Smt. Shampa Ghosh, Hon’ble Member:-
This case is filed by the Sri Dipen Purkait S/o. Bimalendu Purkait of 50/5, Naskarpara Road, East Boalia, Garia, P.S. – Narendrapur, Kolkata – 700 084 against OP No.1. Himachal Pradesh Helpline Tourism, represented by its Managing Director, Naveen Paul, residing at 10, the Mal, Shimla, HP-17100
OP No.2 Deepa Banerjee is the Manager Himachal Pradesh Helpline Tourism. The complainant Mr. Dipen Purkait decided to visit Himachal Pradesh with his wife. After getting information from social media, the complainants came to know about the tour operator, OP No.1 and contacted them over phone and a lady named Deepa Banerjee (OP No.-2) of that office received the call and after getting to know about the wishes and desires of the complainant informed him that the tour agency was going to conduct tour package of Himachal Pradesh, Leh Ladhak. The complainant choose the date 05.06.2023 as per his convenience. Entire period of journey was for 12 years i.e. from 05.06.2023 to 16.06.2023. They informed the complainant that they would start from Manali and the intending tourist had to reach there on their own on or before the scheduled departure date. The tour packages were included two time meals in a day, hotel rooms in all places, transportation for pick up drop, all sight scene and taxes (Annexure-A). On 15.03.2023, complainant paid Rs.32,500/-(50%) and made the booking. On 16.03.2023, complainant booked railway ticket for Sealdah to New Delhi for journey date 03.06.2023 for himself and his wife. Complainant also booked his bus ticket from New Delhi to Manali for the journey date 04.06.2023 through internet (Annexure-B). Complainant also booked return tickets (Annexure-C). On 26.04.2023, OP No.2 informed the complainant over phone that if the complainant deposited the full amount within 27.04.2023 they would given 10% discount on the total value. After getting such offer, the complainant paid the rest amount. The complainant paid total Rs.56,700/- to the OPs (annexure-D). One week before the tour, OP No.2 informed over phone that the (5th June, 2023) tour was cancelled and requested to avail journey date of 21st June as there were no other tourists available for the departure date of 05.06.2023 except the complainant and his wife. They asked the complainant to change the date. As all the tickets were booked it was not possible for the complainant to change the tour date. The complainant requested to the OP No.2. OP No.2 assured the complainant that the OP No.2 would arrange the tour as planned and they would inform the complainant in detail s two days before the (05.06.2023) journey date. The OPs intimated the complainant to reach ‘Mrikula Cottage’ at Manali. After reaching Mrikula Cottage at Manali at on 04.06.2023 complainant found that there was no staff to receive them on behalf of the OPs. On 05.06.2023, the Manager of the Mrikula Cottage intimated the complainant that there were no other tourist except the complainant, therefore it was not possible for them to arrange journey. The charged extra Rs.10,000/-. The complainant tried to contact OPs several times but the OPs rejected the calls every time. Finding no other alternative the complainant and his newly married wife decided to return back Kolkata. They left Mrikula Village Hotel on 06.06.2023 and sent to another hotel at Manali where they had to pay Rs.3,000/- for three days. The complainant booked bus ticket from Manali to Delhi and train ticket from Delhi to Kolkata (Annexure-E). The complainant had to bear cancellation charges amounting to Rs.400/- and Rs.700/- respectively, for cancelling the return tickets dated 16.06.2023 for train from Jammu to New Delhi and ticket dated 17.07.2023 for train from New Delhi to Kolkata and Rs.11,200/- for meal charges from 03.06.2023 to 09.06.2023. The complainant also stated that they also incurred losses amounting to Rs.7,600/- for the wastages of days, out of his Earned Leave because the complainant took leave from office out of his Earned Leave. After returning to Kolkata, complainant several times requested to the OPs to refund the entire amount, but the OP did not pay any heed to such requests. Complainant sent an email on 23.06.2023 (Annexure-F). Complaint went for mediation on 07.04.2023. Due to non-cooperative attitude of the OPs settlement was not possible. Finding no other alternative complainant filed the instant complainant case with a prayer to refund Rs.56,700/- along with interest and Rs.36,916/- for unnecessary and incidental expenditure incurred by the complainant and Rs.1,00,000/- for harassment and mental agony and Rs.50,000/- for litigation cost. Schedule for demurarage charges railway ticket booking (UP and Down) (Rs.5,734.30/-+Rs.400/-+Rs.700/-+Rs.1620/-) = Rs.8,454.30p, Bus Tickets (Rs.3,231/-+Rs.3,231)=Rs.6,462/-, Hotel Booking Rs.3000/-, Meals Rs.1600/- X 7 days = Rs.11,200/- , Local Transport =Rs.200/-, Earned Leave loss =Rs.7,600/-.
