Shri Swapan Kumar Mahanty, President.

This is an application u/s-12 of the C. P. 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 10.07.16 for tour programme at Andaman and it was a package tour programme comprising of 5 nights and 6 days and the tour was scheduled to be commenced on 10/03/2017. The total cost of the package was Rs.51,254/- and the complainant paid the entire amount on 10/07/2016, 05/12/2016 and 06/01/2017 respectively against money receipts. The grievance of the complainant is that the O.P. issued a letter to the Complainant intimating that they were unable to conduct the Andaman tour owing to shortage of fund and enclosed cheque bearing No.001083 dated 31/07/2017 for Rs.53,304/- and it was a post dated cheque. The complainant presented the said cheque to United Bank of India for encashment but such cheque was dishonoured on the ground of “Funds insufficient”.  The complainant had been to the office of the O.P. on several occasions but the entrance of the office was under lock & key. The O.P. is deficient in rendering service and the attitude of the O.P. is tantamount to unfair trtade 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) Is the O.P. deficient in rendering service to the Complainant?

2) Is 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 in discussion.

            Complainant to establish his case filed examination-in-chief on affidavit and produced photocopies of booking receipts, letter dated 14/02/2016 of Chairman & Managing Director, Dishari Holidays Ltd., A/C Payee cheque bearing No.001083 dated 31/07/2017 of Rs.53,304/-inward return cheques and postal registration receipt. On perusal of those documents, we find that the complainant booked a tour for Andaman at a package of Rs.51,254/- with the O.P. Tour was scheduled to be commenced on 10/03/2017 and the period of tour was 5 nights and 6 days.  Complainant paid the entire amount of package cost to the O.P. against money receipts. The Chairman & Managing Director of O.P.  vide letter dated 14/02/2016  addressed to the complainant that they cancelled the proposed tour on account of heavy loss in their business during January 2017 and due to 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 post dated cheque bearing No.001083 dated 31.07.2017 of Rs.53,304/-. On its due date the complainant deposited the said A/C Payee cheque to United Bank of India for encashment but such cheque was dishonoured on the account of Funds Insufficient.

            The O.P has unable to conduct the tour on the ground of loss in business i.e. for their 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.51,254/- to the O.P. as full and final cost of the tour but unable to enjoy the tour at Andaman. More so,  O.P. issued post dated cheque in favour of the complainant and such cheque was dishonoured with remarks “Fund Insufficient”. We find that the complainant faced first harassment for being unable to go to Andaman and solely for the fault of the O.P and secondly, he also moved from pillar to post to get back the money. Therefore, the O.P has 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 their 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. Thus, all the points under determination answered in the affirmative. 

             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.51,254/- (Rupees Fify one thousand two hundred fifty four) only to the complainant within 45 days from the  date of this Order with litigation cost.

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

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