Order-13.
Date-17/06/2015.
Complainant Amita Ghosh by filing this complaint submitted that as per brochure of the op for the year 2014-15 tours on different dates and places complainant agreed to avail of one tour at Kashmir with Vaishnodebi and the date of journey was fixed as on 08.10.2014 and total tour cost was fixed at Rs. 18,782/-.
Accordingly complainant paid Rs. 3,000/- to op on 04.09.2014 and op in support of that issued bill and in terms of the conditions of the said brochure it has been mentioned that due to the unavoidable circumstances, if the tour is cancelled by them the entire advance/deposit amount would be refunded without any deduction.But in the last part of Sept. 2014 devastating flood occurred in the State of Jammu and Kashmir for which Jammu and Kashmir was completely disconnected from the rest of the country even Jammu was detached from Kashmir and due to said flood the entire Jammu and Kashmir was inundated under flood water and this situation practically was horrible and the newspaper published the said incident daily and in that situation complainant talked with the op and op said that when the tour will be cancelled if complainant intends to change the tour, they will return the advance money and complainant was primarily agreed with the said proposal but later on op changed its views and told the complainant that they will not adjust the said advance money and op will not refund the said advance money to the complainant.In fact the said tour was not conducted on the schedule date or deferred date and op himself cancelled the said tour as such the complainant is entitled to get the refund of the entire amount and for which complainant requested the op for refund of the same but op did not pay any heed.Ultimately a legal notice was sent to op on 24.11.2014 for refunding the said amount but no step was taken and it was not refunded and such sort of negligent and deficient manner of service and also for adopting unfair trade practice, this complaint is filed for redressal.
On the other hand op by filing written version submitted that the present complaint is not maintainable and further fact is that complainant knowing fully well about the terms and conditions of the policy and benefit deposited Rs. 3,000/- as advance for tour programme and tour was fixed for schedule date on 08.10.2014 and it was known to the complainant.Complainant booked seat for such tour and necessary steps had been taken by the op, necessary arrangement was made for her journey along with other passengers, tickets were purchased and tour was duly conducted on and from 08.10.2014 and many passengers availed of the tour and completed it, out of that some passengers cancelled their tour and they were refunded money as per terms and conditions of brochure and the receipt voucher.
It is specifically mentioned that as per cancellation rules minimum 50 percent amount of the tour price are to be deposited within 40 days before departure.But complainant did not pay it and for reservation of seats a sum of Rs. 3,000/- is received as advanced for sleeper class journey by train and for upper class journey, Rs. 5,000/- is required to be deposited as advance and it is known to the complainant.When complainant is well known person and educated, so, complainant read the brochure and being satisfied deposited of Rs. 3,000/- but she did not avail of the journey.But the plea of the tour was cancelled which is completely false because so many passengers availed of the tour and tour duly started on 08.10.2014 and many passengers availed of that tour and some passengers did not avail of that tour and they cancelled the tour and after deducting cancellation charge amount has been paid to that passengers.But this complainant did not pray of cancellation and she also did not avail of the journey for which as per terms and conditions of the booking receipt, complainant is not entitled to get any amount when for her journey, necessary arrangement were made, tickets were purchased.So, complainant is not entitled to get any benefit in this complaint and moreover complainant has suppressed the fact that the tour was duly conducted and many passengers availed of the tour.So the plan of the tour was cancelled which is false and fabricated for which the complaint should be dismissed.
Decision with reasons
On proper consideration of the complaint and written version and after assessing the material documents and further relying upon the argument as advanced by the complainant and Ld. Lawyer for the op and also considering that deposit receipt in support of payment of Rs. 3,000/- on 04.09.2014, it is found that date of journey was fixed on 08.10.2014 that means complainant booked one seat for the journey just 34 days prior to date of journey.But op has tried to convince that as per Clause, minimum 50 percent amount should be deposited within 40 days before the departure.Then in the present case, there was no scope on the part of the complainant to deposit 50 percent amount of the total price 40 days before the departure because she booked her seat just 34 days prior to date of departure on 08.10.2014.
