Order-8.
Date-25/04/2018.
SMT. SANGITA PAUL
Complainant, by filing this complaint states that having been convinced fom the Brochure published by the OP, Complainants decided a tour to Thailand through OP. The tour was scheduled to be commenced on 03.-2.2017 and the period of tour was for five days and six nights. The OPs gave a name of the tour ‘Amazaing Thailand’. The cost of the package tour was Rs.27,719/- only and the total amount for 13 persons was Rs.3,60,347/- (Rupees three lakh sixty thousand three hundred forty-seven) only. But as per verbal instruction of Sri Raj Sekhar Paul, in charge of Midnapore Branch Office, Dishary Holidays Ltd., we had paid Rs.3,60,360/- (Rupees three lakh sixty thousand sixty) only i.e. Rs. 27,720/- (Rupees twenty seven thousand seven hundred twenty) only per head and the entire payment was made by A/c Payee Cheques. The OP encsshed all the cheques. The details of the Complainants and amount paid by them to the OP .
Sl No. Name of the Parties Amount
1) Satyaranjan Goswami & Kalyani Goswmi Rs. 55,440/-
(Two persons Rs.27,720/- X 2)
2) Radhika Prsad Patra & Kanan Patra Rs.55,440/-
(Two persons Rs.27,720/- X 2)
3) Ajit Kumar Nandi Rs.27,720/-
4) Pabitra Kumar Munian Rs.27,720/-
5) Tapan Kumar Patra&Jyotsna Patra Rs.55,440/-
(Two persons Rs.27,720/- X 2)
6) Binoy Ranjan Goswami & Tumpa Goswami Rs.55,440/-
(Two persons Rs.27,720/- X 2)
7) Kshitish Chandra Singha Mahapatra Rs.27,720/-
8) Prabhash Chandra Sannigrahi Rs.27,720/-
9) Raj Sekhar Panda Rs 27,720/-
Rs.3,60,360/-
Complainants submit photocopies of pass books showing actual payment of Rs.3,60,360/- to Dishary Holidays Ltd.
Surprisingly, Complainant No. 1,3,4 and 5 received a letter dated 08.02.2017 from the OP that they were unable to conduct Thailand Tour owing to shortage of fund. The OP, in his said letter, had endorsed four cheques as follows .
Sl No. Name of the Parties Cheque No. & Date Amount
1) Satya Ranjan Goswami 000951 dtd. 31.07.2017 Rs. 1,72,966.56
(Complainant No.1)
2) Ajit Kunar Nandi 000952 dtd. 31.07.2017 Rs. 28,827.76
(Complainant No.3)
3) Pabitra Kumar Munian 000953 dtd. 31.07.2017 Rs. 1,15,311.04
(Complainant No.4)
4) Tapan Kumar Patra 000954 dtd. 31.07.2017 Rs. 57,655.52
(Complainant No.5)
The amount mentioned in the cheques includes interest. All the cheques were post dated cheques and were issued without Complainants consent, yet Complainants accepted the cheques in good faith. Complainants 1,3, 4 and 5 presented the cheques to Bank for encashment. All the cheques were dishonored on 11.08.2017 due to insufficient fund as per RCC Report.
Complainants sent a letter dtd. 29.08.2017 to the OP requesting to refund an amount of Rs. 3,74,760.88 either by cash or by bank draft within 10 days from the receipt of the letter. But the letter was returned with postal endorsement “ long days door closed, hence left”. Complainants lodged an FIR to the Kotwali PS, Medinipur on 13.10.2017. Cause of action arose on 08.02.2017 and 11.08.2017 .Hence, Complainants pray for directing the OP to refund an amount of Rs.3,60,360/- with interest by bank draft, directing the OP to pay compensation of Rs.2,00,000/- (Rupees two lakhs) only to Complainants for mental agony and harassment and directing the OP to pay litigation cost of Rs.50,000/-.
The complaint was admitted on 12.12.2017 on 18.02.2018. Track report shows that notice was delivered upon the OPs, but OPs have not entered appearance, On the next date i.e. on 07.03.2018 OPs were absent on call. So, the case do proceed ex parte against the OP. On 04.04.2018 Ex parte argument was heard, E/Chief was filed by Complainants . E/Chief of Complainant remained uncontroverted and unchallenged. And we proceeded for giving judgement.
Decision with reasons
We have perused Complaint petition, photocopy of brochures, itinerary, photocopy of Pss book, bank statement, letter addressed to Complainants by the OP, photocopy of cheques and other materials lying on record. It is evident from the record that eight Complainants and their companions opted for Thailand tour through the OP, Complainants were attracted by the rosy pictures of Thailand and decided to visit Thailand. The cost of the package was Rs.27,719/- only and the total amount for 13 persons was Rs.3,60,360/- (Rupees three lakh sixty thousand three hundred sixty) only. The entire payment was made by A/c payee cheques. The OP encashed all the cheques. Surprisingly, Complainants No.1, 3, 4 and 5 received a letter dated 08.02.2017 from the OP that they were unable to conduct Thailand tour due to fund crunch. In the letter OP stated that they were unable to conduct the tour right now. Afterwards he writes that if anybody wants refund, he needs six months time, he wanted to issue the cheque dated 31st July, 2017. He would refund the amount paid by Complainants along with interest as per bank’s rate. In the monthy of September, 2017 or December, 2017 they would conduct the tour. By that time they would overcome their problems and render proper service to Complainants. If Complainants agree to visit in September, 2017 or December, 2017, their paid amount would be adjusted. In this case, from the documents, it is evident that nobody is willing to conduct the tour. They wanted refund. Complainants 1,3,4 and 7 were given cheques, but according to bank statement, the cheques were dishonoured. It is the duty of the OP to return the amount paid by Complainants, but it appears from the behavior of the OP, that they were unwilling to refund. Complainants are not responsible for OP’s loss. OPs are liable to reund the money as the OPs could not conduct the tour. On 28.-08.2017 Complainants informed the OP that the cheques were accepted by Complainants in good faith, but all those cheques were dishonoured due to insufficient fund. Now it is clear to understand that how the OPs have misused the fund of Complainants. The OP took the money from Complainants, for duping them. The OP used the money for the expansion of his own business, but hardly cares for Complainants. OPs are reluctant to render service to Complainants. They are deficient in rendering proper service to Complainants. The OP also neglects his duty by not returning money. Complainants filed a petition on 28.08.2017. In the petition, Complainants mentioned that without taking Complainants permission, the OP sent cheques of sum of Rs.3,74,760.88 only, Complainants accepted the cheques and presented the cheques to the respective banks, but the said cheques were dishonoured due to insufficiency of fund. Complainants requested the OP to refund the money by cash or Demand Draft. Six months have passed but the OP is reluctant to refund cash. OP promised to provide service against money, but OP failed to keep promise. Hence Complainants are entitled to get relief. In the result complaint succeed. Hence
Ordered
That he instant case be and the same is allowed exparte with cost of Rs.13,000/- i.e. Rs.1,000/- for each Complainant. And for companion.
OPs are directed to refund Rs.3,74,760.88 only with 9 percent interest on the amount from 11.08.2017 till date of actual payment to Complainants. The order is to be complied within one month from the date of order.
OP is directed to pay compensation of Rs.26,000/- i.e. Rs. 2,000/- for each Complainant and companion for causing harassment and mental agony to Complainants, within the stipulated period.
OPs further directed to pay Rs.15,000/- for unfair trade practice against Complainants and public at large and the amount will be deposited to the account of this Forum within the stipulated period.
