Order-10.

Date-19/02/2018.

        Smt. Sangita Paul, Member.

This is an application u/s.12 of the C.P. Act, 1986.

            Complainant’s case, in short, is that being attracted by the lucrative advertisement of Dishari Holidays Ltd. Company doing business on conducted tour, complainant had booked tickets for himself and his wife for a tour to Thailand.  The value of the tickets booked for himself and his wife amounting to Rs.20,920/- paid by cheque being No.995827 dated 06-10-2016 on SBI, Jadavpur University Branch.  The total package charge amount was Rs.53,000/- for two persons excluding Service Tax 4.6 percent.  The date of journey was fixed on 24^th February, 2017.  The full and final amount was to be deposited 60 days before the departure.  Complainant paid full balance amount in two cheques of Rs.17,259/- each and total amount of Rs.55,438/- was paid on 28-12-2016.  It was 60 days before the fixed departure schedule.

            Unfortunately, one letter dated 09-02-2017 was received from the Chairman & Managing Director, Dishari Holidays Ltd. wherein he has stated about cancellation of tour of the scheduled date, 24^th February, 2017 due to shortage of fund.  The Chairman and Managing Director of Dishari Holidays Ltd. Shri Biplab Mondal begged apology and wanted 6 months time to refund the deposited amount with interest amounting to Rs.57,656-52 by cheque.  The Chairman & Managing Director had expressed his willingness to conduct the tour between September, 2017 to December, 2017, if agreed by complainant.  Thereafter, one post dated cheque amounting to Rs.57,656/- of HDFC Bank was received by complainant.  The cheque bearing No.001166 dated 31-07-2017 of HDFC Bank A/c. No.069323320001203 was deposited by complained at the UBI Santoshpur Branch, Kolkata – 700 075 on 31-07-2017.  By return memorandum from the United Bank of India, Branch, . 700027121 KOL BRO HUB.  Santoshpur Branch, Kolkata – 700 075 received the information that there is ‘Insufficient Fund’.

            In the above circumstances, complainant was compelled to get redressal at District Consumer Disputes Redressal Forum, Kolkata Unit-II to recover the amount with internet and compensation etc., which is well under the jurisdiction of Ld. Forum.  Complainant prays for directing the OP to refund Rs.57,655/-  at the rate of9 percent per annum interest from the date of scheduled journey, 24^th February, 2017.  It amounts to Rs.1,04,360/-.  He also prays for compensation of Rs.30,000/-, Litigation cost of Rs.20,000/- and 5 percent interest per month for delaying payment after issuance of the order.

            Notice was sent to the OP, but the track report shows, ‘Addressee Moved’ and envelope was also returned.  On 02-11-2017, Ld. Lawyer of complainant files a petition for amendment of the address of the OP.  The proposed amendment was a formal one and does not change the nature and character of the case and for the ends of justice prayer of complainant is allowed.  Ld. Lawyer of complainant was directed to send notice at their new address.  On 29-11-2017 OP appears and prays for time.  Complainant also files amended plaint.  On the next day, i.e. on 14-12-2017 OP was absent and no written version was filed.  On 22-12-2017 OP was again found absent and no step is taken by the OP.  The stipulated period of 45 days for filling w/v by the OP was over and , as such, the case is fixed for ex parte hearing on 10-01-2018.  On 10-01-2018, E/Chief and BNA were filed by the complainant.  The argument was heard and we proceeded for giving judgment. 

Decision with Reasons

We have perused the documents on record i.e. photocopy of Booking Receipt, part payment receipt the cheque issued by the proprietor of Dishari to Mr. Mondal, the proprietor of Dishari Holidays and other documents on record.  Being attracted by the attractive advertisements, published by Doishari Holidays Ltd. Company, complainant booked tickets for a conducted tour to Thailand for himself and his wife.  The value of tickets was Rs.20,920/- paid by cheque dated 06-10-2016 on SBI, Jadavpur University branch.  The date of journey was fixed on 24^th February, 2017, complainant deposited the full amount of the tour.  The proprietor of Dishari Holidays informed complainant about the cancellation of the tour due to shortage of fund.  Though complainant paid full amount, the tour could not be conducted.  In this case, complainant has to suffer due to other’s fault, for the shortage of fund, complainant could not enjoy the tour.  The pleasure of having a sweet and enjoyable journey was crushed.  The dream of complainant remained unfulfilled and he was yet to receive the amount whihch he deposited for the tour.  One post dated cheque amounting to Rs.57,656/- of HDFC Bank was received by the complainant.  The cheque bearing No.001166 dated 31-07-2017 of HDFC Bank was deposited by complainant, but said cheque was dishonoured due to ‘insufficient fund’.  The conduct of the OP is really disappointing.  He gave the above mentioned cheque to complainant, but he has no cash deposited in the Bank.  For avoiding the disturbance, the OP gave the cheque.  He was sure that the cheque would be dishonoured still he issued the cheuqe for duping the complainant.  The behavior of the OPs is unfair trade practice.  They made a planning of tour to Thailand, printed same papers, describing the terms and conditions of tour, cancellation policy, change of each tour, last date of depositing the money, itinerary etc., but in reality they have no plan to conduct the tour.  After grabbing a lump sum amount, the tour operators use the money for their own benefit and forgets to refund the amount.  If complainant would have cancelled the tour, the OPs cut a percentage from the deposited money.  In this case, complainant gets a cheque for cancellation of tour by the OPs and the OPs have no money in the account.  This complainant is harassed immensely by the OPs, while contacted over phone, many a time, they remain unavailable.  Complainant spends time with mental pain and agony.   Journey was cancelled, but complainant’s money has passed from complainant to the OP.  The OP must return Rs.57,656/- immediately with calculated interest.

            Journey may be cancelled for different reasons.  As sufficient number of tourists did not enroll and it was not possible for the tour operators to conduct the tour, in this situation, OP’s earnest duty is to return the money.  They must not use it for expanding their business.  The OP took 09 months (From October 2016 to July, 2017) to give the cheque to complainant.  The OP neglects his duty by not returning the money.  The cheque was dishonoured by the Bank.  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.  In the light of above observation the case succeeds. 

Hence,

Ordered

That the instant case No.356 of 2017 be and the same is allowed with a cost of Rs.5,000/-.

            OPs are directed to refund Rs.57,656/- with 9 percent interest on the amount from 31-07-2017 till date of actual payment.

            OP is directed to pay a compensation of Rs.25,000/- for causing harassment and mental agony to complainant.

            OP is further directed to pay Rs.20,000/- for unfair trade practice against complainant and public at large and the amount will be deposited to the account of the Forum within 30 days from the date of this order.

            Failure to comply with the order will entitle the complainant to put the order into execution u/s.27 of the C.P. Act, 1986.