So, under any circumstances, the terms and conditions for cancellation is not applicable in this case in view of the fact that op has failed to produce any document for cancellation and terms and conditions of the programme agreement duly signed by the complainant and in this regard after observing the copy of the receipt, it is found that on the back portion of the receipt, terms an d conditions are noted.There is no signature of the complainant.So as per provision of law it can safely be said that rules and regulation as noted back side of the receipt is not binding upon the complainant when it is not signed by the complainant.
At the same time the said rules and regulation are not applicable in view of the fact that complainant just booked the tour 34 days prior to date of journey.So, as per so called clause minimum 50 percent shall be paid 40 days before departure is also not applicable.So, considering all the above fact and materials and legal position we are convinced to hold that op has failed to prove by any cogent document that agreement Clause of Tour was binding upon the complainant when there was no written agreement for which all the clauses as mentioned by the op regarding cancellation etc. is not binding upon the complainant.
Truth is that op has admitted that many passengers cancelled the tour and their amount were refunded after cancellation and from the said list as added with the evidence in chief of the op, it is found that 9 persons including their family members cancelled the tour on the ground that at the relevant time, situation at Jammu and Kashmir was horrible and truth is that up to 09.10.2014 to 10.10.2014 the situation of the Jammu and Kashmir was completely unsafe for any tourist because general condition of the people was horrible and everywhere rescue camp were opened in total area and houses, shops and buildings were under/beneath the flood water. Dead bodies of animals and rodents were floating and fact remains the State Government of Jammu and Kashmir contained the tourists not to come till the situation is under control and it is published in so many newspapers and from two copies of newspapers, it is found that 07th, 08th and 09th October, 2014 Omar Abdullah the then Chief Minister of Jammu and Kashmir, Rajnath Singh, Central Minister were in the State of Jammu and Kashmir and thereafter Prime Minister Narendra Modi also visited when the entire Kashmir was inundated condition and huge number of families were rescued because most of the areas were covered with flood water. Road connection was disconnected and not only that the entire situation was declared as a National Devastation.Even up to 09th and 10th October 2014 from different places flood effected people were rescued by the Government and military from different flood affected areas to place them in a safe rescued home etc. and in such a situation invariably any human being may be a tourist must not have to visit such a place to enjoy the beauty of death, beauty of the dreadful vision of Jammu and Kashmir and disastrous condition of the people and in such a situation many families nine in number including family members cancelled the tour because it was painful to enjoy the tour in such a situation when they have their humanity because people of Jammu and Kashmir were in great distress and entire area is in devastated condition, National Devastation was declared.But amidst such situation can any human being visit and enjoy tour at Jammu and Kashmir and in the present case after hearing the complainant we have gathered that she is an unmarried lady and practicing lawyer and she expressed that she was unable to enjoy such tour due to her humanity and practically in such a situation she went to the op when op stated that if the situation is changed, the matter shall be reported.But complainant reported that she shall not go.But anyhow there are certain tourists who have their no humanity, forced the company and invariably this tour company conducted the tour then question is whether they are human tourists? But we want to express in view of the fact that pleasure and enjoyment cannot be of such a nature that can anyway evade the humanity from tourists.
But in this case it is found that the tourists who enjoyed the said tour programme had their no humanity and human feelings rather only for pleasure leaving no human feelings went to the flood affected are of Jammu and Kashmir at such a situation without devoting them to participate in rescue work and this observation is based on expression of the tourists in the letter heads of Dolphin Travels.One Kanchan Kumar, Subrata Bhattacharya after enjoying the tour made comments “I thank to the organizer to organize the tour in Jammu and Kashmir after a disastrous condition which was impossible to gear up”.
