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

          Complainant by filing this complaint has submitted that he as a tour lover intended to tour Kashmir and surrounding areas and for this purpose with the help of internet he contacted with tour operator Chuti Chuti Travels from a period of 12-10-2014 to 21-10-2014 along with house-boating for one day for three members of his family including himself by a total amount of Rs.41,000/- and as per contract between the parties OP supplied to the complainant on 04-03-2014 the programme schedule of the said travel and received the sum of Rs.2,000/- as per agreement as advanced for the tour of Kashmir by issuing a receipt No.469 dated 04-03-2014 and balance amount would be paid Rs.39,000/- before such fixed date of tour when OP again asked the complainant to pay Rs.10,000/- in advance and complainant relying upon the OP paid another Rs.10,000/- on 30-05-2014 vide receipt No.880 and OP agreed and assured to provide all sorts of service for the tour and as per contract all charges, food and conveyance charge from Srinagar to Jammu shall be borne by the OP etc.  Subsequently, complainant came to learn that Hadkaban and “devastating flood” has created a painful situation at Jammu and Kashmir and all the tourists are directed not to go Kashmir and the hotels had been affected for Hadkaban/Devastating Floor and it was published in so many newspaper and also in the TV channel that tour at Kashmir was not safe and after hearing this complainant reported to the OP to postpone the said tour due to disaster at Jammu & Kashmir.  But in the meantime OP also did not give such assurance whether it would be fruitful tour or not.  But they kept mum when complainant postponed the tour due to such disaster and requested the OP to refund the advance amount of Rs.12,000/- OP did not agree to refund the advance amount to the complainant but the OP asked the complainant to go their office on 18-09-2014, 22-09-2014 and 25-09-2014 for refund.  Complainant reached there after coming from Sagardighi, Murshidabad to Kolkata and it is no doubt an unfair trade practice on the part of the OP and at the same time it has caused mental suffering and agony for which complainant prayed for refund of entire amount including the litigation cost.

          Fact remains in the present case notice of the complaint was served upon the OP and same was delivered on 21-11-2014 but complainant did not turn up to contest the case even after receipt of the complaint including other documents.  So, the case was ultimately fixed for ex parte hearing.  Thereafter, complainant filed evidence-in-chief including other documents that was also sent to the OPs by Registered Post with A/D and same was delivered to the OP on 01-01-2015.  Even then OP did not turn up to contest the case.  Accordingly the case is finally heard ex parte.

Decision with Reasons

On proper consideration of the entire complaint including the unchallenged testimony of the complainant, the evidence-in-chief and document it is clear that Chuti Chuti a tour and travel company OP no doubt issued tour programme on 04-03-2014 to the complainant on receipt of booking amount of Rs.2,000/- on 04-03-2014 by issuing a receipt No.469 and date of departure was 12-10-2014 and total period of tour was from 12-10-2014 to 21-10-2014 and as per contract all costs for tour and their travel, food and lodging, journey costs shall be borne by the OP and Rs.41,000/- was fixed for each head for such tour programme.  Subsequently, as per requests of the OP complainant paid a sum of Rs.10,000/- vide another receipt No.880.  So, it is proved that complainant paid Rs.12,000/- as advance.  But fact remains the complainant came to learn from newspaper and TV etc. that entire Jammu & Kashmir has been overflooded by the Hodkaban and the situation of J&K was unsafe and it was unsafe for tourists spot and that was reported to OP and OP did not take any step and did not inform whether the tour programme is at all safe or not.  So, complainant asked the OP to postpone the tour and prayed for refund of the advanced money but truth is that OP did not pay any heed and in this regard ultimately complainant sent a notice to the OP by Registered Post with A/D and informed the entire fact and that notice was issued by the complainant on 12-09-2014 and from the A/D card it is found that OP received it on 09-10-2014 but no response was made by the OP.

          Most interesting factor is that the notice of the complainant was duly served along with the complaint but OP did not turn up to contest the case and has not denied the allegation of the complainant. So, considering that fact it is clear that the situation for tour and travel during that period was unsafe and unfavourable.  In view of the fact that natural calamity that is Hadkaban had already created an unfavourable situation for the public to tour and it was unsafe for which tourists and tour party were asked not to tour at J&K at that time which is not challenged by the OP though OP got such chance to defend the case but considering different newspaper that during that period entire J&K was in inundated condition and practically OPs did not inform the complainant that their tour has been postponed.  So, considering that fact it is clear that OP grabbed money and tried to convince the complainant to go for another tour but complainant was not satisfied about the conduct of the OP and they adopted deceitful  manner of practice of trading tour and travel business and in view of the above fact we are convinced to hold that complainant has been able to prove beyond any manner of doubt that they postponed of tour and cancellation was made by the complainant but it was indirect postponment by the OP, but OP did not inform the complainant for which we are inclined to hold that complainant has been able to prove allegation against the OP about their behaviour including their deceitful manner of trade in tour and travel business and in fact, complainant has been deceived by the OP for which complaint succeeds.

Hence,

Ordered

That the case be and the same is allowed on ex parte against the OP with a cost of Rs.10,000/-.       

          OP is directed to refund entire advance amount of Rs.12,000/- to the complainant and also to pay a sum of Rs.6,000/- as compensation for causing mental pain and sufferings to the complainant and also for causing harassment for not refunding the sum to the complainant even after visiting the Office of the OP from his home Sagardighi, Murshidabad to Kolkata.

          Accordingly, OP is hereby directed to pay a total sum of Rs.28,000/-(Rs.10,000/- as litigation cost + Rs.12,000/- as refund of booking amount + Rs.6,000/- as compensation) to the complainant within 15 days from the date of this order failing which for disobeyance and incompliance of the Forum’s order OP shall have to pay Rs.200/- per day as penal interest till full satisfaction of the decree from the date of non-compliance of the order and if it is collected it shall be deposited to this Forum.

          OP is also directed to pay a sum of Rs.5,000/- as penal damages for adopting unfair trade practice and deceitful manner of practice and only to check their such sort of business penal damages be imposed and it shall be deposited to this Forum at once.

          OP is hereby directed to comply the order within stipulated time failing which penal proceeding u/s.27 of the C.P. Act shall be prosecuted.