Order-10.
Date-25/08/2015.
ComplainantsSamar Kumar Bhattacharyya& Smt. Kaberi Bhattacharyya by filing this complaint has submitted that complainants are retired persons and senior citizen intended to travel some places and at that time being allured of travel itinerary for Kashmir published by the op in Bengali daily newspaper named .Anandabazar Patrika. complainant approached the op on 12.06.2014 for tour at Kashmir, Vaishna Devi, Amritsar for 14 days tour on 10.10.2014.
On the very first day i.e. on 12.06.2014 complainants booked for the Kashmir tour for two passengers and deposited a sum of Rs. 5,000/- per head X 2 i.e. Rs. 10,000/- to the op out of total cost of tour Rs. 14,500/- + Rs. 750/- X 2 heads + service tax + 3AC Train fair extra and op undertook to provide one double bed room in each journey to the complainants.
Subsequently complainants paid Rs. 21,400/- to the op as balance tour cost against proper money receipt dated 20.06.2014 and accordingly complainants paid Rs. 31,400/- in total to the op. But due to devastating flood and natural calamity in Kashmir the tour has been cancelled and in place of Kashmir tour complainants decided to visit Madhya Pradesh and its renowned tourist places namely Amarkantak, Mahakaleshwar Temple, Kotitirtha, Khazuraho, Jhansi, Gwalior, Bhopal etc. and the said tour has been described as Madha Bharat tour by the op which will be commenced on 26.10.2014 and considering that situation, complainants accepted the proposal of the op and they agreed to tour of such places for which op charged Rs. 20,000/- X 2 heads i.e. Rs. 40,000/- in total and after adjustment of Train ticket cancellation charges and charges of Govt. Taxes, op further claimed Rs. 13,336/- from the complainants and complainants paid the same on 21.10.2014 to the op and thus complainant paid the total amount of Rs. 31,400/- + Rs. 13,336/- i.e. total Rs. 44,766/- as tour cost to the op.
As per the tour programme of Madhya Bharat tour will be commenced on 26.10.2014 up to 14.11.2014 and op handed over one list of tour programme to the complainants and for that tour, further Rs. 1,600/- and Rs. 1,236/- were also taken from the complainants including amount of Rs. 44,766/- already paid by the complainants.
As per tour programme, op purchased train ticket for the journey from Howrah to Satna, Indore to Piparia and Bilaspur to Howrah and according to tour schedule complainants proceeded for tour on 26.10.2014 with the other tourists along with the tour Manager Mr. Dipak Babu. But after arrival at Chitrakut, the tour manager requested the complainants to provide Rs. 5,000/- as loan because op did not pay any amount for tour cost. Complainants communicated such fact to the op in reply to which op requested to pay the amount with the assurance to return the same on the next day. As the complainants are in tour having limited money for expenditure, complainants paid Rs. 3,000/- to Dipak Babu which has not been refunded as yet by the op to the complainants.
Practically op assured to provide better transport for the tourist party in the tourist places but unfortunately complainants were compelled to visit places of Chitrakut by auto rickshawand the said tour manager repeatedly expressed his helpless condition on the ground that op did not send any money for tour cost, journey, food, etc.
As per tour programme complainants were supposed to start from Khajuraho to Jhansi, Orcha and same day start Gwalior and stay at Gwalior Hotel but unfortunately op and the tour manager could not provide confirm tickets and insisted for journey by general class and ultimately they failed to board on any train as they could not purchase general class ticket in time due to heavy rush in ticket counter and complainants communicated their inconveniences to the op over phone and behaved very rudely and told that if the complainants failed to act as per instruction of their manager, complainants may leave the tour programme and ultimately tour manager Dipak Babu intimated that he would proceed towards Gwalior by next day morning by a train in general class leaving Jhansi and Orcha from the tour schedule and ultimately having no alternative, complainants being senior citizen compelled to obey instruction of the tour manager and stayed in hotel at Khazuraha.