Considering such comment of the tourist, it is found that they are neither human being nor tourist.But considering that comment it is clear that death does not touch them, disastrous condition of the people did not anyway touch them but enjoyed the painful condition of flood affected people as pleasure and enjoyment.But anyhow there is huge difference in between the two English word ‘enjoyment and pleasure’.Anyway this word cannot be interpreted by any general people but it can only be realised by actual human being who have their some thoughts who can realize what is pain, what is sufferings, what is enjoyment, what is pleasure and what is need of life.
Practically for some years it is found that some States have been earning profit from tourism business and people at large particularly of West Bengal out of all over India are very much interested for enjoying tour.But they are not showing their humanity as tourists which is proved from the comment of one of the tourists that he has admitted that the condition of Jammu and Kashmir was disastrous condition which was expressed and can a prudent man having humanity can enjoy such a tour?Where people’s life is beyond any control.Government failed to control and only to save their lives they declared that it is National Devastation, military was deputed to save the people and in such a situation if the complainant refused to go to that tour that was justified and social expression what we feel.Many reasons are there for which we have lost out social responsibility, human dignity, morality, humanity and also lost our all sorts of quality to serve the people of flood affected area who are affected by the flood.No doubt it was unfortunate situation.Those people went to enjoy Jammu and Kashmir when at the relevant time the entire state was in disastrous but they did not serve the people to save their lives but they went there to enjoy.There is a very beautiful expression of a very world famous philosopher Burtend Russell and he also wrote a book named “Problem of Philosophy” and in that book, Russell expressed for Problem of Philosophy sometime we are losing our humanity.One is thinking that enjoyment is part of life whereas the Buddhist philosopher think that the minimum need which is required for a human body is sufficient not more than that.
So, we have gathered that the tourists who enjoyed the said tour in disastrous condition of Jammu and Kashmir may be the good customer of the op Dolphin Travels but they are not and cannot be declared as human being and not only that there are many paper to hold that they spent huge money for their enjoyment, but no part of amount was donated to the Government flood relief.Truth is that people who are enjoying their lives, they are not interested for some flood affected people and they are not in a mood to donate something for protection of lives of the people of devastated flood areas and this is the problem of philosophy of the op and their so called inhuman customers.
Anyhow we can anyway confirm that their attitudes as tourist who have their no social obligation, who have their no philosophy of life are nothing but creatures and in fact they are not human being.They are born only for enjoying the life not for serving the society for the development of the society or of the human being.
We have learnt from our school book that travelling is a part of education.But at this stage we have gathered that this theorization has been changed at the hands of so called op and the tourist.Anyhow that word is changed in such a fashion “Travelling is a part of pleasure and enjoyment, not education”.So present op and the above tourists even in such disastrous condition did not devote themselves as human beings ultimately to cancel the tour but other nine members and their families along with their children cancelled their tour realizing that it would be immoral act to enjoy suffering of other.
In the present case complainant being a lady and unmarried woman showed her some social dignity and she thought that in such a situation it was impossible for her to see such a painful scenarios.Fact remains that realization of a man is based on education and on the basis of philosophy of life.But anyhow one must have to realize any condition of a State and a district even staying away only from the newspaper and after reading the newspaper when complainant realised such a situation that it was not possible to see such a painful condition of the people of the Jammu and Kashmir, complainant cancelled the tour and in our view such an expression was human feelings and feelings to flood affected brother and sisters who are facing their days in disastrous condition at Jammu and Kashmir.
If such sort of expression is found illegal in the eye of tourism trade, then we find that there is no need of any tourism company and department.Rather we want that tourism department and business should be stopped and better to start some other department to rescue the people and save the people from their distress conditions or such sort of disastrous condition to save their lives otherwise Tourism is not required.Now question is how this tourism company has refused to refund the entire amount. If for the sake of the argument if it is accepted that this company conducted tour but anyway this situation was beyond the control and it was impossible for the complainant to enjoy such a painful scenario of Jammu and Kashmir by spending huge money as a tourist and at the same time the present tourist company ought to have asked the tourist to devote those tourists for the purpose of rescuing the people.But that has not been done then we are confirmed that this business establishment has no moral and social responsibility or corporate social responsibility as per consumer economy theorization.
