Order-8.
Date-25/07/2018.
SMT. SANGITA PAUL,MEMBER .
Complainant by filing this case states that to visit “Andaman” he along with his wife and daughter booked a package tour to the OP. The tour was scheduled to be commenced on and from 24.05.2017 and the period of Tour was for 6 days. The total expenditure was Rs.79,500/- for three persons. Complainant paid total amount of Rs.34,500/- to the OP in the following manners .
- Rs.19,500/- by cheque being No.732935
- Rs.15,000/- by Cash through ATM on 17.01.2017
OP encashed the cheque and received the amount paid in cash and issued money receipt to that effect, On 02.12.2016 OP issued a provisional booking receipt. All on a sudden, the Complainant is apprised over the phone by OP that they had cancelled the Andaman tour due to some unavoidable circumstances, the reason best known to them. The OP issued three cheques being nos. 1) 037508 dtd.10.06.2017 for Rs.20,280/- 2) 061156 dtd. 10.06.2017 for Rs. 15,600/- and 3) 001208 dtd. 20.280/-. Complainant states that OP through SMS message advised not to deposit the cheque 1 and 2. The cheque No. 3 was deposited to the Bank and the same was dishonoured and an amount of Rs.172/- was deducted as Bank Charge.
OP vide letter without date vide enclo – 3 has informed the Complainant to change the date of journey and for the failure to conduct the tour the Complainant did not accept the proposal. Complainant vide letter dtd. 11.08.2017 requested the OP to refund an amount of Rs.34,500/- along with interest and Rs.172/- being the bank charge due to dishonor of the cheque. The said letter was received by the OP on 11.08.2017 but to no effect.
Complainant again on 04.10.2017 sent another letter to OP and requested to refund the amount. The said letter could not be delivered and returned to the Complainant with postal remark “Addressee moved” on 06.10.2017. The OP remained silent to redress the grievances of Complainant.
The OP is deficient and negligent in service and the entire attitude of the OP tantamounts to unfair trade practice. Complainant suffered mental agony and harassment.
The cause of action of this case arose on 10.06.2017. The complaint is made bonafide and for the ends of justice.
In view of the above, Complainant prayed before this Ld. Forum to direct the OP to refund Rs.35,000/- by Bank Draft along with interest, directing the OP to pay an amount of Rs.50,000/- as compensation for mental agony and directing to pay litigation cost of Rs.5,000/.
Complaint was admitted on 24.04.2018. On 17.05.2018, Complainant files track report of sending notices upon the OPs Track report shows that notice has been served upon the OP on 11.05.2018, but the OP was absent on call. On 11.06.2018 Complainant was present. OP was absent on call. No W/V was filed on the next date, i.e on 26.06.2018. Complainant was present and OP was absent on call. The statutory period for filing W/V was over. Let the matter be fixed for ex parte hearing on 19.07.2018. On 19.07.2018 Complainant was present and E/Chief was filed by Complainant. No steps was taken by the OP. Ex parte argument was heard. E/Chief of Complainant remained uncontroverted and unchallenged. We proceeded for giving judgement.
Decision with Reasons
We have perused complaint petition, photocopy of letter dated 04.10.2017, addressed to the OP, letter dated 11.08.2017 addressed to Complainant. Cash memo. Letter dated 03.06.2017 addressed to Complainants by the OP, Letter of OP to Complainant without date and other documents on record.
Attracted by the lucrative advertisement, Complainant booked a tour to Andaman. He along with his wife and daughter wished to go to Andaman. OP, Mr. Biplab Mondal informed that the tour was scheduled to be commenced on and from 24.05.2017. The period of tour was for 6 days. The total expenditure was Rs.79,500/- for three persons. On 17.01.2017, Complainant paid Rs.34,500/- both by cheque and cash. OP received the cheque, encashed it. OP received Rs.34,500/- in total and issued a money receipt.
Suddenly Complainant received a message over phone that the tour of Andaman was cancelled due to some unavoidable circumstances. Complainant received a letter from the OP, where OP informed that in the previous mail OP requested Complainant to change their journey date and choose among 15th, 22nd, 29th May, 2017 and 5th, 12th June,2017 and September,2017 to December 2017. OP also stated in the letter that the customers have shown their interest to pay the full amount, most of them shifted their journey date to September, 2017. As a result, it is not possible to form a group tour in March, 2017 and conduct a group tour.
The OP, before confirming the date with Complainant, should have contacted with the number of candidates who were willing to undertake the tour to Andaman on the date, i.e. 24.05.2017. Besides, the OP in his letter mentioned a preferable date in the month of May, 2017. The date is just after five days of 24.05.2017, but Complainant did not tell the OP that they might go in the month of May dated 29.05.2017.
Complainant made all the arrangements for the tour to Andaman. He also paid Rs.34, 500/- but could not go to Andaman. The cherished hope of visiting Andaman was frustrated. Complainant also lost faith in the words of the OP, because OP whimsically cancelled the tour, Complainant received the news of cancellation of the tour after payment.
Complainant was also informed that the OP would refund the advance amount along with 4 percent interest which will be made through a cheque dated 31st July, 2017. OP issued three cheques being No.037508 dated 10.06.2017 for Rs.20, 280/-, 061156 dated 10.06.2017 for Rs.15,000/-, 001208 dated 10.06.2017 was deposited to bank but the same is dishonoured due to insufficient fund and bank deducted a charge of Rs.172/-.
From the conduct of the OP it is crystal clear that OP is running the business of travel and tour, dupe the public and to collect money from the market in the name of the tour. OP has displayed a gesture of unfair trade practice and deficiency in service, by putting Complainant into trouble, physical hazards, mental agony and humiliation before the society members. OP is strictly deficient in rendering the promised service to Complainant. OP is unfair too. Complainant is looking after money, OP has grabbed the money. Complainant tries to collect the money.
On 11.08.2017, he wrote letter to the OP informing that he deposited money, but the tour was cancelled due to the OP’s fault. The OP returned the amount along with 4 percent interest through cheque, but the same was dishonoured, Complainant requested to refund Rs. 34,500/- along with interest and Rs.172/-, the charge deducted by the bank, because the cheque sent by the OP was dishonoured. Complainant sent another letter dated 04.10.2017; subject matter of the letter was almost same. Complainant, in this letter informed the OP that if he would not issue a cheque amounting to Rs.35,000/- with interest within 15 days of the receipt of the letter, Complainant shall go to the Consumer Forum. OP showed bad gesture by issuing a bounced cheque.
The OPs willingly issued the cheque knowing fu lly well that there shall not be any money to honour the Complainant’s payment. This is undoubtedly an unfair trade practice.
Complainant is a consumer, because he paid for the tour. OP is deficient, because they fail to render service. So, Complainant deserves relief.
In result, the case succeeds.
Hence,
Ordered
That the complaint be and the same is allowed ex parte against the OP.
The OP is directed to pay back Rs.34,500/- and Rs.172/-, both along with 7 percent interest from 10.06.2017 till full and final payment to Complainant within one month from the date of this order.
The OP is also directed to pay Rs.10,000/- towards pain and harassment to Complainant within the stipulated period.
Failure to comply with the order will entitle the complainant to put the order into execution under appropriate provision of the C.P. Act,1986.
