FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU , Member ,
The case of the complainants in a capsulated form is that, being allured by the representation of the OPs the complainants paid an amount of Rs.4,81,000/- to the OPson different dates by cheques and cash for the proposed tour namely ‘Saranio Russia Sathe Abhirup Scandivinia’ covering Russia , Sweden, Norway and Denmark for 12 nights and 13 days during the Durga Puja holidays in October 2019 and the departure date was fixed on 07/10/2019 . The complainants also paid an amount of Rs.3,820/- towards the service Charges for Visa which cost was included in the said tour costs. Thereafter on 03/10/2019 one employee of the OPs namely Palas Sen informed the complainant that arrangement of the said tour had been stopped and a notice in this regard was hung up on the front gate of the OPs’ Kolkata office by which the OPs notified all the customers that due to unavoidable constraints they were unable to conduct their said tour and the Kolkata Office of the OPs would remain closed due to Durga Puja festivities. Although the OPs provided its call centre number for queries, assistance and support of the customers, yet such number went unanswered when dialed by the complainants. Till date the complainants are unaware and kept in dark regarding the cancellation of the said tour. Therefore, finding no other option the complainants have filed the instant case before this Ld. Commission.
OPs did not resist the consumer complaint despite service of notice. No WV has been filed by the OPs within statutory period. Thus, the case runs ex parte hearing against the OP.
In support of his case the complainant has tendered evidence supported by an affidavit and also relied upon documents annexed with the complaint petition. Complainant has also filed written argument. We have heard argument on merit and have also perused the record.
Evidently the complainants had paid an amount of Rs.2,83,819/- (Rs.279999as advance to the OPs and Rs.3820 as Visa fees) by cheque and by cash towards the said tour as proposed by the OPs. Ld. Advocate for the complainant submitted that rest of the amount was paid such as Rs.1,10,000/- by cheque being No.309129 dated 29.08.2019 issued on SBI High Court Branch in favour of OP3 , Rs.1,00,000/- by cheque being no.584932 dated 25.07.2019 drawn on UBI High Court Branch in favour of the OPs , Rs.91,000/- by cheque being No.584935 dated 29.08.2019 in favour of the OPs , but for Rs.2,01,000/- (Approx) which was paid by cheque , no receipt was obtained from the OPs and all the cheques were encashed from the bank and bank statement will be produced at the time of hearing. On perusal of record it is found thattotal tour cost for two person was Rs.4,53,154.8/- and money receipts issued by the OPs to the complainant reveal that complainants have paid an amount of Rs.2,79,999/- as advance and an amount of Rs.1,73,155.8/- to be paid by the complainant. No other evidential document or any bank statement is annexed/ produced by the complainant as exhibits regarding the aforesaid payment as submitted by the Ld. Advocate for the complainant.
Fact also remains that the OPs cancelled the said tour ‘due to unavoidable constraints’ and assured the customers through a letter dated 01/10/2019 that :
the amount paid by you towards booking of the referred tour shall be refunded to you within 90days from the date of this letter along with interest calculated @ 12% per annum from the date of booking.
In view of the above fact there is no doubt that OPs have failed to fulfill their commitment.
It is true that that no WV has been filed by the OPs though several opportunities were given to them for filing WV yet they have failed to file the same as such the allegation stated in the complaint petition remains unchallenged. Regarding this matter we can safely state that on failure to file WV by the OPs tantamount to admission of the allegations stated in the complaint petition. Photocopies of the documents reveal that an amount of Rs.2,83,819/- is paid by the complainant to the OPs for the said tour. Therefore, we are of the opinion that under the above facts and circumstance, the gross negligence and deficiency in service and unfair trade practice on the part of the OPs is proved and the complainant is entitled to get relief/reliefs.
Based on the above discussion we disposed of the consumer case in the following terms:-
- OPs are jointly and severally directed to refund an amount of Rs.2,83,819to the complainants along with compensation in the form of simple interest @ 12% per annum .
- Ops are also directed to make payment of a sum of Rs.10,000/- as costs of litigation in favour of the complainants.
- Above payments shall be made within 04 weeks from the date of this order failing which the amount shall carry additional interest @ 8% p.a. from the date of the order till its realization.
Consumer case is thus allowed on ex parte against the OPs.
Copy of the judgement be supplied to the parties as per rules. Judgement be uploaded on the website of this Commission forthwith for perusal of the parties.
