DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
Consumer Complaint No.160 of 2015
Date of filing: 28.7.2015 Date of disposal: 12.5.2016
Complainant: (1) Prasanta Biswas, S/o. Dwijapada Biswas, (2) Jayashri Biswas, W/o. Sri Prasanta Biswas, (3) Abhik Biswas, S/o. Sri Prasanta Biswas.
Sl. 1 to 3 All are residents of 2B/7, Bankim Chandra Avenue, B-Zone, Durgapur – 713 205, District – Burdwan (West Bengal).
(4) Sri Swapan Kumar Patra, S/o. Late Paramananda Patra, (5) Smt. Pratima Patra, W/o. Swapan Kr. Patra, (6) Miss. Pallabi Patra, D/o. Swapan Kr. Patra, (7) (Miss) Shyamali Patra, D/o. Swapan Kr. Patra.
Sl. No. 4 to 7 All are residents of Vill: Dangarampur, PO: Bheduasole, District: Bankura (West Bengal).
-V E R S U S-
Opposite Party: The Proprietor, EXOTIC TOUR & TRAVELS, 22, Kabiguru Sarani, SAIL Co-operative, Near Kabiguru 2nd Bus Stoppage, City Centre, Durgapur- 713 216, PS: Durgapur, District: Burdwan (West Bengal).
Present: Hon’ble President: Sri Asoke Kumar Mandal.
Hon’ble Member: Smt. Silpi Majumder.
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant: Ld. Advocate, Susanta Kumar Nandy.
Appeared for the Opposite Party: Ld. Advocate, Rapti Sinha.
J U D G E M E N T
This complaint is filed by the complainants u/S. 12 (c) of the C.P. Act, 1986 alleging deficiency in service and unfair trade practice against the Op.
The complainants are members of families combined together having same interest and address within the jurisdiction of this ld. Forum. Complainants hired the service of the OP, being allured by their colourful advertisement for conducting Andaman tour programme (for six nights seven days), fixed starting date of said tour programme from 8th December 2014 starting from Dumdum Airport on the basis of fixed rate of Rs. 32,000=00 per head and for seven heads is Rs. 2,24,000=00. In compliance of the above, the complainants being combined as one unit paid Rs. 2, 18,000=00 on different dates in different amounts. Thereafter on 01.12.2014 the OP delivered seven air tickets to the complainants to travel from Dumdum Airport to Andaman. Then accordingly all the complainants reached to Dumdum Airport at 20.45 Hrs. on 07.12.2014 and waited till morning and reached to the gate at 3.40 Hrs on 08.12.2014 for checking/boarding. Then the complainants were not allowed further since the entire seven Air tickets were invalid in description in all respect in comparison with original/valid/genuine Air Tickets. With great surprise and with mental shock and agony the complainants were compelled to return back to Durgapur and on the same day on 08.12.2015 in the evening the complainants rushed to the office of the OP. Then in reply the OP agreed that those Air tickets were not valid and assured strongly that fresh valid Air tickets with fresh date of journey will be delivered to the complainants as early as possible. After a few days the complainants again demanded refund of money of Rs. 2, 18,000=00. The OP repeatedly assured the complainants that the OP will refund the money or arrange fresh journey. But assurances of the OP all are fruitless. Lastly on 04.02.2015 the complainants again submitted written request through registered post for refund of money. Thereafter the OP did nothing and passed days after days. On 13.02.2015 finding no other alternative the complainants submitted letter to the Assistant Director, CA, & FBP, Durgapur R.O. for adjudication being a part of the Consumer Affairs Department, Government of West Bengal. The Assistant Director, CA & FBP, Durgapur R.O. tried to settle the dispute amicably but all in vain. Then the complainants were compelled to file their case before this Ld. Forum for refund of money paid in advance i.e. Rs. 2, 18,000=00 and other reliefs. Hence, the case arose.
