Order-15.
Date-24/06/2015.
Complainants by filing this complaint submitted that after seeing an advertisement on the Anandabazar Patrika for tour to various places in India by Banerjee Tour Special of 32/B, C.R. Avenue, Kolkata-12 including two cell phone numbers were given in that advertisement. So, the complainants contacted over phone with the first phone number of Ms. Payel Chakraborty who requested them to meet at their abovementioned office and after discussion with Ms. Payel, complainants agreed to visit to Hyderabad, Vizac and Arakku Valley with the tour company on 05.10.2014 and return journey was on 14.10.2014. Ms. Payel assured the complainants to bring from Howrah Station and will show all the site scenes and provide them suitable railway tickets, food and lodging etc. and after completion of the tour ops drop the complainants to Howrah Station on 14.10.2014. But from the very beginning and after reaching to Hyderabad their tour manager continuously harassed the complainants by providing hotel rooms of substandard food and also the tour hours.
At first complainants reached at Hyderabad on 06.10.2014 and next day i.e. 07.10.2014 they visited Ramoji Film City and other site scenes and on the next day i.e. 3rd day visited rest tourist spots of Secunderabad at their own cost of Rs. 2,500/- and stayed their two nights and on 3rd night i.e. on 09.10.2014 complainants started for Vizac where the schedule time was 09:45 p.m. of train. So, they had to stay one double bedded room at day time as the tour manager did not care about their stay.
However complainants reached at Vizac on 09.10.2014 and also same thing was happened by the tour manager for allotting of room. Tour manager allotted two double bed rom on the roof top for their six family members. So, complainant rang to Mr. Bappa Adhikary for allotting another room, but he also threatened the complainants and at last they arranged another room at their own cost and also on that day complainants hired a car to visit Yarada Beach and Light House at their own cost of Rs. 2,500/-.
But on 11.10.2014 morning complainants started for Arakku Vally by Train and reached at 10:30 a.m. Then they started for various site scenes at Arakku and stayed there at night but unfortunately a heave storm namely Hud Hud came and destroyed various places of Andhra Pradesh including Arakku, Vizac. Most of the trees were up rooted and fell on roads for which they had to stay at Arakku upto 14.10.2014 and on the same date on the way to Vizac in the evening to Ms. Payel op no.2 they narrated the situation and requested to cancel the return tickets from Arakku to Vizac and Vizac to Howrah which was scheduled on 13.10.2014.
On 15.10.2014 they reached at Vizac and hired the same hotel i.e. Royal Mid Town at their own cost and requested Bappa Adhikary op no. 3 to book their return tickets from Kolkata and op no.3 booked 5 tickets for six family members at sleeper class on 17.10.2014 but the train was cancelled. So, at their own initiation and cost they booked tickets on 17.10.2014 for journey on 18.10.2014 from Vizac to Howrah via Bhubaneswar and at last they reached at Howrah on 19.10.2014.
On 20.10.2014 complainant personally contacted to Ms. Payel op no.2 for refund of cancellation ticket money and op no.2 assured him to come after Vatria Ditya. I also contacted with op no.3 for refund of cancellation money, but he refused to refund as the Coromandal Express diverted from Vijaywara Station. After that complainant also contacted to the Chief Commercial Manager (Refund), South Eastern Railway who told the complainant to contact the Manager, IRCTC Mr. Arup Nag Bhattacharya and after seeing the tickets, Mr. Bhattacharya told the complainant that the tour operator booked tickets illegally by using personal user Id of IRCTC. So, it is not possible for refund.
On 10.11.2014 complainant sent a letter to op no.3 for refund money of cancellation of two tickets of Rs. 5,948.7 paisa but they did not pay any heed and on 26.11.2014 complainant received an unsigned letter on 24.12.2014 from Banerjee Special where the TDR details of one cancelled ticket and dictate the complainant to contact to Indian Railway Authority instead of refund of money. In the above circumstances, complainant prayed for compensation for their rude behavior and also for not giving proper service for tour programme.
On the other hand op by filing written statement submitted that complainant no.1 visited the office of op no.1 and requested the representative of the op no.1 to give details of the places where package tour will be conducted by the op no.1 and complainant no.1 after much consultation with his family over telephone took the decision for going to Vizag and Araku Valley. Later on complainant asked the op to add Hyderabad in their tour itenary and the package cost was Rs. 10,500/- on the basis of 3 in a room. Complainant no.1 persuaded the op no.1 to give him concession otherwise it was costly for him. So, op no.1 allowed concession of Rs. 500/- per head i.e. Rs. 3,000/- of six members.
