- Hemanta Kumar Karan,
5, Raghunath Chatterjee Street,
P.O. Bidhan Sarani,
P.S. Amherst Street, Kolkata-6. _________ Complainant
____Versus____
- Chalo Jaai Travel Club,
S.B. Tower, 37, Shakespeare Sarani,
P.S. Shakespeare Sarani, Kolkata-17.
- Manager /Authorized Person representing
Chalo Jaai Travel Club,
14, Hare Street,
P.S. Hare Street, Kolkata-1. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 17 Dated 27/08/2015
The case of the complainant in short is that complainant subscribed to a tour programme conducted by o.p. to wit, Chalo Jaai Travel Club – 37, Shakespeare Sarani, Kolkata-17 by paying a total sum of Rs.36,004/- in total vide voucher No.3731 dt.12.9.12.
The tour programme was for Lava-Lalegaon to be commenced on and from 8.10.12. The payment was made for complainant and his family consisting of spouse and three children.
Complainant’s younger daughter suddenly attacked by Dengue right on 8.10.12 – the very date of journey. The journey was to commence at 7-35 p.m. by grailen’s 13147 UP Uttar Banga Express from Sealdah Station as per their hand bill.
The programme was to cover 7 days in total (both days inclusive). In between the day one and day seven there were 5 days where hotel charges, meal and breakfast and fare charges were to be provided as per the contract.
The train journeys were on the day one and the close up day on returning journey were 13148 DN Uttar Banga Express was to be boarded on 6th day from NJP.
Dr. S. Palodhi – M.B.B.S. (Cal) examined the patient and prescribed medicines and preserved some tests urgently. Hospitalization was also suggested. The question of joining the tour was ruled out.
The train was to start from Sealdah at 7-30 p.m. and complainant informed more than 1 ½ hours back of cancellation of the tour and hence a portion of train of upward journey and full refund of the return journey of the train (save cancellation charge) is equitable.
On a very cogent reason beyond our control, the programme could not be participated and the matter was intimated at the earliest and quite prior to the starting on the 7 day long programme but yet the o.p. is reluctant to refund. Hence, the case was filed by the complainant with the prayers contained in the prayer portion of the petition of complaint.
.Decision with reasons:
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
O.ps. have stated in their w/v that complainant voluntarily did not avail of any services rendered by o.ps. and there is no deficiency of service within the meaning of the C.P. Act, 1986 or otherwise and the present complaint does not contain any allegation of any deficiency in service as defined in C.P. Act, 1986. O.p. no.2 in their evidence has stated that after fully knowing and understanding all the rules of the said package tour including cancellation and its consequences complainant booked the said tour and put his signature in the booking cum final voucher on 12.9.12.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant actually made payment for journey and for some unavoidable circumstances complainant could not avail of the said package tour and informed o.ps. prior to journey. It is fact that complainant informed o.ps. prior to the scheduled journey.
In view of the findings above and on perusal of the entire materials on record we find that there is deficiency in service on the part of o.ps. and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to pay to the complainant a sum of Rs.35,000/- (Rupees thirty five thousand) only on prorata basis for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
