This is an application u/s.12 of the C.P. Act, 1986.

          As per version of the complainants it is specific case of the complainants that they paid Rs.1,01,000/- to the OPs who also handed over a schedule of tour journey on 29-09-2012 and assured the facilities to be given to the complainants throughout the journey at Goa for 5 adults and 2 children for 7 days and 6 nights and the tour was likely to commence on 15-12-2012 to 21-12-2012 and from Mumbai from 22-12-2012 to 27-12-2012.  It is stated by the complainants that during the entire journey the OP did not provide any of the services/facilities like rented vehicle food etc. and also did not provide the hotel rooms as per their assurances though charge was taken from the complainants.  Moreover, the Manager of the OP namely Mr. Tejpal Singh arranged a hotel and placed the complainants in that hotel in Mumbai but did not pay the room charges.  As a matter of fact the complainants were not allowed by the Hotel Management to leave the rooms.  Thereafter, the complainants were compelled to lodge a General Diary with M.R.A. Marg Police Station, Mumbai and after intervention of the police personnel, the complainants were allowed to leave the Hotel by them.  And thus due to such heinous act on the part of the OP, the complainants lost their social prestige in front of other people of the hotel. It is also stated by them that due to intake of substandard food as provided by the OP, many of them became ill and also medical treatment was rendered for them. 

          Fact remains, soon after returning to Kolkata, the complainant no.1 visited the office of the OP with all documents and narrated the whole affairs of such painful journey, but the OP did not lend ears.  So, the complainant No.1 wrote a letter dated 20-01-2013 asking the OP to refund the money since they failed to keep their assurances as laid down in their journey schedule. But the OP did not respond for a single time, and finding no other alternative the complainants approached the Ld. Forum for redressal of their case.

          Fact remains that summons were sent by registered post with A/D by speed post upon the OP and same were duly served what is evident from postal internet track report but even then OP did not turn up to contest and as such the present complaint is heard ex parte.

Decision with Reasons

In fact, in this case relying upon the fact as disclosed in the complaint and unchallenged, testimony of the complainants and documents and also considering the argument as advanced by the Ld. Lawyer of the complaint and also in support of the receipt/document of Rs.1,01,000/-, it is evident that the complainant paid the above sum for the journey/tour as arranged by the OP.

          On proper evaluation of the argument in this regard, we have gathered that it is true that the complainants undertook the journey with the OP/Gitanjali Internal Tours and Travels to visit Goa and Mumbai and the complainants alleged that during the tour programme which commenced from 15-12-2012, the OP did not provide the hotel rooms as per their assurances of the tariff of room which they have charged from them and also not provide any services/facilities such as rented vehicle hygienic food etc.  The main contention of the complainants is that Mr. Tejpal Singh, Manager of the OP who left without informing them and did not even clear the room charges of the hotel in Mumbai where the complainants were staying as per arrangements of OP who placed them in the hotel while conducting the tour programme in Mumbai i.e. from 22-12-2012.  Ultimately, after the intervention of local police the complainants were allowed to leave the rooms by the hotel staff and thus lost their social prestige in front of other people/visitors of the hotel.  After returning to Kolkata, the complainant No.1 visited the office of the OP with all documents and narrated the whole affairs before the OP who did not pay much attention so the complainant No.1 sent a written complaint on 20-01-2013 and asked the OP to refund the money since they failed to keep their assurances as laid down in the journey schedule.  But the OP neither the matter investigated nor replied.  It is a fact that the complainants have not been able to file any documentary evidence in support of their grievance about such painful journey but referred a letter dated 27-12-2012 wherein they lodged a complaint before the local P.S., Mumbai and by whose intervention they had been able to check out from the Hotel in Mumbai.  So, this matter cannot be taken as simple incident while the Manager of the OP/Gitanjali Travel and Tours Co. left without informing them and also not paying/clearing payment in spite of taking money from them in advance before the journey and thus committed a gross misconduct/unfair trade practice on the part of the OP.  Fact also remains that after release from the hotel in Mumbai i.e. almost at the end of the tour, the complainant came to Kolkata being mentally puzzled and had taken up the matter with the OP/Gitanjali Tour and Travels, but they neither investigated nor paid any heed to send any reply of the letter which was sent by the complainant no.1 on 20-01-2013 to the OP.

