Order No.  9  dt.  19/11/2019

        The case of the complainants in brief is that they are senior citizens and they contacted the o.p. for availing a tour at Arunachal Pradesh from 18.10.18 to 27.10.18. The complainants went to Guwahati Airport at their own cost and on that date o.p. Chandan Das met the complainants at Guwahati Airport to receive them and ask them to give rest of the money which was Rs.17,000/-  x 2 i.e. Rs.34,000/- and since the complainants paid an advance of Rs.8000/-, the complainants paid Rs.16,000/- at that time at Guwahati Airport. The complainants have stated that out of the total amount claimed by o.p. of Rs.34,000/- the complainants paid Rs.24,000/-. Thereafter o.p. Chandan Das  took the complainants from Guwahati Airport to Ashoka Palace Hotel at Paltan Bazar, Guwahati. On that date 18.18.18 at night o.p. left the hotel saying that he was going to Darjeeling for another tour and on the next day his manager will accompany them for Arunachal Pradesh tour. But throughout the day the complainants and other tourists had to remain on the street awaiting for arrival of the representative of Chandan Das, but nobody turned up. After waiting up to 07-00 p.m. the complainants decided that it was not possible for them to go to Arunachal Pradesh and they decided to visit Guwahati and surroundings like Kaziranga, Shilong and Cherapanji. The complainants, thereafter, stayed in the night at the hotel and on the next day on 21.10.18 they started for tour by car on contract with the charge of Rs.18,000/- as rent and the entire cost was borne by the complainants. Since o.p. did not cooperate with the complainants and they faced harassment, thereby the complainants filed this case praying for direction upon the o.p. to refund of the amount of Rs.34,000/- that was contracted with o.p. as well as compensation and litigation cost.

            In spite of receipt of notice the o.p. did not contest this case by filing w/v. The complainants in order to ensure the attendance of o.p. issued the notice through the newspaper. The complainants has filed the paper cutting showing that the notice was issued in daily newspaper i.e. Bartaman Patrika, for which the complainants had to bear the expenses of Rs.7257/-. In spite of that o.p. did not contest this case and as such, the case has proceeded ex parte against the o.p.

            The complainants in order to prove the case filed the documents including the agreement for the said tour wherefrom it is evident that the tour was to be commenced on 18.10.18 and the complainants will be returned to their place on 27.10.18. The complainants purchased the air tickets at their own cost for going to Guwahati Airport and also to return from their on 27.10.18. The complainants have stated that after reaching at Guwahati Airport they paid further amount of Rs.16,000/- to o.p. The complainants have filed the document showing that they paid an advance of Rs.8000/- out of the total tour cost of Rs.34,000/- and in the bill issued by o.p. it appears that the balance amount was due to the tune of Rs.26,000/-. The complainants have claimed that they paid further amount of Rs.16,000/- to o.p. Chandan Das at Guwahati Airport, but the complainants could not file any documentary evidence to that effect at least the complainants could have sought for an endorsement from o.p. to make an endorsement on the receipt filed by the complainants that he received further amount of Rs.16,000/- at Guwahati Airport. The complainants have stated that they had to abandon the tour at Arunachal Pradesh and they decided to stay in Assam and to visit surrounding places like Kaziranga, Shilong and Cherapanji. The complainants have stated that for visiting those places they had to bear the expenses of Rs.18,000/- and they also claimed the said amount. From the materials on record it appears that the complainants have been able to prove that they paid Rs.8000/- only out of the total amount claimed by o.p. to the tune of Rs.34,000/-. Therefore, the question of payment of the further amount in excess of Rs.16,000/- has not been established by the complainants. It is relevant to mention here that the complainants had to issue notice through newspaper for which they had to incur an expenditure of Rs.7257/-. The complainants will also be entitled to get that amount. Further the complainants will be entitled to get compensation and litigation cost. Accordingly, we hold that there is deficiency in service on the part of o.p. and the complainants will be entitled to get the relief. Thus the case is disposed of accordingly.

            Hence, ordered,

            That the CC No.121/2019 is allowed ex parte with cost against the o.p. The o.p. is directed to refund the advance amount of Rs.8000/- (Rupees eight thousand) only and cost of newspaper publishing of Rs.7257/- (Rupees seven thousand two hundred fifty seven) only to the complainants along with compensation of Rs.2000/- (Rupees two thousand) only for harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.