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.237/2012.
1) Shakuntala Datta,
359, JodhpurPark, Kolkata-68, P.S.Lake. ---------- Complainant
---Versus---
1) Cox and Kings Ltd.
6, Little Russel Street, Kankaria Estate,
Ground Floor, Kolkata-71, P.S. Park Street. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Order No. 15 Dated 30-08-2013.
We have gone through the pleadings of the parties, evidence and documents in particular and find that complainant was booked on a travel tour to Spain and Portugal scheduled to begin journey from Kolkata on 17.5.12 with o.p. and for this complainant paid Rs.1,83,809/- to o.p. on various dates.
Even one day prior for her journey no passport complainant has been handed over to and being tracked her visa status on the website complainant found to utter shock and dismay that her documents had been sent to the Spanish Embassy only on 10.5.12. The short term travel visa to Spain requires a mandatory 15 day period between visa application and visa issuance. O.p. had not followed this stipulation despite their repeated assurances to complainant that complainant would get her visa stamped passport in time. Complainant’s visa stamped passport was returned to complainant only on 21.5.12 i.e. too late to avail of her journey.
Complainant e-mailed the head of operations of o.p. Mr. Tushar Sakaria and asked for a refund and answer e-mail came from Indranil Bhaduri of Calcutta office of o.p. 30 days later on June 19 after complainant filed her petition before this Forum. In the e-mail of June 19 o.p. offered only part refund of the amount had paid with a deduction of Rs.43,000/- as cancellation charges. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
In view of the findings above and on perusal of the entire materials on record we find that o.p. had sufficient deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to pay a sum of Rs.1,83,809/- (Rupees one lakh eighty three thousand eight hundred nine) only towards the amount paid by complainant to o.p. and are further directed to pay to the complainant compensation of Rs.60,000/- (Rupees sixty thousand) only for 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 @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
