Complainants by filing this complaint has submitted that they are 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 complainants had paid Rs. 1,67,500/- each to the ops in accordance with the schedule programme.
The specific case of the complainants is that they 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 they were in an awkward position at the midway of tour which they never faced in their lives. their dreams were shattered and all expectations were destroyed while they were thrown in a foreign land and were into the midst of fearful situation and in such circumstances they 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 It is stated by the complainants that after such troublesome journey and withdrawn/cancellation of such foreign trip in the midway of the travel as conducted by the ops and for its fault the complainants demanded from the op for refund of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, they 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 complainants.
In such a situation, for such negligence and careless manner from the side of ops, the complainants suffered from not only monetary loss but also undergoing of mental agony for which they 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 Ajkal Patrika 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 complainants including its evidence that the complainants booked the tour as conducted by the op on payment of Rs. 1,67,500/- each vide receipts dated as mentioned below for schedule tour programme from 05.06.2010 to 24.06.2010.
Receipts No(s). Date Amount (Rs.)
075 23.04.2010 81,000/-
157 17.05.2010 1,00,000/-
244 02.06.2010 35,000/-
245 02.06.2010 1,19,000/-
Total Rupees Three Lakh and Thirty-five Thousand only 3,35,000/-
As per complaint, complainants 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. 1,67,500/- each to the ops.
Fact remains though the complainants 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, they were 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 complainants 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 them.
Hearing the complainants and as perusal of all the documents as produced and on careful consideration of the materials and the evidence led by the complainants, we are convinced to hold that there is no reason to disbelieve the unchallenged testimony supported by the documentary evidence of the complainants 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/complainants. Under this circumstances, the dreams of the complainants 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 complainants 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 complaint 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. 3,35,000/- to the complainants along with compensation of Rs. 25,000/- payable to the complainants.
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.
Complainants to send this copy of this judgement to the ops at once for compliance.
