SRI SWAPAN KUMAR MAHANTY, PRESIDENT

This is an application under section 12 of the Consumer Protection Act, 1986.

The brief facts, giving rise to the Complainant, are that the O.P. Dishari Holidays Ltd. published an advertisement in the Ananda Bazar Patrika dated 17.07.16 for tour programme at Thailand and it was a package tour programme comprising of 5 nights and 6 days. The package included Air Fare, Visa, 3 star Hotel facilities including breakfast, dinner, sightseeing and transport by A.C. car. That the Complainant expressed his intention to avail the said tour and the tour was scheduled to be commenced on 17.02.2017. Accordingly, the Complainant booked the said tour for himself and his wife and the total cost of the package was Rs. 53,000/- for the spouse. Complainant signed the booking Form and paid Rs. 13,000/- and Rs.5,000/-by card on 09.12.2016 and 03.01.2017 respectively to the O.P. against money receipts. It is further alleged that the O.P. issued a letter to the Complainant intimating that they were unable to conduct the tour owing to shortage of fund and also enclosed a post dated cheque of Rs. 18,720/- drawn on State Bank of India. The O.P. requested the complainant not to deposit the cheque dated 31.07.2017 and the complainant wrote a letter dated 30.08.2017 to the O.P. requesting him to pay the cheque amount. O.P is deficient in rendering service and the attitude of the O.P. is tantamount to unfair trade practice. Hence, the complaint.

In spite of service of notice, O.P. did not turn up to contest the case. As such, the case has proceeded ex-parte against the O.P.

Points for Determination

1) Has the O.P. deficient in rendering service to the Complainant?

2) Has the O.P. indulged in unfair trade practice?

3) Is the Complainant entitled to get relief as prayed for?

Decision with reasons

Points No. 1 to 3:

            All the points are taken up together for discussion for the sake of convenience and brevity.

            Complainant to establish his case has produced photocopies of tour programme, provisional booking receipt, money receipts, letter dated 30.08.2017, letter dated 20.02.2018 addressed to the O.C. Shakespeare Sarani Police Station, postal registration receipt, track report of India Post and cheque dated 31.07.2017. On perusal of those documents, we find that the Complainant booked a tour for Thailand at a package of Rs. 53,000/- for himself and his wife with the O.P. Tour was scheduled to be commenced on 17.02.2017 and the period of tour was 5 nights and 6 days.  Complainant paid Rs. 18,000/- as a part payment on account of tour program. The Chairman & Managing Director of O.P.  issued a letter dated 23.08.2017 addressed to the complainant that they cancelled the proposed tour on account of heavy loss in business during January 2017 and subsequently, shortage of fund.  Therefore, the O.P. was unable to conduct the tour. The O.P also sent an intimation letter to the complainant to that effect and also issued a Cheque bearing No. 882737 dated 31.07.2017 for Rs. 18,720/- drawn on State Bank of India, Nimta, Belghoria Branch. The O.P. requested the complainant not to deposit the said Cheque for encashment. Complainant wrote a letter dated 30.08.2017 to the O.P. with a request to pay the cheque amount, but such letter was undelivered with Postal Peon remarks “ Door locked, intimation served  ”.

            The O.P has been unable to conduct the tour on the ground of loss in business i.e. for personal predicament.  We also find that the O.P. has published an advertisement in a reputed daily Newspaper campaigning for tours at different places like Thailand, Andaman etc. Ultimately, the O.P. has not been able to conduct the tour. Complainant paid Rs. 18,000/- to the O.P. as an advance but unable to enjoy the tour in Thailand on payment of balance amount. Moreover, O.P. issued postdated cheque with a request not to encash the same. We find that the complainant faced first harassment for being unable to go to Thailand solely for the fault of the O.P and secondly, he also moved from pillar to post to get back the money including the Police Administration. Therefore, O.P is deficient in rendering services to the complainant and indulged in unfair trade practice. We do not find any reason why the O.P. would collect amount from the customers by publishing advertisement in daily newspaper and hold the amount as per his own discretion. Accordingly, we hold that the O.P. demonstrated a gesture of deficiencies in services. O.P. has also caused harassment, mental pain and agony to the Complainant.

            Complainant corroborates his case by adducing evidence on affidavit as well as by producing documents. The evidence of the complainant remains unchallenged and uncontroverted. In absence of any contrary and controverting materials on record and having regard to the documents on record, we are of the opinion that the complainant has been able to prove his case. As such, the complainant is entitled to get the reliefs as prayed for. All the points, under determination are decided in favour of the complainant.

             In the result the case succeeds in part.

Hence,

ORDERED

That complaint case be and the same is allowed ex-parte against the O.P in part with cost of Rs.2,000 (Rupees two thousand) only.

            O.P. is directed to refund the amount of Rs. 18,000/-/- (Rupees eighteen thousand) only to the complainant within 60 days from the  date of this Order with litigation cost.

            O.P. is further directed to pay an amount of Rs. 5,000/- (Rupees five thousand) only for causing harassment, mental pain and agony to the complainant within the said stipulated period.

O.P. is also directed to deposit Rs.10,000/-(Rupees ten thousand) only to this Forum as punitive damage for practicing unfair trade within the satisfied period.

            Liberty be given to the complainant to put the order in execution, if the O.P. transgress to comply the Order.