Order-18.
Date-29/07/2015.
Complainants case in brief is that ops are the agent and the service providers and they gave an advertisement in Anandabazar Patrika dated 17.08.2014 conducting a tour programme and as per advertisement, complainants met with Mrs. Gopa Banerjee the Proprietor of Tour & Travel and Caterer and her husband Dilip Banerjee at the office at Kolkata for a tour to Kashmir just after Puja in October,2014 for the purpose of tour on demand of the op, complainant no.1 Dilip Banerjeepaid a sum of Rs. 3,000/- in cash on 01.09.2014 as advance for the above trip for self and his wife Mrs. Rita Basu and obtained receipt from the op and complainant no.2 for self and his family members jointly paid a sum of Rs. 56,000/- against receipt.
But due to serious flood in Kashmir in the month of September, 2014 all the tours in that place were cancelled and the demand of refund of advance of the complainants was made when both the ops proposed to take the complainants to Jammu, Karta, Vishno-Devi, Himachal Pradesh and Amritshar, instead of Kashmir on the same sdcheduled date and given the complainants details of intineraries and total charges as per advertisement and their leaflet were Rs. 13,000/- per person including sleeper train fare.So, complainant no.1 and his family did not go by train, the fare at the rate of Rs. 750/- per person per side was deducted from the gross amount and accordingly the complainant no.1 paid a sum of Rs. 23,000/- in all and collected receipt from the op.
That on the alternative tour programme instead of Kashmir, complainant no.1 and his family reached Jammu via Delhi by Air on 13.10.2014 on his own expenses as per schedule and the other members of the group also reached Jammu on 13.10.2014 by train via Tatanagar and the train was scheduled to be reached at Jammu by 14:00 hours on 13.10.2014, but it was late.So, the complainant no.1 on reaching Jammu Airport rushed to Jammu Railway Station as he had to report to the group for departure to Katra.But even after 20:00 hours in the evening when the train did not reach Jammu, complainant no.1 contacted the proprietor and asked what to do.Then ops assured in Kolkata while taking advance from the complainants that cook and manager of the team shall reach at Jammu one day in advance but nobody was found there and asked the complainant to find out a hotel in the nearby area and stayed for the night and confirmed that the other members would also be sent to that Hotel on their arrival.Around 10:00 hours in the night complainant nos. 2 & 3 and their family members arrived in the Hotel along with the Tour Manager and cook.But no cooking was done on that day and all of them were asked to take vegetarian food from the Hotel.
Further complainants stated that on the next date i.e. on 14.10.2014 after having purchased breakfast, the manager Sri T.P. Mukherjee arranged to serve the complainants that breakfast and advised all of them to start for Katra and at about 10:00 a.m. the complainants, tour manager and cook started for Katra and reached around 12:00 noon at Katra Bus stand and asked the complainants and their family members to stand on the road along with their bag and baggages and the manager went for searching accommodation for the complainants as nothing was pre-booked and taken them at Hotel Vindavan Dham in the market area after half an hour.Thereafter complainants stayed there on 14.10.2014 and vegetarian lunch was prepared by the cook at 4 p.m. and also in the night by vegetarian dinner.
On the next day on 15.10.2014 the tour manager purchased morning tea from the nearby teashop as no stove or kerosene was available with them and after tea, the complainants and their family members started for Vaishno-Devi except tour manager and cook who remained at Hotel for preparation of food and for arranging for next trip as per scheduled programme.Thereafter complainants and their family members returned by 2 p.m. after offering puja to Vaishno Devi and demanded food but no kerosene and stove was available, so the tour manager asked them to take vegetarian lunch in a nearby hotel and in the evening manager supplied snacks and in the night cook prepared vegetarian dinner though it was promised and agreed by op at the time of taking advance that non vegetarian food including fish, chicken and egg would be given with every meal but no result and on 16.10.2014 no pre-booking was done by the op.So, the tour programme was not available.
