Order-9.

Date-17/05/2018.

       AUTHOR.RABIDEB MUKHOPADHYAY,MEMBER

The instant complaint has been filed by the complainantu/s.12 of the C.P. Act, 1986.

            Complainant by filing this casestates that he expressed his intention to avail the tour programme of OP, Dishari Holidays Limited at Kolkata, published in the Ananda Bazar Patrika on 27.11.2016 for Thailand package tour programmecomprising  05 nights and 06 days covering Air Fare, Visa, 3 Star-Hotel, Breakfast and Dinner, all sightseeings, transport by AC Van, itinerary of which enclosed as Annexure ‘A’. Complainant to avail the aforesaid tour with two members including himself and his wife Shibani Chattopadhyay which was scheduled to be commenced on 02.04.2017 vide booking receipt no. 1222 dated 16.12.2016. The total cost of the package was Rs.53,000/- (Rupees fifty-three thousand) only i.e. Rs.26,500/- (Rupees twenty six thousand five hundred) only per head as per pack. Complainant paid Rs.23,000/- (Rupees twenty-three thousand) only as detailed below .

            OP in its letter dated 28.02.2017 informed the Complainant that they were unable to conduct the Thailand Tour owing to shortage of fund and enclosed therewith apost datedcheque No.001050 dated 31.07.2017 for Rs.23,920/- (Rupees twenty three thousand nine hundred twenty) only drawn on HDFC Bank. The OP without any prior information to the Complainant issued the post datedcheque. The Complainant deposited the said cheque on 31.07.2017 but was returned with remarks ‘Fund insufficient’. This sort of act by the OP is monetory loss, mental agony and harassment to the Complainant. The OP is negligent and deficient in service and the entire attitude of the OPtantamounts to Unfair Trade Practice. This petition is made bonafide and for ends of justice and prayed before the Hon’ble Forum to pass orders . To direct OP to pay an amount of Rs.23,920/- by bank draft, to pay compensation Rs.10,000/- for harassment and mental agony and litigation cost of Rs.5,000/-.

Written Version

No written version has been filed by the OP.

Points for Discussion

1. Whether the complainant is a consumer under the OP;
2. Whether the OP is deficient in rendering proper service to the complainant;
3. Whether the complainant deserves relief.

Decision with Reasons

1. It needs to be mentioned at the outset that the OP did not attend the proceeding by way of filing W.V and did not assist the forum to find the truth, because the OP knows the truth very well.  The OP thereby lost the opportunity to defend its case and is, therefore, at fault as per settled principles of law.

2. We have perused the documents filed by the complainant including copy of advertisement by the OP in the Ananda Bazar Patrika dated 27^thNov, 2016,  internet copy on cancellation of contract, provisional booking receipt no.A1222 dated 16.12.2016 showing advance payment of Rs.13000/- through Cheque no.000017 and part payment receipt dated January 23, 2017, in respect booking reference no.00000498/- and internet document showing tour destination showing amazing Thailand with date of Journey on 2^nd April, 2017, and other records in connection with return of post datedcheques by the OP.

3. It appears that the complainant paid Rs.23, 000/- ( Rs. 13000/ on 16.12.2016, Rs.5000/- on 23.01.2017 and another Rs.5000/- on 15.02.2017).  The tour was slated on 2^nd April, 2017.   The complainant had to deposit the balance amount as per contract before final journey but on 20^th February, 2017, just after receiving the 3^rd phase of payment on 15/02/17, OP (Prop. Biplap Mandal) sent letter cancelling the scheduledTour due to their financial problem.  OP also sent a cheque for Rs.23, 920/- bearing no.001050 dated 31.07.2017 long after the cancelled date of the journey. 

4. It is to be clearly mentioned that the OP cancelled their tour due to their own reason and against the interest, expectations and anticipations of the complainant.  The OP has unilaterally cancelled the journey posing the complainant and his wife to an awkward position. The OP did not care to consult the complainant regarding such cancellation and whimsically sent a cheque with a minimum interest.  This is a clear deficiency on the part of the OP.

5. More stunning matter is this that the cheque when deposited by the complainant in his bank, got dishonoured in the Bandhan Bank Ltd. with the reason of ‘funds insuffient’.  This added salt to the injury in respect of the complainant and furthered the harassment and insult in his bank.  This behaviour of the OP is not only deficient but also unfair.

6. We find here that the complainant paid consideration money of Rs 23000/- in anticipation of getting service from the OP. So, he is a consumer in terms  of section 2(1)(d)(ii) of the Consumer Protection Act, 1986.

The OP inspite of receiving consideration money from the complainant did not perform its service and duties and is, therefore, deficient in terms of section 2(1)(g) read with section 2(1)(o) of the Act.

           Therefore, the complainant deserves relief.

        In the circumstances of above analysis, we are inclined to pass

ORDER

                That the complaint be and the same is allowed exparte against Shri Biplab Mandal, Chairman & Managing Director of Dishari Holidays Ltd. in terms of section 13(2)(b)(ii) of the Consumer Protection Act, 1986 as amended;

That ShriBiplab Mandal, Chairman & Managing Director of Dishari Holidays Ltd. is directed to pay back Rs 23920/- to the complainant with 9 percent interest from 01/8/2017 till actual payment, Rs 3000/- as compensation for physical harassment and mental agony of the Sr. Citizen complainant and Rs 3000/- as litigation cost, within 30 days from the date of this Judgement;

                That on failure of the Opposite Party to comply with the above orders, the complainant shall have the liberty to put the orders into execution in terms of section 27 of the Act ibid.

           Let copy of the judgement be handed over to the parties when applied for.