Order No.                 .

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

          Complainant by filing this complaint has submitted that he made a contact with OP Ghose Special for 14 days tour at Kashmir, Vaisnavidevi, and Amritsar.  As per contract complainant deposited Rs.10,000/- as advance as per claim of the Ghose Special (OP) vide Bill No.21043 dated 19-11-2012 and complainants subscribed for himself and his two family  members and totally paid Rs.24,300/- whereas the date of starting was 21-04-2012 and complainant further paid a sum of Rs.4,000/- on 14-02-2012 under receipt No.744 dated 14-02-2012 issued by the OP and finally OP issued final bill No.608 dated 10-04-2012 acknowledging the payment of Rs.24,300/- and passenger itineraries and railway reservation ticket were received. 

          OPs, after full payment as made by the complainant assured that the service and tour shall be luxurious with quality and sightseeing would be very beautiful and well known and a list of sightseeing also supplied for which complainant was allured and enjoyed the said tour.

          But during tour complainant found that from the list of sightseeing programme Amritsar was completely deleted and standard of services was not also good but fact remains Amritsar is a place of historical as well as religious interest and it was the long cherished desire of the complainant of seeing Amritsar and related area but OP cancelled the sightseeing programme without any reason for which the complainant suffered tremendous mental pain and practically OP deceived the complainant though received the entire amount of Rs.24,300/- and when the above instant took place on return of the tour on 04-05-2012, complainant asked for compensation for not arranging the sightseeing of Amritsar but OP avoided it and in the above circumstances for negligence and deficient manner of service and for adopting unfair trade practice, complainant lodged a complaint to Assistant Director, CA&FBP along with all copies of said Assistant Director who tried to mediate the matter but non-appearance of the OP that was not settled and ultimately complainant finding no other alternative appeared before this Forum for redressal.

          Fact remains the notice was served upon the OP.  OP proprietor Manick Ghosh on behalf of the OP appeared by filing vakalatnama and also filing a written version stated that entire allegations are false and there is no such document to prove the allegations of the complainant against OP.

          But it is specifically mentioned by the OP that the car arrived at late night on the next date due to unavoidable circumstances and the complainant is personally responsible for not availing of Amritsar tour and complainant suppressed his own fault because he already purchased flight ticket for the next date but the OP requested to see the Amritsar as OP’s car arrived at late night due to trouble in course of journey which is beyond the control of the OP1 and further submitted that the complainant for his fault did not enjoy the said Amritsar tour so the prayer for compensation is baseless and without foundation and they prayed for dismissal.

Decision with Reasons

Fact remains after considering the written version of the OP and also the allegation of the complainant and also relying upon the receipt as produced by the complainant it is proved that complainant availed of the entire tour on payment of Rs.24,300/- on 10-04-2012 finally.  It is also admitted by the OP in the said tour programme sightseeing of Amritsar was part of the said entire tour and no doubt the tour commenced on 21-04-2012 and was completed on 04-05-2012 but OP has tried to convince that complainant during the tour programme already purchased flight ticket for their return journey i.e. on the next date of fixed date of sightseeing of Amritsar but the car arrived at last end at late night due to unavoidable circumstances but complainant was asked to avail of the same and, thereafter, they left the place for availing of the flight ticket.  Though OP requested him to see the sightseeing of Amritsar as their car already arrived at night but complainant did not accept such proposal and left the place for availing of the said flight for which the complainant purchased the flight ticket but such situation was beyond the control of the OP1 and for which OP has stated that they have their own fault.  Anyhow, in this case it is undisputed fact against receipt No.258 dated 10-04-2012 that tour commenced on 21-04-2012 and sightseeing were Kashmir, Vaishnavidevi and Amritsar and admitted fact complainant did not get any chance to enjoy the said sightseeing of Amritsar and it is admitted by the OP.  The reason as shown by the OPs is due to arrival of the car at late night and complainant was asked to enjoy the said tour on the next date but complainant did not avail of such journey on the ground, on that date complainant already purchased flight ticket for their return journey but OP has submitted that it was not their fault, due to unavailable circumstances the car arrived at late night.  Now, the question is whether there is any negligence or deficiency on the part of the OP for not giving the chance of the Amritsar to the complainant and in this regard we have considered the defence of the OP but we have failed to understand why the car was not brought at fixed hour because their tour had already been fixed and the tourist always take leave as per tour programme and if any change of tour programme is made by the authority i.e. the tourist agency and for that reason further day may not be provided by the tourist and in the present case it is proved OP failed to bring the car in time and for which it was not possible for the complainant to avail of Amritsar journey on the next date because on that date their flight ticket had already been purchased and fixed for their return journey and in such a situation OP cannot accuse the tourist when fault was on the part of the OP not to arrange the tour on Amritsar sightseeing at the particular date as tour fixed at the time of journey and no doubt OP has admitted that they could not bring the car in time for which date of sightseeing deferred.  But on the deferred date complainant’s journey was fixed for by flight and already he had received his air ticket for which he had failed to enjoy the said tour and that is the fault on the part of the OP and OPs are bound to give some compensation because OP was negligent on the ground it is the duty of the tourist travelling agency to show the sightseeing on the particular date except in case of natural calamities and placing of car on at late night by the OP, is not natural calamities.  Car is always available and when the date was not changed due to natural calamities, then it is the fault on the part of the OP and for which OP himself has to pay compensation for not availing the sightseeing of Amritsar tour and for which complainant failed to enjoy the total historical place of Amritsar for the laches on the part of the OP.