In fact there was no advance booking of hotel/train/bus/car, op by telephone asked the complainants to bear additional amount of Rs. 2,000/- each in case if they travel by car and the complainants accordingly collected Rs. 2,000/- for eacjh member and asked the tour manager for arranging a car for the entire journey and the tour manager was asked to contact a local tour operator to take the complainants and their family members to the places like Simla, Kulu, Manali, Rohtang Pass etc. and to drop the complainants to Amritsar the end point from where the complainants have to take flight/train.The tour manager Mr. Mukherjee contacted Hills Tour and Travel Co. based at katra for the entire tour and promised to bear Rs. 17,000/- from the fund of op and the rest would be borne by the complainants.After reaching Pathankot when the owner of the hired vehicle demanded money, the tour manager of the op refused to part with said money as promised earlier and ultimately he paid only Rs. 10,000/- and then he was taken to Pathankot Police Station and the I/C of the said Police Station contacted the op in Kolkata for remitting money to their tour manager.
The local tour operator arranged a 13 seated vehicle since less costly small vehicle can carry only 8 persons and the said operator asked the tour manager to arrange for his own accommodation and cooking himself.Mr. Mukherjee the tour manager started for Pathankot from Katra on 16.10.2014 along with the complainants and their family members and reached Pathankot and the driver of the said car taken them to Jwala Mukhi by the evening and asked the complainants to stay for the night since it was not possible to go further in the hills in evening.However without intimating the complainants team the tour manager left the complainants team along with cook on 16.10.2014 and subsequently complainants came to learn that as per advice of the op, the said tour manager and cook left the complainants’ team.In the unwanted situation the said vehicle owner demanded money for the journey as contracted and the food expenses also and practically complainants’ continuously after taking food in the various hotels, most of the members of the complainants felt ill.
Finding no other alternative complainants visited the spots namely from Jwala Mikhi to Mandi on way to Manali on 17.10.2014, from Mandi to Manali on 18.10.2014m fromManali to Rohtang Pass and back to Manali on 19.10.2014, from Manali to Pathankoton 20.10.2014, from Pathankot to Amritsar via Wagah Border on 21.10.2014, from Amritsar to Delhi on 22.10.2014 and from Delhi to Kolkata on 23.10.2014 and completed the tour from their own expenses as the op and it’s tour manager and cook abandoned the complainants and their family members in the midway and did not remit any money against the aforesaid tour.After returning at Kolkata complainants went to the op and requested to meetup the disputes of non payment of the tour expenses of the complainants but the op did not pay any heed of their request and moreover threatened to assault physically to the complainants if they will come further to the op.So, complainants being afaid were compelled to lodge a diary against the op before the I.C., Shyampukur Police Station, Kolkata on 25.10.2014 stating the entire fact.
For the above circumstances for negligent and deficient manner of service and for adopting unfair trade practice and also for incurring huge money by the complainants, complainants prayed for redressal and relief against the ops because complainants suffered economically, mentally, physically and for such sufferings, ops are responsible and they did not discharge their duties as service provider and in the above circumstances they prayed for compensation and other relief as they are entitled to.
Op Gopa Banerjee appeared before this Forum by filing Vokalatnama by the Ld. Lawyer on 05.02.2015 and took time for filing written version and thereafter Dilip Banerjee op no.2 appeared by filing Vokalatnama on 02.06.2015 took time for filing written statement.But ultimately did not file any written version.So, complainants submitted E/Chief when op filed questionnaire without filing any written version.Thereafter op did not file any E/Chief or any other materials.In the above circumstances, the case is closed finally when it is found that ops are absent on call and did not file any written statement and E/Chief except questionnaire.Accordingly we shall have to proceed on the basis of the materials on record.
