The case of the complainant, in brief, is that Ratan Kumar Barman and Mina Barman both had tour to Kashmir, Amritsar etc. on 05.05.2016 instead of 03.03.2016 & 24.03.2016 with Burman Tour & Travels, Prop. Joydev Burman denied to return their advance money of Rs.10000/- only and they told him to return the full amount which was given to him as advance money for tour dated 24.3.2016 which is pick time to tour to Kashmir and not in May. He directly refused to return the amount and told in that you must go in 03.05.2016 otherwise no0 amount will be returned. Though the journey was started on 05.05.2016 and they were mentally annoyed since 24.03.2016. Journey started on 05.05.2016 from Howrah station by Amritsar mail instead of Himgiri express by RAC tickets and after two hours that tickets were confirmed. They paid Rs.28000/- only by cash. The train started on 05.05.2016 and after reaching Amritsar they stayed for one day for sight seen instead of two days for which they could not enjoy the programme. At Amritsar they have to wait outside the hotel from 1:30 p.m to 11:30 p.m for availing of the non A/C bus instead of A/C bus for whole night journey to Katra town. He assured to visit Kashmir leaving from Srinagar but he did not keep his commitment for which they were unable to purchase the local fruits and woolen goods. Instead of staying four nights they were staying at Srinagar three nights. After leaving from Srinagar to Jammu Tawi at 5 a.m to 4 p.m. journey no meal & tea supplied to them. Arriving at Jammu Tawi rly station at 4 p.m. no hotel as well as meal and tiffin were supplied to them upto arriving Howrah rly stn. They were spouse but they were given separate tickets of coach No.4 and coach No.10. Being aggrieved at the act of the OP he filed the instant complaint praying compensation amounting to Rs.70000/- for harassment, refund of Rs.28000/-, Rs.30000/- for mentally harassed and physically distressed and a sum of Rs.20000/- as litigation cost.
OP appeared by filing written version denying the allegations as leveled against him and averred that OP being a travelling agency this complainant went to the office of the OP for having a tour at Kashmir and the tour program me of Kashmir and Amritsar was fixed for 14 days. Although the date of departure was fixed on 28.3.2016b but due to State Legislative Election the OP bound to cancel the tour and fixed 05.05.2016 to 18.05.2016 for 14 days tour to same venue. Accordingly the tour was started on 05.05.2016 fron Hpwrah Stn by Amritsar mail and total number of 13 persons participated to the said tour out of them 11 numbers tourists and one cook and the OP himself. On 08.5.2016 they went to Golden Temple and Jalianwala Bagh after having their lunch they checked out from the hotel and keeping their luggage in the reception of the hotel and went to Wagha border at about 8 p.m. they had their dinner and thereafter they went out for Katra by night service bus as per demand of the tourists and stayed there for another day. Thereafter on 11.5.2016 they went to Srinagar and stayed there tuill 14.5.2016 and thereafter they reached Pahelgaon on 15.05.2016 and Jammu on 16.5.2016. On 17.5.2016 they went out for Howrah and reached Howrah on 18.5.2016. The journey was safe and all the tourists enjoyed the same whole heartedly. OP specifically stated that during the journey in train no food would be provided and everyone including the complainant conceded the fact and it is stated in the leaflet. The complainant only paid a sum of Rs.20000/- instead of Rs.28000/- and assured the OP to pay the remaining amount within one month but instead of paying the due amount the complainant demanded the refund of total tour money amounting to Rs.28000/- and denied to pay balance amount of Rs.8000/- but threatened the OP to implicate in the false proceedings. As the complainant filed the instant case with a view to hackle the OP so it is deserved to be dismissed with cost.
The complainant filed no evidence on affidavit and absent since after the date of admission hearing on 03.11.2016. OP filed written version but not filed evidence on affidavit and written notes of argument. Due to absence of the complainant the case taken on merit. Argument advanced by the OP heard in ex-parte.
From the discussion herein above, we find the following Issues/Points for consideration.
ISSUES/POINTS FOR CONSIDERATION
1. Whether the Complainant Ratan Kumar Barman ‘Consumer’ of the opposite party?
2. Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
3. Whether the O.Ps carried on unfair trade practice/rendered any deficiency in service towards the Complainant?
4. Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
DECISION WITH REASONS
In the light of discussions here in above we find that the issues/points should be decided based on the above perspectives.
(1).Whether the Complainant Ratan Kumar Barman ‘Consumer’ of the opposite party?
From the materials on record it is transparent that the Complainant is a “Consumer” as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986.The complainant herein is the consumer of the OP, as complainant paid a sum of Rs.28,000/- to make a tour to Kashmir with this OP. So complainant is a consumer and OP is the service provider.
(2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
Both the complainant and opposite party are residents/carrying on business within the district of Hooghly. The complainant prayed compensation amounting to Rs.70000/- for harassment, refund of Rs.28000/-, Rs.30,000/- for mentally harassed and physically distressed and a sum of Rs.20,000/- as litigation cost ad valorem which is within Rs.20,00,000/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
(3).Whether the opposite party carried on Unfair Trade Practice/rendered any deficiency in service towards the Complainant?
After perusing the complaint petition as well as documents on record it appears that the petitioner paid a sum of Rs.10000/- as advance money to the OP to go to Kashmir tour and subsequently he paid remaining money to the OP but failed to produce any money receipt regarding the payment of such money. From the face of record it is clear that he performed journey with the tour of the OP but he is not satisfied at the performance of the tour operator i.e. OP, according to his complainant petition. OP by filing the written version denied the allegations and averred that he is no way deficient in providing service to this complainant. The OP by filing written version showed the route chart as well as tour schedule and stated that he performed the tour to Kashmir as per the desire of the tourists and none but this complainant have any grievance. The OP assailed that the complainant paid only Rs.20000/- and remaining Rs.8000/- has not paid by him which remains unchallenged. The complainant is dissatisfied at the performance of the OP according to complaint petition but he failed to prove the same by producing sufficient documents and by advancing arguments. So we are in considered opinion to dismiss the complaint petition.
4. Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
The discussion made herein before, we have no hesitation to come in a conclusion that the Complainant could not able to prove his case and the Opposite Party is not liable to pay the amount that prayed in the prayer portion of the complaint petition.
ORDER
Hence, it is ordered that the complaint case being No.148/2016 be and the same is dismissed on merit with no order as to cost.
The opposite party is exonerated from this proceeding.
Let a plain copy of this order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information & necessary action.