The journey was started from Howrah Station on 05.10.2014 and reached Hyderabad on 06.10.2014 and complainants were in Hyderabad up to 08.10.2014 and thereafter by train they went to Vizag for two days i.e. 09.10.2014 and 10.010.2014 and on 11.10.2014 went to Araku Valley and the entire journey including lodging, food, sight scenes and travelling was very smooth and completely satisfactory of the complainants and other families in the same tour group enjoyed it very much and had no complaint against the ops and the allegation of the complainant that from the very beginning the tour manager continuously harassed by providing Hotel rooms to sub-standard food as falsely alleged and it cannot be proved by the complainant and complainant never visited at their own cost to the rest tourist spots of Secunderabad at their own cost of Rs. 2,500/- as alleged.
It is specifically denied the allegation that the manager surrendered one double bed room to hotel authority and ordered the complainants to share during day time in one room as alleged. But fact remains that the tour manager allotted two double bed rooms on roof top for the family members of the complainant as alleged and all the rooms were allotted by the Hotel Authority and the complainants accepted the rooms suggested by the Hotel Authority and the tour manager had no role to play in allotment of rooms. Bappa Adhikary never ignored and threatened the complainants and the complainants cooked up a concocted story to harass the ops.
Fact remains that on 09.10.2014 complainants were with the tour party and as such ops have no knowledge whether complainants hired the car at their own cost as alleged. As per tour schedule the tour party including the complainants reached Araku Valley by Kirandule Express as per schedule on 11.10.2014. But due to heavy storm rain and cyclone Hud Hud it was not possible to return to Vizag on 12.10.2014. But complainants on 13.10.2014 pressurised the tour manager to arrange for conveyance so that complainants could return to Vizag. Tour manager and other members of the tour party protested against the suggestion of the complainant no.1 because the entire road back to Vizag was through hilly terrain and dense forest and no one was ready to take such risk and ultimately complainant did not go to Vizag. On that day and at that point of time the tour manager got the information that train from Araku Valley to Vizag will start running from 15.10.2014 and requested the complainants to avail of train service on 15.10.2014. But the complainants did not adhere to the request of the tour manager and again started pressurizing the tour manager to go to Vizag on 14.10.2014. So, ops arranged for car and the entire tourist party including the complainants started for Vizag after lunch at Araku Valley. But on the way they faced severe situation due to fall of trees on the road and terrific climate situation. Even the tour party had to stay in a Church in the forest on 14.10.2014 and reached Vizag at about 3:30 p.m.
On 14.10.2014 op no.2 Bappa Adhikary tried to book tickets for the complainants and other members of the tour party from Kolkata on Tatkal for 15.10.2014 but no ticket was available due to the rush which was beyond the control of the ops. The train from Vizag to Howrah scheduled to run on 13.10.2014 was diverted to Vijaywada.
Again on 15.10.2014 op no.2 Bappa Adhikary tried to book tickets by Tatkal for 16.10.2014 from Kolkata but tickets were full due to heavy rush and was unable to purchase the tickets. So, on 16.10.2014 tickets were booked for 17.10.2014 on Shalimar Weekly Express from Kolkata by op no.2, but the train was cancelled and the price of the tickets was paid by the ops and not by the complainants. Tour manager on enquiry from the Railway Authority came to know that train service from Vizag was uncertain and regular train service will not be available within a week. Considering the grave situation, the tour manager consulted with the tour members and the op and was decided to go to Bhubaneswar in Orissa and accordingly the entire tour group went to Bhubeneswar on 18.10.2014 by Vishakha Express and from there returned to Kolkata by Jagannath Express on 19.10.2014. But it is not correct and without basis that the complainants at their own initiate booked tickets on 17.10.2014 for journey dated 18.10.2014 via Bhubaneswar as alleged. The cost of lodging at Royal Mid Tower for the tour members including the complainants was borne by ops on 16.10.2014.