The OP contested the case by filing written version. The OP has admitted about the colourful advertisement through leaflets, hand bills and also through website but the statement, Andaman Tour Programme for 6 nights & 7 days @Rs. 32,000 per head X 7 heads = Rs. 2, 24,000=00 is denied by the OP. The OP have never offered the tour programme for Andaman for 6 nights & 7 days @Rs. 32,000=00, on the contrary, the tour package was @Rs. 42,000=00 per head and thus totaling to an amount of Rs. 42,000 X 7 heads = Rs. 2, 94,000=00 being the fixed rate @Rs. 42,000=00 per head instead of Rs. 32,000=00 per head. The tour schedule does not state the starting point of the tour from Dumdum Airport to arrival at Port Blair. On Day 1, it was stated tour programme arrival at Port Blair, transfer to hotel after fresh upon evening the tour will start for Carbyns Cove Beach, Cellular Jain afterwards proceed to Marina Beach named as Rajiv Gandhi Park and then back to respective hotels. But at day 7 there was airport drop from Andaman to Dumdum i.e. the OP bears no liability on 08.12.2014 i.e. on the first day of the package but at Dumdum Airport which is also not within the liability of the OP. The complainants never hired the service of the OP or made any agreement thereto for conducting Andaman Tour Programme from 08.12.2014 starting from Dumdum Airport on the basis of fixed rate of Rs. 32,000=00 per head X 7 heads = Rs. 2,24,000=00, on the contrary, complainant no. 1 only enquired about the tour package of Andaman (6 nights & 7 days) for 7 heads on which the OP informed that the package cost is Rs. 42,000=00 per head and thus Rs. 2,94,000=00 for 7 heads but giving information about the package does not amount to hiring of services. The OP also stated that the complainants paid only Rs. 1,45,000=00 for Andaman tour package with the OP as advance deposited in four installments out of Rs. 2,94,000=00 i.e. only 50% of the package cost. The remaining amount was to be paid for full and final on 04.12.2014. The complainants fixed their convenient date of journey and informed the OP the date of their journey as 08.12.2014 but on 04.12.2014 the complainant no. 1 came to the office of the OP and suddenly informed the OP that they want to cancel their package. As per the rules of the company no refund is made if cancellation of any package is made within the 7 days of the date of journey. The OP also wants to state that she never assured strongly the valid air tickets with fresh date of journey will be delivered to the complainants and the complainants never had any agreement for the service by the OP as the payments were not made by the complainants as per the rules of the company for providing service and thereafter the tour programme was cancelled by the complainants themselves before four days of the journey for which the OP has not any liability towards the complainants. The OP also stated that the calculation of Rs. 1, 45,000=00 instead of Rs. 2, 18,000=00 were miscalculated for which the OP thought to rectify by an amendment petition on the next hearing date i.e. 06.4.2015 in the show cause made by the Assistant Director, CA & FBP and thus made a time petition for next hearing and also agreed to settle the matter amicably between the OP and the complainants before the Assistant Director, CA & FBP, Durgapur R.O.
Decision with reasons:-
Firstly, the complainants deposited Rs. 2, 18,000=00 in installments for which the OP gave the acknowledgement receipts. The last installment of Rs. 1, 13,000=00 being paid on 03.12.2014, just four days before the commencement of the tour. But in the written version the OP stated that the complainants paid only Rs. 1, 45,000=00 instead of Rs. 2, 18,000=00 which is completely false. In support of this, the complainants submitted a letter from the OP, addressed to the Assistant Director, CA & FBP, Burdwan which is also a Govt. wing of the Consumer Affairs Department, West Bengal where the OP has already admitted the money paid by the complainants as Rs. 2, 18,000=00, ie., more than 90% of the total package amount.
Secondly, the complainants stated the e-air tickets supplied by the OP meant for Dumdum Airport to Andaman Airport were false so they had not been allowed to board on the flight. And the cause of action arose from that point. The OP has denied the allegation of the fake e-air tickets on the ground that they have not at all supplied the tickets in support of which they have not adduced any evidence. Thus the denial by the OP cannot be accepted as the organizers of any tour programme conventionally fix the package including all fees, fares, boarding and lodging charges etc. Notwithstanding that thr OP assured the complainants of fresh valid air tickets for fresh journey.
Thirdly, the complainants stated that they have paid almost the entire sum of money Rs. 2,18,000=00 on the basis of Rs. 32,000=00 per head, where the total sum would have been Rs. 2,24,000=00 for seven heads. But the OP refused the fact by stating that the complainants should have paid Rs. 2,94,000=00 for seven heads instead of Rs. 2,24,000=00 on the basis of Rs. 42,000=00 per head, which according to the advertisement shown in their website. But the OP has not corroborated their contention by any document. So the refusal by the OP cannot be sustained.
The complainants have prayed for cancellation of the tour on the date of journey not at their own will, but by being forced to cancel the tour when they are compelled to return back from the Dumdum Airport being cheated by the OP supplying the fake e-air tickets, which may be termed as gross criminal offence. The complainants also prayed for refund of the entire sum of money, i.e., Rs. 2, 18,000=00 immediately. Thus showing only terms and conditions of cancellation and refund of money, the plea of OP cannot be sustained. Therefore, the complainants succeed in their case.
As the complainants have paid Rs. 2, 18,000=00 in advance for the tour programme which was subsequently cancelled due to cheating by supplying fake e-air tickets by the OP, the complainants are entitled to get back the money, i.e., Rs. 2, 18,000=00. Hence, it is
Since the complainants have suffered mentally and have been harassed by the attitude of the OP, the complainants are entitled to get compensation for mental agony.
Since the complainants have requested repeatedly to refund back Rs. 2, 18,000=00 which was paid in advance but failed to get back the money, the complainants were compelled to come before this Forum. So the complainants are entitled to get litigation cost.
O r d e r e d
that the complaint is allowed on contest with cost. That the complainants do get an award directing the OP to refund back Rs. 2, 18,000=00, paid in advance for the tour programme, along with interest @8% per annum from 03.12.2014 (the last date of payment of installment) within 45 days from the date of passing of this order), in default, the OP is liable to pay penal interest @10% per annum on Rs. 2, 18,000=00 till realization. The OP is further directed to pay Rs. 50,000=00 as compensation for mental agony and harassment and to pay Rs. 10,000=00 as litigation cost within 45 days from the date of passing of this order, failing which, the complainants are at liberty to put the entire decree in execution as per provisions of law for non-compliance of the order by the OP.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Pankaj Kumar Sinha)
Member
DCDRF, Burdwan
(Silpi Majumder) (Pankaj Kumar Sinha)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