In the present case the ops have not shown any human theorization, their business is for earning more money.They have their no eyes, they have already removed their eye lid, they are only for earning more money and they want to reach at the top of their capital.But they have not distributed any amount or food to flood affected areas.They did not go there for the purpose of serving the flood affected areas, but for what purpose they went there in such condition.
There is a very beautiful poem of Wordsworth and Wordsworth in his life realised the beauty of Yarrow by self realization and hearing from the different persons and wrote Yarrow unvisited at first.Thereafter ultimately he visited Yarro and wrote a letter Yarro Visited.But peculiar factor is that after completion of the two poems, on comparison he found that about Yarro his self realization was more beautiful than that of his realization after visit.No doubt it is noted only on the ground that the realisation of the complainant without visiting the above places were very correct.This complainant only studying newspaper and observing the TV realised the painful situation of Jammu and Kashmir.If she would go to Jammu and Kashmir, her position would be mentally horrible because she would be unable to bear the pain and suffering of people and scenery of dead bodies floating through flood water that would be very horrible.So she did not go to enjoy such a horrible tour, when it is found horrible in the newspaper and in the present case the whole conduct of the op is inhuman.Therefore they conduct the business for earning capital, they are not for showing any corporate social responsibility.But as per Indian Consumer Policy, each and every company and establishment shall have to show their corporate social responsibility to people at large.But that is absent here in all respect and they have defended that they shall not have to pay any money.This Forum is of opinion that op to show that op has donated Rs. 3,000/- to the Chief Minister Flood Relief Fund.If they can show, we shall have to dismiss the case but that has not been done.Then op shall refund the amount to the complainant immediately.When there is no fault on the part of the complainant.As unmarried lawyer rightly did not go for the said journey for human cause and when no part of the agreement is applicable in view of the fact that there is no such written agreement in between the parties.
So, negative attitude of the op is found from very inception and that is continued till completion of the argument.Very recently our noble laureto John Tirelo observed that situation of the consumer is no doubt horrible in third world market that is in India and other countries.Reason is there that there is none to control immoral trade practice of the traders and their illegal conduct of business.Truth is that in West Bengal most of the travelers and tour agents are squeezing money from the so called tourist of West Bengal and being deceived they are appearing before this Forum.But most interesting factor is that in most of the cases decree is being passed. But the scope for executing the order is impossible and that is the position because as and when decree is passed from the same address the new tour and travel business is run by abolishing the earlier name and style.So, deceitful manner of business is adopted by this op only for the purpose not to return Rs. 3,000/- to the complainant.But we have gathered that complainant have no fault on her part as a social human being and she rightly told the op as she was unable to avail of that journey in such a situation and that was really a human expression and moral obligation which cannot be anyway curtailed by this Forum for any reason or by the op a dishonest man for tourism business.
Considering the deceitful manner of practice on the part of the op and their business and manner of running the business and manner of deceiving the customer in such a manner, we are allowing this complaint by directing the op to refund the entire amount of Rs. 3,000/- along with compensation of Rs. 3,000/- for harassing the practicing lady advocate of Kolkata in such a manner along with cost.Cost is awarded for curtailing huge hours of her professional hour at Hon’ble High Court
Thus the complaint succeeds.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest with cost of Rs. 3,000/- against the op.
Op is hereby directed to refund the entire amount of Rs. 3,000/- and also compensation of Rs. 3,000/- for harassing the complainant a practicing advocate of Kolkata High Court in such a manner and for adopting such sort of deceitful manner and for causing mental pain and agony to the complainant and entire amount of Rs. 9,000/- shall be paid within one month from the date of this order to the complainant, failing which for non-compliance of the Forum’s order, penal damages at the rate Rs. 200/- per day shall be assessed till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.
Op is directed to comply the order very strictly, if it is found that op is reluctant to comply the order, in that case penal proceeding u/s 27 of C.P. Act 1986 shall be started for which they shall have to impose further penalty and fine.
