Order-10.
Dat Date-12/06/2018.
Smt. Sangita Paul, Member.
Complainants, by filing this case states that they were looking for a tour abroad and being allured by the brochure and through website th April,2017 and the date of return was 12.04.2017. It was a package tour of Rs.26,500/- for each person with high hope and trust. Complainants paid Rs.23,000/- out of which Rs.13,000/- in cash on the date of booking i.e.; on 05.12.2016, Rs.5,000/- was paid by cheque, being cheque no. of 780992 dated 03.01.2017 drawn on State Bank of India and Rs.5,000/- was paid in cash on 02.02.2017.
That all on a sudden, OPssuomotu cancelled the tour programme and informed Complainants by giving two options whether to take back the money with interest or to avail of tour later scheduled to be held in the current year,2017. Complainants were so depressed that they chose to take back the amount paid by them and accordingly the OP issued cheque of Rs.23,920/- dated 31.07.2017 in the name of complainant-1 SuditptaMajumdardr awn on HDFC Bank, Park Street Branch.
Complainant-1 Sudipta Majumdar deposited the said cheque dated 31.07.2017 to his bankers United Bank of India, Patipukur Branch on 01.08.2017, but the said cheque has been dishonored with remarks “ Fund insufficient “ vide return memo dated 02.08.2017. Complainants immediately visited the Office of the OP-1 soon after the dishonor of the said cheque with the demand of money on returning the dishonored cheque, but the OPs paid no heed and as such, Complainants returned with empty hands. There is gross deficiency of service as well as unfair trade practice on the part of the OPs and as such, Complainant s have been put under immense mental sufferings and harassment.
That the scheduled tour programme has been cancelled by the OPssuomotu without reasons and there is no laches on the part of the Complainants. OPs have grabbed Complainant’s money in deceitful manner in the name of package tour of Thailand. Complainants are consumer within the ambit of the Consumer Protection Act 1986 and as such, Complainants are entitled to relief under the said Act. The complaint petition is within the period of limitation. The cause of action has arisen on 02.08.2017 and has been continuing within police station, Shakespeare Sarani under the jurisdiction of Ld. Forum.
In the facts and circumstances, Complainant prays for admitting the petition of complaint. Complainant also prays for directing the OPs to pay Rs.23,920/- the dishonored–cheque-amount to Complainants with interest of 18 percent p.a., directing the OPs to pay Rs.5,000/- to Complainants as compensation for mental sufferings and harassment, directing the OPs to pay Rs.10,000/- to Complainants as litigation cost, Complainant also prays for directing the OPs to pay interest and penalty and any other order which this Ld. Forum may deem fit and proper for the ends of justice.
Complaint was admitted on 11.01.2018 on 13.03.2018 Complainant was present and files internet track report and the same shows that notice has been served upon OP-2 on 21.02.2018 and the envelop in respect of OP-1 has been returned unserved with postal endorsement “ Addressee Moved” Complainant prays for passing an order to accept the service as good service. OP-2 is the Chairman and Managing Director of OP-1. Hence the service in respect of OP-1 is considered as good service. On 09.04.2018, Complainant was present, OPs were absent on call for two consecutive days. No Written Version was filed. The case runs ex parte against the OPs. Complainant is to file E/Chief on the next date. On 23.05.2018, Complainant was present. Complainant files E/Chief and E/Chief of Complainant remains unchallenged and uncontroverted. Argument was heard ex parte and we proceeded for giving judgment.
Decision with Reasons
We have perused complaint petition, Evidence-in-chief, booking receipt of Dishari Holidays dated 05.12.2016, photocopy of letter addressed to Complainant-1, Sri SudiptaMajumdar from Sri BiplabMondal, Chairman and Managing Director of Dishari Holidays Limited. photocopy of letter addressed to Complainant. .Photocopy of the dishonored cheque dated 31.07.2017, the amount being 23,920/-and other documents lying on record. Being allured by the lucrative advertisement, Complainants approached to the Office of OP-1 in the month of December, 2016 and the tour to Thailand was fixed. The date of journey was fixed on 07th April, 2017 and the date of return was fixed on 12.04.2017. It was a package tour and the amount was fixed on 26,500/- for each person out of which, Complainants paid Rs.23,000/-. All on a sudden, the OPs informed of Complainant of cancellation of tour. The OPs gave two options, either to take back money with interest or to avail of tour, scheduled to be held in the current year, 2017. Complainants chose the first option. There was no sureity of commencement of tour in the year 2017. After giving lucrative advertisement and all verbal assurances from the part of the OPs, the tour was cancelled for some reasons which is best known to the OPs. The OPs issued a cheque of Rs.23,920/- dated 31.07.2017 in the name of Complainant-1, but the same has been dishonored with remarks “ Funds insufficient “ by the banker of Complainant, United Bank of India. Soon after, Complainants visited the OPs office with demand of money and to return the dishonored cheque, but Complainant s paid no attention. Neither they returned the money nor they took back the dishonored cheque. If this be the attitude of the OPs, then it is clear that the commencement of tour in the year 2017 is a blatant lie. The OPs made a gesture of deficiency in service by putting Complainants in troubles, harassment, mental pain and agony. OPs are strictly deficient in rendering the adequate service to the Complainants.
Such conduct of the OPs is certainly unfair. The OPs received money from Complainants. Now the ball is in the OP’s court. Complainants have nothing to do if the OPs refused to pay. Complainants have no alternative left but to wait for the money. This is no doubt an unfair means of collecting money from the people at large and after collection of fund the OPs refused to take the Complainants for tour, by showing false excuses. The OPsmust be penalized for collecting money from the innocent public at large and then utilize the money for their own benefit. Thus OP has adopted unfair trade practice for duping the public and for making his own savings.
The OPs issued cheques knowing it fully well that they don’t have money in the Bank. OPs knew that chequeswill be dishonored. Still they issued cheques for duping Complainants. This is certainly an unfair trade practice. In a letter addressed to Complainant, OP-2 states that it was not possible to arrange a group tour. OPs announced the date of journey after seeing all particulars of the tourists. In the letter addressed to Complainants, it was stated that other tourists are not willing to go in March,2017. The veracity of the statement is yet to be proved.
Complainants are consumer within the ambit of Consumer Protection Act and they are entitled to relief under this Act. In the result, complaint succeeds.
Hence,
Ordered
That the complaint be and the same is allowed ex parte against the OPs and in particular OP-2, Biplab Mondal.
The OP-2 is directed to pay back Rs. 23,920/- with 7 percent interest from 31.07.2017 till full payment along with Rs.5,000/- as litigation cost to Complainants within one month from the date of this order.
OP-2 is directed to pay Rs.10,000/- as compensation for physical harassment and mental agony.
OP-2 is further directed to pay an amount of Rs.10,000/- for adopting unfair trade practice, 50 percent of which shall be paid to Complainants and 50 percent deposited with this Forum within 30 days from the date of this Order.
Failure to comply with the order will entitle the complainant to put the order into execution under appropriate provision in C.P. Act.