Decision with reasons
On comparative study of the complaint including materials as produced by the complainant, it is found that complainant for the purpose of journey to Kashmir, Vaishno-Devi deposited initial sum of Rs. 3,000/- vide Receipt dated 01.09.2014.Subsequently paid Rs. 20,000 on 10.10.2014 and that receipt was issued by Dilip Banerjee, the op no.2 and on 26.08.2014 Sankar Debnath also deposited Rs. 12,000/- and on 01.10.2014 a sum of Rs. 49,000/- was paid.It is also proved by documents that complainant Satya Basu paid Rs. 2,000/- at New Delhi for room charge, Rs. 6,000/- at Hotel M.C. Dollar’s at Jammu, Rs. 32,500/- at Hills Tour & Travels for their journey, at Hotel Yamuna on 17.10.2014 Rs. 990/-, Hotel Moon at Mandi Rs. 1,190/-, Rs. 1,237/-, Rs. 200/- and also Hotel Snow Bird at Manali Rs. 407/-, Rs. 1,500/- and Rs. 2,348/- and also another Rs. 2,348/-, at Hotel Staywell Rs. 432/-, Hotel Singh International of Rs. 756/-, Hotel Dhwani Palace of Rs. 600/- and some other amount during their tour and fact remains that same were paid by them for their journey for no co-operation and service reduced by the ops even after receipt of entire tour amount.
But fact remains that ops’ conducted the appointment, took entire money from the complainants, but during journey, they avoided the complainants and did not give proper service and ultimately they left the place and the complainants practically travelled the said tour at their own cost finding no other alternative and cooperation and also for non-rendering their service by the ops.
Fact remains that those are the allegations of the complainants against the ops and those ops ultimately appeared before this Forum by filing Vokalatnama, got chance to file written version.But both the ops appeared before this Forum personally on those days on behalf of the op no.2, copies of complaint will receive by their lawyer which is noted on the left side of the margin of the order sheet and truth is that this Dilip Banerjee was in custody in connection with other execution cases for cheating the customers in respect of conducting tour and in all those three cases Dilip Banerjee was compelled to pay certain amount out of decretal amount and he was released on bail and thereafter Gopa Banerjee op no.1 submitted to pay the amount and ultimately they did not appear before this Forum because they are trying to avoid the payment of other cases for deceiving the tourists in such a manner and to avoid decrees already passed.
Truth is that they have their chance to defend the case, but they did not defend because both are well known for their running deceitful manner of trade which is travel and tourism business and they are well known in this field.Fact remains that Dilip Banerjee already closed his concern only to avoid payment to the customers and his wife has floated some business along with her husband by advertising a new name.
In the present case though they did not file any written statement, they submitted a questionnaire and complainant submitted reply on 07.04.2015 against questionnaire filed by the op on 25.03.2015 and that copy was also received by the ops’ Ld. Lawyer on 07.04.2015.But they have their no guards to file written statement but denied the allegation of the complainants but fail to establish anyway that the allegations of the complainants are false.
Another factor is that both the ops Gopa Banerjee and Dilip Banerjee are well known persons in respect of their such sort of cheating business and in fact both are avoiding the customers and one after another they are changing their business places from one place to another or by closing the previous place, which is fact and that is also reflected in other three cases also.Now question is whether there is any ground to disbelieve the statement of the complainants.
No doubt in this case the Evidence-in-chief of the complainants has not been denied by the op though they received the copy of the said E/chief.They have not denied or challenge allegations of the complainants at the time of their appearance, though fact remains that complainants paid huge amount for their said tour programme and it is also not challenged that Kashmir Tour was cancelled by ops and a new tour programme was given to the complainants and in fact during tour all the days complainants paid all charges which is proved from the fact that receipt was issued in the name of the complainants.
Ops had their every scope to say that they took hotels, transport etc.But they did not do it which is proved when the allegation as made by the complainants has not been denied by the ops and ops got chance to appear before this Forum personally through lawyer and one day they claimed that they shall have to dispose the matter by paying certain amount.But ultimately both of them are absent and reason is that they have their no documents to deny the allegation of the complainant.