In case of cancellation of tickets purchased through internet by the op cannot be refunded from the reservation counter and op has already submitted TDR for refund of money and now it is completely under discretion of the Railway Authority when to refund money and the op after reciving the refund money from the Railway Authority will immediately return the same to the complainant and op no.2 Bappa Adhikary has already told the complainant that the money will be returned to him after receiving the same from the Railway Authority. The train was cancelled due to natural calamity which is beyond the control of the ops.
Practically it is submitted that the entire allegation is false and fabricated and it was blatant lie and the price of the tickets from Araku to Vizag by Kirandule Express will not be returned by the Railway Authority and the price of the tickets cannot be refunded by the ops from their own pocket and the price of the tickets for Coromondal Express will be tetuned to the complainants after receiving the money from the Railway Authority. Complainant received a letter from the op in this regard and that letter clearly mentioned that after getting refund of money from the Railway Authority, ops shall refund the price of the cancelled tickets to the complainants. In fact only for the purpose of getting more money this false case is filed for which this case is dismissed.
Besides the complainants there were other tour members who have highly praised and appreciated the ops for conducting the tour smoothly and efficiently. So, in the result op prays for dismissal of this case.
Decision with reasons
On careful consideration of the complaint and written version and also considering the entire materials, it is clear that complainants availed of the tour with the op and no doubt he paid the entire amount i.e. Rs. 70,487/- for 10 days tour programme having 6 heads of members. Complainants main allegation is that as per itenary supplied by the op, complainant did not get such service and practically during tour some problems that is HUD HUD affected the entire tour on the last part and it is no doubt a natural calamity and fact remains due to non-availability of the train, due to natural calamity Coromondal Express was cancelled and op prayed for return of the said amount and that matter was reported to the op no.1 on 24.12.2014.
From the complaint it is also found that no doubt complainants faced trouble. But that was not actually for unfortunate act of the op in all respect. But due to natural calamity, the journey was disrupted. Admitted position is that complainant and their family members stayed at Araku Valley on 14.10.2014 and on 14.10.2014 complainant and their family members hired a car at their own cost and went to Vizag on 15.10.2014 and complainant has tried to prove that they paid the amount. No doubt from the receipt dated 09.10.2014, it is found that complainant paid Rs. 2,400/- at Vishakha.
Further at Royal Mid Hotel on 16.10.2014 complainant paid Rs. 2,200/- and no doubt tickets were cancelled in respect of their journey. It is also proved that on 14.10.2014 complainant paid Rs. 8,200/- for car fare and for two rooms spent Rs. 1,800/- and considering those receipts it is clear that complainant paid from their own pockets of Rs. 8,200/- in total and Rs. 1,800/- for meal, thereafter Rs. 2,400/- for meal and Rs. 2,200/- for another meal. Considering those receipts, it is clear that complainant and their family members are not properly entertained or giving such hotel and rooms to the complainants and their family members and in fact op has failed to prove by producing such documents that the ops paid that amount.
But anyhow op by filing their document tried to show that they paid that amount. But from their receipts HRS Travels, it is found that on 06.10.2014 they booked 14 seater Tempo Traveller and another car Travera and that receipt for the journey dated 06.10.2014 and another receipt dated 07.10.2014. On 09.10.2014 they booked two Sumos for Vizag and on 10.10.2014 one Tempo Traveller. Further they have produced a receipt on 14.10.2014 by which they have tried to prove that one car from Sai Sampath Taxi Service was hired. But fact remains that ops have failed to prove actually that the tickets were purchased for the train journey from Vizag to Araku.
On the contrary complainant by producing documents proved that on 09.10.2014 they booked a car on payment of Rs. 2,500/- in advance and visited sites area and no doubt on that date they stayed at Royal Mid by spending of Rs. 2,400/- for 2 days and again paid Rs. 2,200/- for room at that hotel. Then question is how they were forced to spend such amount even after payment of entire amount by the complainant to the ops and admitted position is that complainant no doubt paid the entire amount of Rs. 70,487/- and regarding payment, there is no denial by the op. In this regard it is to be mentioned that this Banerjee Special has taken a defence that due to natural calamity such sort of disruption was caused and that is admitted.
But fact remains that they failed to give proper service to the complainants for which complaint, spent money from their own pocket for their certain journey and in this regard ops’ Ld. Lawyer tried to show that it was preplanned and if it is fact then the receipt as produced by the op are also treated as undated and drawer of such receipt by the op can be made because there is some business with the Hotels. Present complainants are completely unknown fellow at Vizag etc. and they have their no scope to collect such receipt in such a manner and considering the receipt as produced by the complainant, we are convinced that practically op failed to give proper attention to the customers like the complainants and now somehow they managed to Orissa and reached Kolkata.
