- Smt. Jolly Sarkar,
A/3, Sant Apartment, 1, Vivek Park,
Kamdahari, Garia, P.S. Regent Park, Kolkata-84.
2) Sri Chittaranjan Samanta,
18, A.P.C. Avenue, (Flat no.4A),
P.S. Dum Dum, Kolkata-30. _________ Complainants
____Versus____
- Chalo Jai Travel Club,
S.B., Towers, 37, Shakespare Sarani,
P.S. Shakespeare Sarani, Kolkata-17. ________ Opposite Party
Present : Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 19 Dated 22-08-2014.
The case of the complainant in short is that complainant along with Rajib Sarkar visited the branch office of o.p. on 12.3.11 and wanted to take part in their tour programme to Ladakh and for that reason made a payment of Rs.19,200/- for booking the tour programme. Due to some personal inconvenience Rajib Sarkar could not join the tour programme and in his place one Chittaranjan Samanta, complainant no.2 wished to join the tour. The same was intimated to o.p. and o.p. accepted the name of Chittaranjan Samanta as a member of the said tour programme. Complainant paid Rs.48,000/- for two persons along with 2.58% service tax extra excluding the train fare of both way since the complainant expressed their desire to travel by A.C. coaches which was not provided by o.p. Therefore, complainant opted to purchase their own rail tickets for the journey and made an advance payment of 40% of the total amount for the tour programme. Complainants paid a sum of Rs.19,200/- to o.p. on 12.3.11 towards advance payment through cheque being no.244862 dt.12.3.11 drawn on UBI, Raja S.C. Mallick Road, Garia Branch and o.p. had issued a receipt to the complainants to that effect. Accordingly, complainants purchased their own railway tickets for their journey. On 10.6.11 complainants attended a meeting and paid Rs.28,096/- vide final voucher no.470 as full and final payment for them for the said tour programme. On that day complainants were informed first time by o.p. that they were required to submit medical fitness certificate. Complainants could not submit medical fitness certificate and therefore o.p. told them they would not be allowed to join the tour. Then complainants lodged a general diary being GDE No.1719 dt.18.6.11 at Jadavpur P.S. Complainants visited several time with a request to o.p. either to allow the complainants to join the said tour programmed or to refund the money which has been paid by them. But o.p. neither allowed them to join the said tour programme nor refund the money. Ultimately they could not join the said tour programme and cancelled their train tickets and thereby suffered loss both financially ad mentally. Complainants also issued a legal notice dt.1.7.11 to o.p. for refund of money. O.p. replied to that legal notice on 11.7.11 and took a plea that complainant did not turn up at Howrah Station. Being aggrieved and dissatisfied complainants filed the instant application with a direction for refund of Rs.48,000/- along with compensation and cost.
O.p. appeared in this case by filing w/v denying all material allegations interalia stated that on the very first day o.p. had informed the complainants to obtain medical fitness certificate for both the complainants. O.p. also stated that on the date of final payment they requested the complainants to submit the medical fitness certificate as the said tour involve high altitude travelling which could cause breathing problem to the travelers. They have also stated that complainants were aware of the rules of the said package tour including cancellation norms. O.p. has also stated that for the safety of all tourist of the said package tour including both the complainants they took Suhana Safar Policy from National Insurance Co. Ltd. for the period from 20.6.11 to 9.7.11. So there is no deficiency in service on the part of o.p. and as such, the case is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted fact that complainant no.1 has opted for a tour programme to Ladakh conducted by o.p. with her husband Sri Rajib Sarkar. But due to personal inconvenience as Rajib Sarkar could not join the tour programme complainant no.1 proposed the name of complainant no.2 instead of Rajib Sarkar. O.p. has accepted the proposal and the name of complainant no.2 was included as a member for the aforesaid tour programme. Accordingly, complainant paid Rs.19,200/- to o.p. on 12.3.11 towards advance payment through cheque. More or less after lapse of 3 months on 10.6.11 complainants paid Rs.28,096/- as full and final payment for them to o.p. On that day o.p. informed the complainant that they had to submit the medical fitness certificate. No scrap of paper has been filed by o.p. which supports that o.p. has already required the medical fitness certificate from the proposed tourists earlier. On the day of final payment o.p. has demanded the medical fitness certificate which is to be required for high altitude traveling. O.p. ought to have demanded for the fitness certificate much earlier.
It is our opinion that it is unjustified by the o.p. to accept the final payment without obtaining medical fitness certificate from the complainants which is to be required for traveling in Ladak as disclosed by o.p.
If complainants would not be interested to join the tour programme they would not purchase the railway tickets and as they could not join the tour programme they had to cancel the tickets on 18.6.11 i.e. 2 days before the scheduled date of journey. So, there is deficiency in service on the part of o.p. that they have informed for required of medical fitness certificate at a belated stage. O.p. at least ought not to have received the final payment without the medical fitness certificate and as such, complainants have substantiated their case and they are entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. in part. O.p. is directed to refund to the complainant the sum deposited in total Rs.47,296/- (Rupees forty seven thousand two hundred ninety six) only and is further directed to pay compensation of Rs.5,000/- (Rupees five thousand) only for harassment and mental agony and litigation cost of Rs.3000/- (Rupees three thousand) only within 45 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.