At the same time they are not in a position to appear before this Forum on the ground against Dilip Banerjee execution cases are pending and in three executions cases he was in jail for two or three months and thereafter his wife Gopa Banerjee and his son paid certain amount and was released on bail but thereafter they are absconding and it is the conduct of the entire business of the op.No doubt they are known cheat in the field of tour and travelling business and practically in this business they cheated many customers who are facing huge problem to get relief in the execution case.Whatever it may be after considering the evidence on record and also considering the conduct of the ops, we are convinced to hold that there is no ground to disbelieve the testimony of the complainants and the documents as filed and no doubt as tour and travelling company, ops did not render proper service even after receipt of the huge amount and also did not show their business responsibility as a service provider.
On the contrary they adopted unfair trade practice and deceived public at large and in the present case also complainant is deceived which is proved and that is the common activities of most of the tour and travelling companies of West Bengal against whom this Forum has taken strong step and most of the tour and travelling companies like Jana-Ajanar Pothe, Simana Chhariya, Dolphin, Cholo Jai, Ghosh Special, Kundu Special, Banerjee Special etc. out of that Ghosh Special is not contesting in any case if it is filed and they are paying the dues by installments and others have paid total money after issuance of warrant only Dilip Banerjee was in jail custody for more than 2 or 3 months for non compliance of Forum’s order in many ex-cases.
In the present case, it is found that there are certain hands of unscrupulous persons who are backing the ops for so many manners and in fact those unscrupulous persons have their strong hands who are guiding the ops in such a manner to avoid this Forum.Because all the tour and travel company have realized that they shall not be able to get any undue disadvantages in this Forum.So, except this Banerjee (op) all other tour and travel companies are paying the decretal dues properly along with penalties and they have realized that as tour and travelling agency they have their huge obligations to fulfil the duties as they took money for such tour programme for which the customers paid money for such tour and they have to some extent rectified except this ops who are known cheat in all respect and their business is famous for cheating the tourists in such a manner and same is proved in this case beyond any manner of doubt for which they are not only closing place of business one after another and changing the name of their business.But they are also changing their addresses to avoid warrant/summons/notices etc.
In the light of above observation and also considering the entire materials on record, we are convinced to hold that this complainant not only suffered during tour but they were practically abandoned by the ops at the time of tour, they did not give proper service of vehicles, hotels though they received the entire amount and by that complainants have suffered much and for which the negligent and deficient manner of service on the part of the ops is proved beyond any manner of doubt.
At the same time the ops’ conduct and activities tantamounts to unfair trade practice and already it is proved that Dilip Banerjee and his wife Gopa Banerjee have adopted an unfair trade practice in the field of tour and travelling business.
In the light of the above observation the present complaint succeeds and complainant is/was entitled to get relief as prayed for.
Hence, it is
ORDERED
That the complaint be and the same is allowed ex parte against the ops with cost of Rs. 10,000/-.
Ops are jointly and severally are hereby directed to pay compensation of Rs. 1,00,000/- to the complainant for not rendering any service as per contract during the tour even after total payment of contractual money for that tour to the ops and for causing mental pain, harassment during their tour programme and for not giving proper security during tour and for not arranging hotel, transport during tour by the ops and for adopting unfair trade practice and further for deceiving the complainants the tourists in such a manner, ops shall have to pay penal damages of Rs. 25,000/- to the complainant.
For adopting unfair trade practice and for deceitful manner of trade, ops jointly and severally shall have to pay penalty of Rs. 20,000/- to this Forum and same is imposed to save the customer from the hands of such ops who have adopted unfair trade practice in all respect and it is also imposed to check the continuous activities of the ops in respect of rendering such step by adopting unfair trade practice.
Op nos. 1 & 2 jointly and severally are hereby directed to comply the order within one month from the date of this order, failing which, ops shall be prosecuted u/s 25/27 of C.P. Act 1986 for which they shall be further imposed penalty and fine.