No doubt in such a situation it was the duty of the Banerjee Special to refund certain amount to show their corporate responsibility as Tour Traveller Traders. But that has not been done. Fact remains that ops have not yet refunded the cancelled amount of the ticket and in the above situation we find that it is the duty of the Tour Traveller Company to give all protection and give such sort of services customer can enjoy the tour. No doubt the present traveler was not knowledgeable in view of the natural calamity.
Fact remains that op did not give any proper service and for which complainant with his family members were compelled to spend some money from their own pocket to save their life in such a situation and no doubt it was the duty of the op to give such protection, but that was not done and that is the common practice of all the tour and traveling agency and Banerjee Special is well known for their deceitful manner of trade and they are harassing the parties during tour and in all cases they do not expose actually how many members for travelling are in tour programme. Practically 60 – 70 tourists are collected and thereafter travelling and tour companies conduct tour by placing them just like goats and rams for completing tour and it is the common practice of most of the tour and travelling agency like Ghosh Special, Banerjee Special, Kundu Special, Holiday Travellers, Indira Travellers, Dolphin Travellers and they are harassing the customers and huge number of cases are being filed against such travel and tour agency and they are defending in such a manner and practically in the present case, op has not disclosed how many members were in the said tour.
But after consulting some papers, we have gathered that in the present tour parties, members were more than 40 in numbers and along with them tour manager and other persons were there. Manager and other persons enjoyed the same by staying at the hotel with the cost of the customers, complainants and other tourists. But they did not bother for rendering service to the customers and it is no doubt unfortunate.
It is to be mentioned in this regard that in the present case practically complainant submitted that there was no ground to file any such case. But practically they are being harassed, they spent money even after full payment of tour price and this Bappa Adhikary behaved unmannerly with them and such an allegation cannot be disbelieved in view of the fact that this op no.2 Bappa Adhikary is well known manager on behalf of the op company who knows how to complete the tour not by giving any proper service to the tourists and practically this Bappa Adhikary is conducting the entire tour always and against Banerjee Special many cases are filed in different Forum including this Forum and in the present case, it is proved that complainant was compelled to spend about Rs. 12,000 to Rs. 15,000/- for the laches on the part of the op and no doubt op is not paid cancelled ticket amount as yet and invariably considering the deceitful manner of trade on the part of the op for harassing the tourists in such a manner and also for spending more money from their pockets even after payment of full amount of Rs. 70,487/- by the complainant, no doubt complainant has faced mental pain, sufferings and agony for which we are convinced to hold that practically as per itenary, sight scenes were not completed and it was no doubt due to HUD HUD that is the natural calamity and in that case it was the duty of the op to refund the certain amount including the cancelled ticket amount but that has not been refunded as yet. Though the tour was completed on 17.10.2014 and it is also proved that the entire business of the op is now become a deceitful manner of business to deceive the customers in such a manner and in fact customers are found in be-wilderness when they are in the outside of West Bengal as a tourist under the custody of the tour and travelling agency.
In the light of the above observation and considering the entire fact and circumstances, we are convinced to hold that the service of the op was completely paid but they did not give proper service even after receipt of Rs. 70,487/-. But considering the natural calamity also we are allowing this complaint by directing the ops to pay a sum of Rs. 15,000/- to the complainant along with litigation cost as would be awarded.
Thus 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. 5,000/-.
Ops are directed jointly and severally to pay the said amount of Rs. 15,000/- as compensation to the complainant for causing harassment, mental pain and also for not providing proper service as tour and travelling agency even after receipt of full amount from the complainants and also for harassing the complainants in such a manner.
Ops are jointly and severally hereby directed to pay the amount to the complainant along with cost of Rs. 5,000/- as awarded that is total Rs. 20,000/- to the complainant within one month, failing which for non-compliance of the Forum’s order and decree, ops jointly and severally shall have to pay penal interest at the rate Rs. 100/- per day till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.
Even if it is found that ops are unwilling to comply the order, in that case, penal action shall be started against them for which they shall be penalized u/s 25/27 of C.P. Act 1986.
