DATE OF FILING                    :  06.06.2014.

DATE OF S/R                            :   05.08.2014.

DATE OF FINAL ORDER      :    29.05.2015.  

Sri Sailendra Nath Mukherjee,

son of late Bamapada Mukherjee,

residing at Kadamtala  Govt. Quarters,

Block B, Room No. 7, P.O. Kadamtala, P.S. Bantra,

District Howrah. ……………………………………………………… COMPLAINANT.

• Versus -

   

  Avian Holidays,

  situated at 2, Gariahat Dhakuria,

  Kolkata 700068,

  being represented by its proprietor

  namely  Samir Sanyal,

  residing at 178/1, P.K.  Guha  Road, Dumdum near Kumar Para Lane,

  Kolkata 28. ……….. …………………………………………………OPPOSITE PARTY.

   

                                                  P    R    E     S    E    N     T

   

  President     :     Shri     B. D.  Nanda.

  Member      :      Smt. Jhumki Saha.

                                                 Member       : Shri Subrata Sarker.      

                           

                                                   F  I   N   A    L       O   R   D    E     R

   

   

• 1. This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Sailendra Nath Mukherjee, praying for an order directing the o.p., Avian Holidays, to refund Rs. 83,089/- with interest till realization and also for an order directing the o.p. to pay compensation for a sum of Rs. 2 lacs and Rs. 1 lac for physical and mental harassment and Rs. 20,000/- for litigation costs.

   

• 2. The case of the petitioner is that on 10.01.2012 he noticed an advertisement in the Ananda Bazar Patrika tour column that the o.p. would organize Manash Sarabor Kailash tour by road without walking and the petitioner approached the o.p. a 17 days’ tour of Manash Sarabor Kailash Package which was fixed on and from 26.6.2012. The o.p. asked the complainant to pay Rs. 83.089/- and on 18.1.2012 there was an agreement between the parties and the petitioner paid Rs. 25,000/- by cheque to the o.p. and the rest Rs. 58,089/- was paid to Nabarun Ghosh, office personnel of o.p., in the house of the petitioner. Both the payments were made by cheques and receipts were issued. Suddenly the o.p. informed the petitioner in August, 2012 that the tour was cancelled due to unavoidable circumstances and he asked the petitioner to collect his money and a cheque was issued in favour of the petitioner amounting to Rs. 83,089/- and when the cheque was presented before the bank of the petitioner then the same cheque was bounced. He went to the office of the o.p. as well as wrote to the Government and finding no other alternative filed this case prying for refund of the money and compensation.

   

• 3. The petitioner also served legal notice on the o.p. but in spite of service of notice through Forum o.p. did not appear in the case and thus the case is heard ex parte against the o.p,

4. The payment was made within the jurisdiction of this Forum and thus the cause of action arose here.

5. In support of case,the petitioner, Sailendra Nath Mukherjee, filed several documents like the xerox copy of the Ananda Bazar Patrika showing the advertisement and also documents showing the tour programme and two payment receipts, one being of Rs. 20,000/-on 18.01.2012 and the other being of Rs. 58,089/- on 01.6.2012 and all these payments proved the case of the petitioner. The petitioner also produced one cheque amounting to Rs. 83,089/- issued by o.p. in favour of petitioner on 27.8.12 which was bounced as there was insufficient fund and all the above documents went unchallenged and there is nothing to disbelieve the case of the petitioner and these documents proved the facts of the case of the petitioner.Thus, the petitioner succeeded in proving his case.

6. Court fees paid by the petitioner is correct.

Hence,                                    

O     R     D      E      R      E        D               

      That the C. C. Case No.  323 of 2014 ( HDF 323  of 2014 )  be  and the same is allowed  ex parte  with  costs of Rs. 5,000/- be paid by the o.p. to the petitioner.    

      The petitioner is entitled to refund of money paid by him being Rs. 83,089/- with interest from the date of payment @ 9% p.a. till realization of the amount and the o.p. is directed to make the said payment  within 30 days from the date of this order failing the petitioner would be at liberty to put order in execution.         

      The petitioner is also entitled to get compensation for a sum of  Rs. 10,000/- for his physical and mental harassment.   

      The  o.p. is directed to pay the  aforesaid amount  within 30 days from the date of this order  i.d., interest would accrue @ 9% p.a. on the paid amount plus interest after of  the expiry of the aforesaid period.  

      The case is disposed of accordingly.         

      Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

  (    B. D.  Nanda   )                                              

  President,  C.D.R.F., Howrah.