          Now, the question is what would be the total compensation to be awarded in favour of the complainant.  In this regard we have gathered that complainant paid Rs.24,300/- for three members that means Rs.8,100/- per head(family consists of three members) and journey was at three place i.e. Kashmir, Vaishnavidevi and Amritsar but Amritsar programme could not be enjoyed by the complainant on the ground OP failed to provide the car on that date for which the said amount Rs.24,300/- is divided by three (Kashmir, Vaishnavidevi and Amritsar) then per trip at per place was Rs.8,100/- and when out of three, Amritsar could not be enjoyed by the complainant in that case complainant is entitled to get back Rs.8,100/- from the OP for not providing car for enjoying Amritsar on the fixed date and when the fault of the complainant is not at all proved.

          No doubt OP ought to have considered the prayer of the complainant for refund of certain amount but that has been refused and no doubt that is unfair trade practice on the part of the OP and fact remains the present OP Company is cheating the consumers(tourists) in different ways and it has become their business and to control unfair trade practice as adopted by OP they should be dealt with by this Forum.

          No doubt OP had their moral duty to redress the grievance of the consumer (tourist) but it is proved that for non-attending the complainant, he was compelled to appear before this Forum and fact remains complainant is entitled to get relief against unethical conduct of the travelling agency of the OP.

          Thus the complaint succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest with a cost of Rs.5,000/-(Rupees Five thousand only) against the OPs. 

OP is hereby directed to refund a sum of Rs.8,100/-(Rupees Eight thousand one hundred only) to the complainant and also a compensation for causing harassment to the complainant to the extent of Rs.5,000/- (Rupees Five thousand only) within 15(fifteen) days from the date of this order along with cost as awarded to the extent of Rs.5,000/-(Rupees five thousand only) so, OP shall have to pay jointly and severally a sum of Rs.18,100/- (Rupees Eighteen thousand one hundred only) positively within the stipulated time.

For adopting unfair trade practice and deceiving the tourist by the OP in such a manner and to control the unfair trade practice of the OPs they are imposed a punitive damages of Rs.10,000/- (Rupees Ten thousand only) which shall be paid by the OP to the Forum within 15(fifteen) days from the date of this order.  OPs are directed to comply the order and clear the decretal dues as per spirit of this judgment of order within 15 (fifteen) days from the date of this order failing which non-compliance of order and each day’s delay OP shall have to pay penal interest of Rs.100/- (Rupees one hundred) per day till full satisfaction of the decree and the accumulated amount shall be deposited to this Forum by the OP.

Even if, it is found that OPs are reluctant to comply this order in that case penal proceeding shall be started against them and even after penalty shall be imposed as per provision of Section 27 of the C.P. Act.

Dictated & Corrected

      by me