In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.232/2012.
1) Brojolal Banerjee,
148, Rash Behari Avenue, Flat No.3A,
“Sanaskriti”, Kolkata-29. ----------- Complainant
---Versus---
1) Club 7 Holidays Ltd.
10, Lansdowne Terrace, Kolkata-26,
P.S. Bhowanipore. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 13 Dated 30-08-2013.
The case is filed by Sri Brojolal Banerjee u/s 12 of C.P. Act, 1986 against Club 7 Holidays Ltd. alleging deficiency in service.
The fact of the case in brief is that in the 3rd week of Feb., 2011 the complainant being attracted by the advertisement published in the “Times of India” declaring tour package for “European Essence 11 days” for Rs.1.09 lakh contacted the office of the o.p. at its Kolkata office. As per exchange rate of Indian currency to Euro currency he compelled to pay Rs.2,28,528/- i.e. Rs.1,14,262/- per ticket for tour from 16.5.11 to 28.5.11 instead of Rs.1.09 lakh per ticket. Again as per repeated request by o.p., the complainant booked for “Tower of London” as optional visit and had to spend 25 Euro for each ticket. O.p. have changed Rs.3,492/- in Indian Currency instead of Rs.2,664/- i.e. additional amount of Rs.828/- was paid by the complainant. Moreover, the passport of the complainant was damaged by o.p. The rooms provided to them were also not so standard also.
After arriving at DumDumAirport, complainant raised objection about the o.p’s service, mismanagement etc. Thereafter, complainant sent a letter to Chief Executive Officer of the o.p. on 4.6.11 asking explanation. The o.p. did not pay any heed. Thereafter, complainant sent an advocate’s letter dt.27.8.11. On 31.8.11, one Ms. Sohini Das, Head - HR & Admn. Of o.p. sent a letter but neither explained nor established their defenses against the grievances. Thereafter on the same day Ms. Aparna Chaturvedi, CEO of o.p. sent a letter by admitting the grievances of the complainant but ignored the queries of the complainant and also ignored the legitimate claim of the complainant. Then complainant again sent an advocate’s letter on 27.10.11 and asked for a reasonable clarification. As there is gross deficiency in service on the part of the o.p., finding no other alternative complainant filed this instant case and prayed for compensation for mental harassment and agony suffered by him and his wife and also prayed for litigation cost.
Notice was duly served to o.p. but o.p. did not appear before the Forum. Hence the matter was fixed exparte as against them.
Decision with reasons:-
We have gone through the complaint which is affirmed by the affidavit. By their letter dated 31/08/2011 o.p. has revealed that they adopt the market practice followed by their competitors so that they do not look more expensive on the face of it.. They have clarified the complainant’s queries which are not satisfactory to the complainant. The service of notice was completed on 8.8.12. Complainant has also filed all the annexures showing communication with the o.p. As the documents of the complainant remained unchallenged, we have no reason to disbelieve the same. So, the case of the complainant is proved and there is a deficiency in service on the part of the o.p.
As a result the complaint succeeds.
Hence, ordered,
That the complaint being case no.232 of 2012 be and the same is allowed exparte with cost.
That the o.p. Club 7 Holidays Ltd. is directed to pay Rs.20,000/- (Rupees twenty thousand) only to the complainant as compensation for mental harassment and agony and Rs. 2000/- (Rupees two thousand) only as litigation cost within 30ays from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum till full realization.
As a result the complaint succeeds
