Order-7.
Date-25/04/2018.
SMT. SANGITA PAUL
Being attracted with lucrative advertisement published in July 2016 in the Ananda Bazzar Patrika, Complainant along with nine other members deided to travel Andaman through the OP’s Travel and Tour Organisation, Dishari Holidatys Ltd. The total package was for Rs.2,56,270/- for ten (10) persons. Tour was scheduled to be commenced on 10.03.2017 and period of tour was 5 nights and 6 days. Complainant paid total amount of Rs.2,56,270/- (Rupees two lakh fifty-six thousand two hundred seventy) only through on line transfer from SBI to HDFC Bank. OP issued booking receipt No. 00000031 dated 07.07.2016.
Surprisingly, Complainant received a letter dated 14.02.2017 from OP intimating that they were unable to conduct the Andaman Tour owing to shortage of fund. OP in their said letter enclosd cheque No.001090 dated 31.7.2017 for Rs.2,66,521 (Rupees two lakh sixty six thousand five hundred twenty-one) only drawn on HDFC Bank. The amount mentioned in the cheques includes interest. It was a post dated cheque, Complainant states that before issuing the post dated cheque, Complainant’s consent was not sought by the OP. OP issued the post dated cheque according to their whim and choice. On 28th July, 2017 OP sent an email to Complainant requiring for further time. After waiting for three months, Complainant deposited cheque in his ba nk for clearance. The cheque was dishonoured.
Thereafter, Complainant tried to contact with the OP for an umpteen times, but to no effect. All the phone lines of OP were dead. Complainant wrote a letter dated 30.10.2017, requsted the OP to refund an amount of Rs.2,56,270/- with interest, but the letter was returned with remarks. Complainant realized that they have been duped by the OP and lodged diary aginst the OP to refund an amount of Rs.2,56,270/- with interest to PS . Shakespeare Sarani on 26.10.2017. The entire attitude of the OP tantamonts to unfair Trade Practice. Undoubtedly, the OP is deficient and negligent in service. Complainant suffered monetary loss, mental agony and harassment. Cause of action of this case arose on 14.02.2017 and 20.10.2017.
Complainant prays for directing the OP to refund an amount of Rs.2,66,562 (Rupees two lacs sixty six thousand five hundred and sixty-two) only by bank draft, directing the OPs to pay an amount of Rs. 1 lac (Rupees one lac) only towards compensation for mental agony and harassment, directing the OPs to pay litigation cost of Rs.30,000/- (Rupees thirty thousand) only.
The complaint case was admitted on 30.01.2018. On the next date i.e. on 21.02.2018, Complainant was present and files internet track report of serving of notice to the OPs on 12.02.2018 and the OP, Chairman and Managing Director of Dishari Holiday Ltd. was absent on call. As a result, no W/V was filed. On 14.03.2018, Complainant was present, but the OP had not entered appearance. No written version was filed, 12.04.2018 was the last chance for filing w.v. On the next date i.e. on 12.04.2018 Complainant was present. OP was absent on call, no w.v. was filed. The statutory period for filing w.v. was over. Complainant was to file E/Chief and BNA as per C.P.Regulations on the next date. On 18.04.2018, Complainant was present. That day was fixed for ex parte hearing. Complainant filed E/Chief, ex parte argument was heard. OP was absent on call. As a result the Evidence- in- chief of Complainant remained unchallenged and uncontroverted . On the basis of documents, filed by Complainant, we proceded for giving judgement .
Decision with Reasons
We have perused complaint petition, photocopy of the letters addressed to Director, Central Consumer Grivance Redressal Cell, photocopy of the bank statement, photocopy of the dishonoured cheque, photocopy of General Diary, photocopy of letters addressed to Complainant and photocopy of letters addressed to the OP and other documents lying on record. Being attracted by the rosy pictures and lucrative adveertisments Complainant and his nine companions decided to travel to Andaman through the OPs, Dishari Holidays Ltd. The total pakage was Rs.2,56,270/- for ten (10) persons. Complainant paid the full amount through on line transfer from S.B.I to HDFC Bank. OP issued booking receipt No. 00000031 dated 07.07.2016. The tour was scheduled to be commenced on 10.03.2017.
Surprisingly, on 14.02.2017 Complainant received a letter from the OP. intimating that they were unable to conduct the tour due to fund crunch,. OP sent a cheque being No.001090 dated 31.07.2017 for Rs.2,66,521/- (Rupees two lakh sixty-six thousand five hundred twenty-one) only drawn on HDFC Bank. The amount mentioned in the cheque includes interest. OP issued the post dated cheque accordingly to their whim and wish. After waiting for three months, Complainants went to encash the cheque, but the same was dishonoured, due to insufficeient fund. It is easy to issue a cheque by the OP, but it seems quite difficult and imposible to encash the cheque by the Complainant. It appears that OP knowing fully well that he has no balance in the bank, issued the cheque. OPs collect money by publishing attractive advertisement in leading newspapers, innocent people get attracted, they wereattracted by the OP’s sweet words and people deposit money. After some days of collecting money, they inform that they are unable to conduct tour due to financial stringency. Many complaints have been lodged by different Complainants in this Forum e.g. in the case being no. 485/2017 Complainant deposited money for tour to Thailand, but the same was cancelled due to shortage of fund. It is nothing but a malpractice adopted by the OP for collecting money from travel manegers and dupe them by giving false cheques. OPs knowing it fully well, that the cheques would be dishonoured, issue cheques todupe the customers, Complainants cherished a hope of travelling the Andaman Island, but the cherished hope is frustrated by OPs’ dishonesty.
Journey may be cancelled for different reasons as sufficient number of tourists did not enroll and it was not possibleto conduct the tour for the tour operators. In this situation, it is the OP’s earnest duty to return the money. They must not use it for expanding their business. Afterwards the post dated cheques, given by Complainant was dishonoured. The OP neglects his duty by not returning money. OP’s duty is to serve Complainant but OP hardly cares for that. OP promised to provide service to Complainant against money but OP failed to keep promise.
Complainant informed Central Consumer Grievance Redressal Cell for Mediation. Complainant lodged a general diary to Shakespeare Sarani PS. In a letter dated 28.07.2017, Complainant was told to wait for three months for refund. The reason remains still unkown to Complainant. Complainant gave money for tour. After cancellation, money will be refunded, because tour was cancelled due to OP’s fault. No question of waiting for three months arises. Complainant informed the OP that the cheque was also dishonoured due to insufficient fund, but no step was taken by the OP. On 14.02.2017 OP informed that they would give post dated cheque, but no steps was taken by the OP so that Complainant can collect the amount from the bank. It appears that OP is neglifgent and deficient in providing service and the attitude of the OP amounts to unfair trade practice. In result, complaint succeeds.
Hence,
Ordered
That the instant case be and the same is allowd with cost of Rs.10,000/- i.e. Rs.1,000/- for each Complainant.
OPs are directed to refund Rs.2,56,270/- (Rupees Two lakh fifty-six thousand two hundred seventy) only. With 9 percent interest on the amount from 14.02.2017 tuill the date of actual payment. This is to be complied within opne month from the date of this order.
OP is further directed to pay Rs.20,000/-, i.e. Rs.2,000/- to each Complainant towards compensation for causing harassment and mental agony to Complainant within the stipulated period.
OPs are further directed to pay Rs.10,000/- for unfair trade practice against Complainant and his companions and the amount will be deposited to the account of the Forum within the stipulate ed period.
Failure to comply with the order will entitle the complainant to put the order into execution under appropriate provision in C.P. Act.
