Complainant by filing this complaint has submitted thatshe is a senior citizen and intended to travel as per package tour programme of op no.1 and 2 under Title “American Panoroma and Canadian Classic” covering 18 nights 19 days encompassing 9 cities to Wit, San Fransisco, Log Angels, Lass Vagas, Chicago, Washington D.C., New York, Niagara Toronto and Monali i.e. to be conducted by the ops from 05.06.2010 to 24.06.2010 and for which the complainant had paid Rs. 1,60,000/-in accordance with the schedule programme valid money receipt No. 047 dated 16.04.2010, No. 161 dated 18.05.2010 and No. 248 dated 02.06.2010 to the ops.

          The specific case of the complainant is that she proceeded with the ops on 05.06.2010 as per said tour programme, but in the midway of the said tour i.e. on 12.06.2010 the op no.2 suddenly cancelled the rest tour programme without showing any reason whatsoever and she was in an awkward position at the midway of tour which she never faced in her life.  Her dreams were shattered and all expectations were destroyed while she was thrown in a foreign land and was into the midst of fearful situation and in such circumstances she had to incur exorbitant charges in the said foreign land due to cancellation of the programme by the op inspite of their best assurances earlier hassle fee and trouble less journey to be conducted by them.  It is stated by the complainant that after such troublesome journey and withdrawn/cancellation of such foreign trip in the midway of the travel as conducted by the ops and for its fault the complainant demanded from the op for refund of money and compensation for such deficiency in service as rendered by them.

          So, invariably after returning from abroad, she filed a written complaint against the ops before the Asstt. Director, Consumer Affairs and Fair Business Practices, Kolkata, Eastern Subarban Region, 2, Brabourne Road, Kolkata – 700001 against deficiency in service for such withdrawal and cancellation of foreign trip along with all essential documents but op failed and neglected to pay any amount to the complainant.

          In such a situation, for such negligence and careless manner from the side of ops, the complainant suffered from not only monetary loss but also undergoing of mental agony for which she filed this case before the Ld. Forum to get justice.

          On the other hand, the ops neither appeared nor filed any written version inspite of notices published in the AjkalPatrika dated 17.09.2014.  Hence, this case is heard ex-parte.

Decision with reasons

          On proper evaluation of the complaint and documents unchallenged testimony of complainant including its evidence that the complainant booked the tour as conducted by the op on payment of Rs. 1,60,000/- vide receipts dated as mentioned below for schedule tour programme from 05.06.2010 to 24.06.2010.

          Receipts No(s).                                         Date                            Amount (Rs.)

                 047                                           16.04.2010                            40,000/-

                 161                                            18.05.2010                           50,000/-

                 248                                            02.06.2010                           70,000/-

Total Rupees One Lakh and Sixty Thousand only                                 1,60,000/-

As per complaint, complainant being motivated when op nos. 1 & 2 floated a package tour programme under the title “American Panoroma and Canadian Classic” covering 18 nights and 19 days encompassing 9 cities as stated in the package, intended to undertake the journey being conducted by the ops in the foreign countries from 05.06.2010 to 24.06.2010 and deposited the amount of Rs. 1,60,000/- to the ops.

          Fact remains though the complainant made all necessary arrangements for the proposed tour starting from 05.06.2010 by the ops but in the midway of the said tour programme i.e. on 12.06.2010 op no.2 suddenly cancelled the rest tour programme without showing any reason causing disappointment and placing the tourists in a critical situation in foreign land and in such a situation for cancellation of the tour programme by the ops.  Under the compelling circumstances, she was bound to incur exorbitant charges in the said foreign land due to cancellation of the programme by the ops who did not able to show any reasonable ground for such cancellation of the said tour programme in the midway of the journey on 12.06.2010.

          Being aggrieved, the complainant called on ops and demanded for refund of money along with compensation from them for such their deficient manner of service rendered by the ops.  Truth is that on 26.06.2010 the ops admittedly assured to refund the money but ultimately they did not pay any heed to compensate and also failed and neglected to give such relief to her.

          Hearing the complainant and as perusal of all the documents as produced and on careful consideration of the materials and the evidence led by the complainant we are convinced to hold that there is no reason to disbelieve the unchallenged testimony supported by the documentary evidence of the complainant and it is also proved that due to negligent act done by the ops for such an untoward incident occurred, when the tourist being a senior citizen keeping trust upon them and then their passengers of hussle free and troubleless tension free journey opted the said package but the ops abruptly failed and neglected to perform their obligation even after that in the midway of such tour as conducted by them who placed the tourists in a helpless condition in foreign countries which is serious lapse on their part though the ops took entire money in advance from the tourists in order to conduct the tour programme from 05.06.2010 to 24.06.2010 in the midway of the tour programme, it was cancelled and the ops also vide its letter dated 26.06.2010 though agreed to refund the money but not yet have paid or refunded.

          Particularly it is proved that the ops admitted their fault for such cancellation of programme on 13.06.2010 and services provided till Las Vegas to the tourists and thereafter the group of tourists were left unattended as stated from the side of the ops.  Moreover, inspite of assurances to pay back the money it is not all refunded to the tourists/complainant.  Under this circumstances, the dreams of the complainant were shattered.  So it is proved that ops as tour operator are in a habit of collecting huge money from the innocent consumers in the name attractive tour package with assurance of best services but ultimately do not perform their obligation with only intention to grab money any way from the customers which tantamounts unfair trade practice on their part.  So, the ops are liable to refund the money as paid to them for the tour by the complainant and also to pay other relief as claimed when the entire allegations as brought against the ops is well proved by reliable and cogent documents as issued by the ops.

          In the result, the case succeeds.

          Hence, it is

ORDERED

          That the complainant be and the same is allowed exparte against the ops with litigation cost of Rs. 10,000/-.

          The ops are directed to refund and pay Rs. 1,60,000/- to the complainant along with compensation of Rs. 25,000/- payable to the complainant.

          Ops are also imposed punitive damages of Rs. 25,000/- for adopting such unfair trade practice and for adopting deceitful manner of trade of tour and travelling and said amount shall be deposited to the Forum.

          Ops are directed to comply this order within one month from the date of this order failing which penal interest  at the rate Rs. 200/- per day shall be assessed till full satisfaction of the decree and if the said amount is collected, the same shall be deposited to this Forum on proper receipt.  Even if the ops neglect to comply, penal action/proceeding shall be initiated u/s 27 of C.P. Act, 1986.

          Complainant to send this copy of this judgement to the ops at once for compliance.