In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   90 / 2011.

1)                   Sri Ramesh Poddar,

Flat No. 5A, Block-B, V.I.P. Tower,

80, Golaghata Road, Kolkata-700048.                                                     ---------- Complainant

---Versus---

1)                   Club 7 Holidays Ltd.,

10, Lansdowne Trrrace, Kolkata-700026.                                                 ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Smt. Jhumki Saha, Member.

                        Dr. A. B. Chakraborty, Member

Order No.   1 1    Dated 3 0 / 0 3 / 2 0 1 2 .

          The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Sri Ramesh Poddar against the o.p. Club 7 Holiday Ltd. The case of the complainant in short is that complainant intended to opt for trip/tour of Europe and Dubai with his wife and son. O.p. represented that total price of the tour would be Rs.1,88,000/- plus USD 530 plus Euro 3074 i.e. Rs.3,95,000/- in Indian currency which included visa fees of Rs.60,000/- plus tour charges. O.p. took the responsibility for obtaining visa from the competent authority. Complainant paid Rs.3,22,290/- and the balance 1400 Euro i.e. Rs.84,000/- was supposed to be paid to o.p. at London. The terms and conditions included that in case of refusal of visa by the competent authority, o.p. would refund mount paid by complainant after deducting visa fees plus service charge of Rs.3000/- per person aggregating to Rs.9000/-. The schedule departure was fixed on 27.5.10 but o.p. could not procure the visa within the schedule date of journey. The money and documents for visa was taken by o.p. on 29.3.10 and the visa was refused on 19.5.10 and o.p. intimated the same to complainant on 25.5.10 leaving no scope for resubmission of application for visa, as such, the tour had to be cancelled. Thereafter complainant requested o.p. for refund of tour amount after stipulated deduction of Rs.9000/- as agreed upon, but o.p. did not entertain his prayer and also denied to hand over the pass port or to refund the money to complainant as mentioned above. On further request complainant was given the only option of taking London to Dubai tour and demanded Rs.10,000/- and complainant paid the same. Complainant requested o.p. to refund the rest amount as the further tour did not include tour to Europe. Hence the case.

          Matter was hears ex parte as o.p. did not contest the case by filing w/v.

Decision with reasons:

          We have gone through the pleadings of complainant, evidence and documents in particular. We are not in a position to disbelieve the unchallenged testimony adduced by complainant and therefore, we hold that complainant is entitled to relief as prayed for as contained in the prayer portion of the petition of complaint.

          Hence, ordered,

          That the petition of complaint is allowed ex parte against o.p. O.p. is directed to refund the amount received by them for Europe tour of complainant together with interest @ 9% p.a. from the date of deposit till the date of realization  and is further directed to pay compensation of Rs.25,000/- (Rupees twenty five thousand) only to complainant for his harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% 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.

   ____Sd-_____                     _____Sd-_____                  _____Sd-______

     MEMBER                            MEMBER                        PRESIDENT