The OP Nos. 1 & 2 did not come forward to contest the case by filing W/V. As such, by order No.4 dated 29.01.2024 the instant complaint case was declared to be proceeded ex-parte against the OP Nos. 1 & 2.
Points for consideration :-
- Is the complainant a consumer?
- Are the OPs guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decisions with reasons :-
Points No.1 :-
On perusal of the case record along with the copies of documents available on record, it appears that the complainant paid Rs.5,700/- to the OPs for travel ling purpose. The OPs conducted the tour package for Himachal Pradesh and the complainant paid the money to the OPs and OPs acknowledged the same by issuing money receipt. Therefore, the complainant is a consumer as defined U/S 2(7) of the Consumer Protection Act, 2019.
As such, the 1st point is decided in favour of the complainant and against the OPs.
Points No.2 & 3 :-
Both points are taken up together for the sake of convenience and as they are interlinked.
The complainant decided to visit Himachal Pradesh with his newly married wife. The complainant came to know about the tour operator OP No.1 from social media and contacted them over phone. OP No.1 received the phone and after getting to know about the wishes of the complainant, OP-1 informed the complainant that their tour agency was going to conduct tour package of Himachal Pradesh. The complainant fixed the date from the package. It was fixed on 05.06.2023 as per his convenience. Entire journey was for 12 days. i.e. from 05.06.2023 to 16.06.2023. OPs informed the complainant that they would start their tour journey from Manali. Total package includes two meals in a day, hotel rooms in all places, transportation for pick up drop, or sight scene and taxes. All tourists had to reach Manali at their own costs. The complainant paid Rs.56,700/- to the OPs after adjusting 10% discount. The total cost of package was Rs.63,000/-. Just few days before 05.06.2023, the OP No.2 informed the complainant over phone to re-schedule the plan tour and next avail journey date of 21st June, 2023 as there were no other tourist available except the complainant and his wife. The complainant intimated the OPs that it was impossible to re-schedule the tour plan because he already booked all train and bus tickets from Kolkata to Manali. The complainant requested to the OPs and the OPs assured the complainant that they would arrange the tour as planned. The OPs intimated the complainant to reach at Mrikula Village in Manali. The complainant reached at Mrikula Village on 04.06.2023 but there were no other tourist except the complainant and his wife. On 05.06.2023 the hotel manager intimated the complainant that as there were no other tourist it was not possible to arrange the tour. They charged extra Rs.10,000/- for the tour. Thereafter, the complainant tried to contact to the OPs2 but every time the OPs rejected the calls. Finding no other alternative, the complainant decided to return Kolkata and they left the Mrikula Village on 06.06.2023 and booked another hotel. On 09.06.2016 they returned to Kolkata. The complainant had to incur the whole expenditure for reaching Manali staying at hotel in Manali and returning to Kolkata, bus and train ticket, cancellation charges. The complainant paid the entire amount but he did not get the assured service of tour offered by the OPs. After returning to Kolkata, several times the complainant requested to the OPs to refund the entire amount, but the OPs did not pay any heed. So it is clear from the above averments that the OPs have involved in unfair trade practice by not providing the promised service in spite of receiving entire payment. It is also clear that the complainant entitled to get relief as prayed for.
The Point Nos. 1 & 2 are also decided in favour of the complainant and against the OPs.
In the result, the complainant case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
that the instant complaint case be and the same is hereby allowed ex-parte against the OP Nos. 1 & 2 with cost of Rs.10,000/- (Rupees Ten Thousand) only.
OP Nos. 1 & 2 are jointly and severally liable and are directed to refund the entire amount of Rs.56,700/- (Rupees Fifty Six Thousand and Seven hundred) only along with simple interest @9% per annum w.e.f. 15.03.2023 (Date of payment of 1st instalment) till the date of final realization within 60 days from the date of passing of this order.
OP Nos. 1 & 2 are jointly and severally liable and are directed to pay compensation to the tune of Rs.1,00,000/- (Rupees One Lakh) for demurrage charges, and for mental agony and harassment suffered by the complainant within 60 days from the date of passing of this order.
OP Nos.1 & 2 are jointly and severally liable and are directed to pay the litigation cost of Rs.10,000/-(Rupees Ten Thousand) only within 60days from the date of passing of this order.
The complainant is at liberty to put the order into execution after the expiry of 60 days in case the orders are not complied with by the OPs within 60 days from the date of passing this order.
Let a copy of this order be supplied free of cost to the parties concerned.
That the final order will be available in the following website:www.confonet.nic.in.
Dictated and corrected by me.
Shampa Ghosh
Member
