JUDGEMENT

          Complainantby filing this complaint has submitted thatas per the advertisement of the op in the AnandabazarPatrikain the year 2010 for conducting a tour, the complainants paid a sum of Rs.32,000/- on 21.07.2010 as an advance payment for the conducted tour from 23.10.2010 to 01.111.2010 at Nepal vide receipt Nos.154, 155 & 156 duly signed by op.  it is stated by the complaints that they also have made final payment op Rs. 31,742/- to the op on 06.10.2010 vide receipt No. 1515 which was also signed by the op No.2 Mrs. KakaliDutta for the above tour as per contract by the ops.

          Fact remains while the complainants made all the necessary arrangements for the proposed tour as usual but unfortunately the tour was not arranged by the op as per schedule date of departure.  Being aggrieved the complainants called on the op who assured them the next date for the proposed tour programme shortly.  But ultimately the op did not arrange the conducted tour at all.  Accordingly the complainants requested the ops to refund their money on several occasions which yielded no results.

          So the complainants sent a written complaint at Behala P.S. against the ops for taking necessary steps on 20.11.2010 in the matter.  In the meantime the complainants received a letter dated 23.11.2010 from the op no.2 who informed the sudden death of her husband Sri PrabalDutta and prayed for some more time for repayment of money of the complainants, but also failed to repay the same money to the complainants.  The complainants thereafter lodged a complaint before the Directorate of CA & FBP, Govt. of West Bengal on 14.02.2012 who arranged a meeting for redressal of the complaint but also in vain as the op did not appear at all before the tripartite mediation meeting and finding no other alternative the complainants filed this case before the Ld. Forum for redressal of this case.

          On the other hand the ops neither appeared nor filed any written version inspite of notice served, hence, the case is heard exparte.

Decision with reasons

          It is evident from the record that the complainants booked for the tour conducted by the op on payment of Rs.31,742/- vide receipt No. 1515 for the schedule tour programme for the period from 23.10.2010 to 01.11.2010.

          It is the case of the complainants that as per the advertisement of the op in the AnandabazarPatrika in the year 2010, they intended to undertake the journey/tour being conducted by the ops and also they paid a sum of Rs. 32,000/- vide receipt nos. 154, 155 & 156 on 21.07.2010 as an advance payment for a conducted tour by the ops from 23.10.2010 to 01.11.2010 at Nepal.  Fact remains though the complainants made all necessary arrangements for proposed tour but unfortunately the tour was not arranged at all by the ops as per schedule date of tour programme.  As soon as the complainants came to know about the postponement of the tour programme, immediately they contacted with the ops who assured them that the next date of the programme would duly be informed to them.  In spite of such assurances, the ops never conducted the tour and as such the complainants requested the ops to refund the advance money, but the ops did not refund the money to the complainants after several persuasions and then the complainants made written complaint before the Behala Police Station on 20.11.2010 for taking necessary action in the matter, so that they can get back their money. 

          Fact remains that in spite of a letter issued by the op no.2 who asked for some more time for the repayment to the complainants, ultimately failed to repay their money being paid by them for the conducted tour programme and no doubt it is proved that complainant paid Rs.63,742/- which is undisputed. 

We have heard the complainants and perused all the documents on records no doubt the complainant led evidence and submitted all the documents as reflected above and those documents support the case of the complainants.

On careful consideration of the materials and the evidence led by the complainantswho remain unchallenged there is no reason to disbelieve the unchallenged testimony supported by documentary evidence of the complainants.  Thus we are of the view that the petitioner/complainants have definitely been harassed due to irresponsible act of ops/Capcika Tour & Travel who failed to arrange the tour programme and due to such act of failure on the side of the ops, the whole programmes were shattered from the side of the complainants who made all necessary arrangements for the proposed tour to be conducted by the ops what caused deficiency on their part and also unfair trade practice on the part of ops is proved and so the ops are liable to refund the entire advance money paid to them by the complainants and also to pay other relief as claimed.

In the result, the case succeeds.

Hence, it is

ORDERED

That the complaint be and the same is allowed exparte against the ops with litigation cost of Rs.2,000/- only. 

The ops are directed to refund and pay Rs.63,752/-to the complainants along with interest @ 10% p.a. w.e.f. 30.10.2012 and also litigation cost till its realisation.

Ops are imposed punitive damages of Rs.50,000/- for adopting unfair trade practice.

The ops are directed to comply this order within one month from the date of this judgement failing which per day penal interest of Rs.100/- shall be assessed till full satisfaction of the decree and if said amount of punitive and penal damagesare collected, the amount shall be deposited to this Forum on proper receipt.  Even if the ops neglect to comply, penal action/proceeding shall be initiated u/s 27 of the C.P. Act 1986.

Complainants to send this copy of this judgement to the ops at once for compliance.

Dictated &

Corrected by me