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

          Complainant by filing this complaint has submitted that he contacted the OP/Ghose Special for the package tour to Andaman from 11-10-2013, but due to non-availability of shipping service from Kolkata to Port Blair on 10-10-2013 the OP proposed for a tour i.e., Chennai, Kanyakumari, Kerala to the complainant which he agreed and paid Rs.13,400/- per person for adult and Rs.10,364/- for his child i.e. total amounting to Rs.37.163/- to the OP as per their demand for the rescheduled tour to be commenced on 11-10-2013 for 12(twelve) days by the OP.  It is also stated by the complainant that the OP also charged Rs.2,250/- for sightseeing and Rs.1,146/- as Government Service Tax was paid by the complainant by cash against money receipt No.167 dated 25-09-2013.

          The specific case of the complainant is that during the beginning of the tour/journey via Howrah-Chennai Mail neither food nor drinking water was supplied by the OP, in spite of their commitment of such service to be provided by them.  Fact remains, the complainant along with his family were compelled to visit Kanyakumari, Kerala backwater and Kavalam Beach in a single day along with other tourist which were severe physical and mental torture, though the OP assured for one day stay in a Hotel Kanyakumari prior to the tour and for such visit to the beautiful place within just 2(two) hours without say at Hotel due to non-booking of any Hotel by the OP which was a horrible memory in their tour programme as badly arranged by the OP, but which it was protested to the owner of the travel Agency, Sri Manik Ghosh, he did not pay any heed in the matter and also refused to speak with the complainant/petitioner.  Invariably, the whole tour journey was no more a joyous experience but a nightmare in its true sense, since the conditions of the Hotel throughout the tour except at Kumili (Pariyar) were of very much inferior standard and of poor quality of food were also substandard and ultimately on 21-10-2013 at the end of the horrible tour the tour Manager, Sri Ashis Biswas fled away from Chennai Central Station without any information to any of the tourists and during the return journey by train, the complainant and his family members had to arrange food, water etc., on their own throughout the journey during the tour via Coromondal Express and after returning to Kolkata on 23-10-2013, the complainant made contact with the proprietor, Sri Manik Ghosh of the OP and narrated the details of the horrible journey wherein Sri Ghosh, the owner offered to refund of Rs.2,000/- only to each tourist as compensation.

          So, being aggrieved the complainant made a written complaint dated 24-10-2013 to the Hon’ble MIC, Department of Consumer Affairs Department, Govt. of West Bengal for deceiving them, stating all facts in this regard and also submitted that same complaint to the Burrabazar Police Station and the whole incident was published in the leading newspaper dated on 26-10-2013.

          Since, the Consumer Affairs Department, Government of West Bengal who tried to resolve the disputes through the process of mediation with the OP/Ghose Special failed, hence, this case.

          In its written version, the OP/Ghose Special stated none of the tourists were dissatisfied with the tour except the complainant and his family.  So, the allegations as made by them are completely false and concocted and it is also made by the complainant only for the purpose of ulterior gain and for which the complainant absolutely failed to produce any documentary evidence before this Ld. Forum in support of its contention and, as such, the mere statement as made out by the complainant cannot be availed piece of evidence for adjudication under the law for which the complaint case is liable to be dismissed in limini with exemplary cost.

Decision with Reasons

On proper evaluation of the materials on record, it is found that the complainant booked for the tour along with his wife and son conducted by the OP/Ghose Special on payment of Rs.37,163/- vide receipt no.2436 dated 11-10-2013 and receipt No.884 dated 25-09-2013 respectively to the OP for the total package of the tour programme in Chennai, Kanyakumari and Kerala from 11-10-2013 to 22-10-2013.

          It is the case of the complainant that in spite of their commitment to render proper services, i.e. food, Hotel accommodation, sightseeing etc., the OP/Ghose Special did not render appropriate standard services to the tourists during the tour which commenced from 11-10-2013 for 12 days.  It is alleged that during the tour the quality of food as supplied by them were very much substandard/poor and very much inferior quality, the condition of the Hotels as arranged by them also was very poor/standard except at Kumili(Periyar).  Under the constraint situation, the complainant along with his wife and son who is a physically handicapped also were mentally shocked and some of the other tourists became ill since the tour was converted to just a nightmare.  It is also alleged that though the OP assured to arrange Hotel accommodation in Kanyakumari to stay one day for the tourists but same was not provided so they were compelled to visit the dream place within two hours and thus tourists were totally helpless since the owner/OP refused to talk with them.  Fact remains at the end of journey of the tour i.e. on 21-10-2013, the Tour Manager Sri Asis Biswas departed suddenly from Chennai Central Railway Station without informing the tourists and as such during the whole train journey by Coromondal Express, they had to incur expenses for food etc. on their own and reached Kolkata with bad experience about the whole tour programme and in fact there is material to believe the above fact because OP agreed to pay Rs.2,000/- only to each tourist before the CA&FBP authority.

          The main contention of the complainant is that, instead of enjoying the “Dream Tour” it became a nightmare for which the OP/Ghose Special is solely responsible which is deficiency on their part and also is an unfair trade practice and thus liable to pay compensation.

          We have heard the complainant, perused the documents, of the records and heard both the sides.  It is an admitted fact that the complainant along with his wife and son availed of the 12 days tour in Chennai, Kanyakumari and Kerala as conducted by the OP from 11-10-2013.  Regarding the tour programme, there are so many allegations as made out by the complainant against the OP/Ghose Special which cannot be turned down only on the ground that before CA&FBP, OP agreed to pay some compensation.

          It is fact that at the end of tour, a complaint was raised before the Consumer Affairs Department, Government of West Bengal against the OP/Tour conductor who agreed and committed to pay/refund Rs.2,000/- per head/Tourists for such deficiency in an amicable settlement of the instant dispute before CA&FBP but the OP failed to refund the amount to comply settlement the dispute.  So, it can be taken as admitted non-providing of service and there is a deficiency on the part of the OP who failed to comply even after settlement by CA&FBP and in spite of assurance the services to be given from their end during the tour and to take proper care to the tourists OP failed to render services even after receipt of entire money from them.  So, invariably, we are of the view that OP/Ghose Special had not been able to make all necessary arrangements and rendered proper services on behalf of them which caused deficiency on their part and also unfair trade practice which is proved and OP/Ghose Special is liable to pay compensation and also to pay other relief as claimed.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest against the OP/Ghose Special with a litigation cost of Rs.3,000/- only.

          The OP/Ghose Special is directed to pay a compensation of Rs.5,000/- per head (i.e. total amount of Rs.15,000/- for three persons) to the complainant and also litigation cost till its realization.

          The OP/Ghose Special is directed to comply the order within one month from the date of this judgment failing which per day penal interest  at the rateRs.100/- shall be assessed till full satisfaction of the decree and if said amount of punitive and penal damages are collected, the same shall be deposited to this Forum on proper receipt. 

          Even if, the OP neglects to comply penal action/proceeding shall be initiated u/s.27 of the C.P. Act, 1986.