          Considered the entire materials of the record as submitted by the complainants and also particularly non-submission of any document to prove that they were provided a lower grade facilities Hotel during their stay of the tour programme and pathetic condition of the tourists/complainants who had to check out from the Hotel with the help of police due to barbaric attitude of its Manager of the OP who did not clear the room rent of the hotel where they were placed the tourists/complainants and also left the place without informing them, we have failed to understand why the Manager from the side of OP left them without paying the dues of the hotel wherein they placed the tourists who paid good money being satisfied of the tour programme and when that is the fact then there is no other alternative but to rely upon the allegation of the complainants when same were not denied by appearing at the Forum on the part of the OP, because it is the settled principle of law that it is the duty of the Travel Agency and to act as per contract of package tour by and between the parties and there is no ground to say anything when the OP did not appear and did not reply against their grievance that means the OP has no scope to deny after receiving the complaint for which they are silent so the conduct of OP easily prove that complainants did not get proper relief as tourists from the OP and OP did not render proper service to them about Hotel arrangements and other matter etc. and for which the complaint, as filed by the complainants bear merit in the eye of laws and their case is proved to some extent only on the ground that the OP has not appear and denied certain parts of the allegation.

          Considering the above materials on records as submitted by the complainants, we are of the view that the OP/Gitanjali International Tours and Travels who conducted the tour, it is proved that tour was not at all hassle free tour as OPs failed to render proper service as per satisfaction of the tourists/complainants and complainants had not been able to complete the tour programme and the complainants  came back on their own and submitted their dissatisfaction, also contacted the OP and submitted the complaint vide their letter dated 20-01-2013, but the OP did not attend the complaint which is unfair trade on their part.

          In our view, this practice by the OP is not only a case of misrepresentation through misleading advertisement of tour programme to deceive the consumer but also unfair trade practice in the eyes of law.

          Therefore, we direct the OP to cease and desist from such practice in future.  Since, they had their responsibilities to conduct hassle free tour of the tourists whom they had taken and conducted the tour programme by taking tour money from them.  In lieu of payment, the OP is bound to render their services, but there was laches to render actual services to the touristrs during the journey but conducted such a painful tour programme;.  A tour Manager should have keep strict vigil on the travellers in their genuine need and discomforts.  The OP might not flee by showing neglected attitude on the part of the company and for which the tour became painful instead of enjoyable programme in spite of best assurances of service to be given by them.

          In the above state of affairs, we are inclined to hold that there was deficiency and unfair trade practice on the part of the OP/Gitanjali International Tours and Travels as enshrined u/s.2(1)(g) and (r) of the C.P. Act, 1986 for causing hardship, mental anxiety and discomfort of the complainants and, as such the OP/ Gitanjali International Tours and Travels is liable to pay by way of compensation at least Rs.25,000/- along with litigation cost of Rs.2,000/-.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed ex parte against the OP with a litigation cost of Rs.2,000/-(Rupees Two thousand only).

          The OP is directed to pay compensation of Rs.25,000/- (Rupees Twenty Five thousand only) to the complainants for such negligent act during the tour programme as rendered by the OP.

          The OP shall have to comply the above order very strictly within 30(thirty) days failing which for each days delay and disobedience of Forum’s order OP shall have to pay punitive damages @Rs.100/- per day till full satisfaction of the decree and, if any, reluctant attitude of the OP is found for complying the Forum’s order in that case penal proceedings u/s.27 of the C.P. Act, 1986 shall be initiated against the OP.  But punitive damages shall be paid to this Forum.