tour programme scheduled to be started on and from 24.12.11 during the x-mas vacation of the children of the complainant. It transpires from the record that suddenly on 23.12.11 just 24 hours before the date of journey, the o.p. informed the complainant vide letter dt.23.12.11 issued by one executive of the o.p. that the said tour is postponed because they could not arrange the Malaysian Visa. And as such the o.p. refund the money with the original passports of the complainant and his family members. Accordingly, o.p. refund the amount to complainant and his other three friends save and except of an amount of Rs.61,900/- of the complainant. The complainant made repeated request to the o.p. to refund his amount of Rs.61,900/- but o.p. pray for sometime for that. Ultimately, o.p. issued a cheque of Rs.61,900/- dt.7.12.12 in favourf of the complainant. But unfortunately, the said cheque was dishonoured. It is also seen from the record that complainant made a contact to the o.p. when o.p. issued further cheque of Rs.21,900/- dt.13.2.12 in favour of the complainant’s wife, out of total due amount o9f Rs.61,900/-. And o.p. had requested the complainant to wait for sometime, since he is lack of fund and more so he gave assurance that very soon he will refund the balance amount. But unfortunately on 15.2.12 the said cheque of Rs.21,900/- was also dishonoured. On perusal of the record we find that complainant visited the office of o.p. and requested to refund the complainant’s total due amount of Rs.61,900/-. O.p. gave verbal assurances that very soon the total amount of the complainant will be refunded by the o.p. In view of the above findings and on perusal of the entire materials of the record we find that the evidence of the complainant has remained unchallenged testimony and o.p. had sufficient deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief. Hence, ordered, That the case is allowed ex parte with cost against the o.p. O.p. is directed to refund a sum of Rs.61,900/- (Rupees sixty one thousand nine hundred) only to the complainant being the booking balance amount against the aforesaid tour and is further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization. Complainant is at liberty to file execution case before this Forum in case of non-execution of the aforesaid order in its entirety within the stipulated period under the provision of COPRA, 1986. Supply certified copy of this order to the parties free of cost. | 