On 31.10.2014 complainants boarded a train from Khazuraha in general compartment for Gwalior and due to heavy rush, complainant no.1 became sick at his old age when co-tourist Sri Asit Mondal and his wife gave all sort of nursing to the complainants but unfortunately the tour manager did not provide any sort of assistance in such situation and in fact their tour manager did not show any initiative for a tour, did not give any proper service, did not provide help etc. as per their requirement and as per contract and in fact with such doldrums they somehow or otherwise by spending their own money from their pocket completed the tour programme and subsequently complainants lodged a written complaint before the Padab Police Station, Gwalior on 02.11.2014 and cancelled their return ticket and purchased tatkal ticket for the journey Gwalior to Howrah on 04.11.2014 on payment of Rs. 3,700/- and complainants paid hotel accommodation charges of Rs. 2,000/- for 2 days.
After arrival at Kolkata, complainants lodged a complaint before the op on 12.11.2014 stating all the incidence and demanded refund of the tour cost of Rs. 37,770/- along with compensation of Rs. 3,00,000/- and ultimately complainants approached Consumer Affairs Department, Kolkata but in the said Department mediation failed because non-cooperation made on behalf of the op. No doubt op committed gross deficiency in service and by adopting unfair trade practice in their business and they did not provide adequate and minimum facilities and put the tourist party in extreme harassment and monetary loss and in this matter op no doubt has adopted unfair trade practice for which for refund of Rs. 37,770/- with interest.
Op is absent and did not file any written statement, though several time was given. Subsequently on the date of the hearing the argument, op.s representative is found present who is found always guilty in some other cases and he submitted that the necessary order may be passed in this regard and they shall have to comply because they are complying in some other cases which has been filed by other parties before this Forum.
Decision with reasons
On proper consideration of the complaint and written version and also considering the submission of the op.s agent who was present on that day of argument hearing, we find that the allegation as made by the complainants is not denied by the op. Practically Manik Ghosh, one of the proprietor of Ghose Special was appeared before this Forum in so many cases and has been paying money by installments and it is his habit notto fileany written statement, but we find that op takes a plea that he shall have to pay it by installment and such type of plea is not first time of Ghose Special that is of Manik Ghosh and other but so many cases have been filed and same are decreed and Manik Ghosh on behalf of Ghose Special is paying the decretal amount by installment and it is his habit.
Truth is that initially in all the cases this Manik Ghosh did not bother to pay and thereafter deputing the CID his actual whereabouts were searched out and ultimately his home at Chandannagar was attached and thereafter Manik Babu i.e. Manik Ghosh on behalf of Ghose Special realized that there is no other alternative but to pay the decretal amount and he has paid the decretal amount in 4 or 5 cases, no doubt it is another complaint.
So, on the date of argument, Manik Ghosh.s known agent appeared and submitted that they will fully comply the order but they submitted that the tour was completed, but some complications were started and no doubt complainants faced some problems for which they are willing to pay some amount of compensation. But we have gathered that complainants during tour programme even after payment of more than Rs. 50,000/- did not get any service and no service was provided by the op during the tour. But as per contract, it is the duty of travel agent to give all sorts of facilities as would be given. But we have gathered that the complainants were harassed and they spent huge extra money for their stay at hotel, for purchasing ticket etc. So, invariably such sort of negligence and deficient manner of service and for adopting such sort of unfair trade practice, op is liable to pay some compensation on the ground already complainants spent more than Rs. 25,000/- even after payment of Rs. 50,000/- to the op, that means complainants did not get any proper service even after payment of Rs. 50,000/- to the op and during tour programme, complainant and his wife were harassed and for which senior citizens have suffered mental pain and sufferings and also lost huge amount of money even after payment of Rs. 50,000/- and above to the op.
In the result, the complaint succeeds.
Hence, it is
ORDERED
That the complaint be and the same is allowed exparte against op with a cost of Rs. 10,000/-.
Op is hereby directed to pay a compensation of Rs. 25,000/- to the complainants for not rendering proper service as tour journey company to the customer the present complainants and also for not giving all the facilities during their tour and for further spending huge money by the ops from their own pocket to complete the said tour and said amount shall be paid by the op within one month from the date of this order, failing which for non-compliance of the Forum.s order, op shall have to pay penal damages at the rate of Rs.100/- per day till full satisfaction of the decree and if it is collected, it shall be deposited to the Forum.s Account.
Even if it is found that op is unwilling to comply the order, in that case, op shall be prosecuted u/s 25 read in Section 27 of C.P. Act 1986 for which further penalty and fine shall be imposed upon the op.
