JUDGEMENT

          Complainant by filing this complaint has submitted that for the purpose of tour and travel at Kashmir complainant entered into an agreement with the op Holiday Makers Tours & Travel and accordingly for the 4 members complainant paid Rs.11,500/- per head and it was a package tour and accordingly complainant initially advanced of Rs.5,000/- and booked for the said package tour.  Thereafter on 07.10.2013 complainant paid Rs.41,000/- and the starting of journey was on 05.10.2013 and complainant and his family members prepared themselves for the journey but subsequently op deferred the same and reported that the starting date of journey is 21.04.2013 and complainant agreed to that proposal of the op.  But suddenly on 20.10.2013 Sila Pal the Director of the company informed that the said tour has been cancelled.  On the ground there are some problem regarding the hotel booking and she also reported that the entire amount shall be returned.

          Thereafter complainant again and again called over phone but none received the same but sometimes someone received and Manager Pranab Ghosh stated that the company director Sila Pal is very ill.  On that night on 20.10.2013 Pranab Ghosh reported the complainant to come at Howrah Station because their journey commenced on 21.10.2013.  At that time complainant reported that unless and until Sila Pal states that matter to the complainat, complainant shall not have to go to Howrah Station because Sila Pal personally reported on 20.10.2013 that package tour has been cancelled.  But Pranab Ghosh did not answer anything.  Thereafter on 21.10.2013 at evening hours he reported that when complainant did not appear at Howrah Station on 21.10.2013, his money shall not be returned.  But complainant reported that when Sila Pal being the Director cancelled the tour and reported the matter and then Sila Pal must have to report as because it was not possible for the complainant to go to Howrah Station to face further tour.

          Thereafter complainant reported the ops for return of the said money but they did not pay any heed to that for which complainant lodged a FIR at Ultadanga Police Station and also to CA Deptt. At Kakurganchi Office and also Headquarter Anti Section of Lalbazar and Director of Police but no result was received for which ultimately complainant prayed for redressal and for adopting unfair trade practice this complaint was filed.

          Fact remains notices were issued upon the ops and Office received that notices on 08.10.2014 thereafter notice was served by Regd. Post with A/D by Speed Post to his home address at Jalpaiguri that was refused and ultimately op did not turn up to contest this case.  Accordingly the case is heard exparte.

                                                       Decision with reasons

          On proper consideration of the argument as advanced by the complainants and also considering the documents, it is clear that Holiday Makers Tours & Travel received money of Rs.46,000/- for 4 persons i.e. Indrajit Ghosh, Sila Ghosh, Rajdip Ghosh and Piyali Ghosh for a tour and travel commencing on and from 15.10.2013 to 29.10.2013 and tour was for Kashmir and related areas.  Fact remains vide receipt No. 323 dated 07.10.2013 op received Rs.41,000/- and Rs.5,000/- vide receipt No.365 dated 11.08.2013 and total payment was made Rs.46,000/- and that was the total amount for journey of 4 persons.

          Fact remains complainant and his family members failed to avail the said journey because that journey was cancelled and complainant repeatedly reminded the ops for refund of the said amount and Holiday Makers Tours & Travel by Email reported to the complainant on 01.10.2013 that due to some unavoidable circumstances they were compelled to change their Kashmir tour programme which was earlier scheduled on 15.04.2013 and they will conduct the same tour on 21.10.2013.  On 21.10.2013 complainant reported by Email that their Kashmir Tour has been cancelled by the op which was reported to him by cell phone but he wanted one SMS to the effect and for doing the needful.  But no answer was given by the op.  Thereafter on 26.10.2013 complainant again sent Email and prayed for refund of the said money and has sent his bank account no and bank details etc to the op.  After that complainant again sent Email on 01.11.2013 for refund of money.  But no reply was given by the op.

          Fact remains the ops got such chance to contest this case to defend the complainant’s allegations.  But even then op did not turn up to contest.  But complainant has proved the payment of Rs.46,000/- for Kashmir tour for 4 persons for the period from 15.10.2013 to 29.10.2013.  But it is also proved from the Email of the op that Tour programme was cancelled and it was rescheduled on and from 21.10.2013.  But from the Email of the complainant it is clear that on 20.10.2013 that was also cancelled and it was reported by Sila Pal.  Thereafter complainant reported the matter to the op authority by Email but op authority did not respond since then.

          Subsequently complainant sent so many Email that was received by the op and op did not respond and did not refund the same and considering all the materials and documents and the total evidence in chief of the complaint, complainant has proved beyond any manner of doubt of unchallenging testimony that op/Holiday Makers Tour & Travels company cheated the complainant in so many manners and adopting unfair trade practice and by deception manner received Rs.46,000/- but did not give such service and in fact complainant failed to enjoy the Kashmir Tour for cancellation of the Tour by the op.

          Most interesting factor is that after 21.10.2013 ops were silent even after receipt of the repeated reminders sent by the complainant to the ops.  It indicates that ops had adopted an unfair trade practice and they realized money of the complainant without giving them any chance to enjoy the Kashmir at any subsequent date also.

          In the above circumstances it can safely be said that the complainant’s unchallenged testimony and vital documents have proved that ops did not render service even after receipt of Rs.46,000/- and they adopted unfair trade practice by decepting manner.  But they received the said money collected money from the intended tour lovers without giving them proper service etc and for which we are convinced to hold that complainant’s allegations are true and some is proved by cogent evident for which complainant’s case succeeded.

          Hence, it is

                                                              ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs.10,000/- in exparte form against the op Ratan Bhowmik the Proprietor of Holiday Makers Tour & Travels i.e. op no.1.

          Op is hereby directed to refund and to repay Rs.46,000/- the amount which has been received by the op as advance for Tour & Travel at Kashmir and also for causing harassment and mental pain and agony of the complainant by the op, op shall have to pay a compensation of Rs.20,000/- to the complainant.

          Accordingly op is directed to pay Rs.46,000/- advance paid amount, litigation cost of Rs.10,000/- and Rs.20,000/- as compensation i.e. total Rs.76,000/- within one month from the date of this order failing which for non-compliance and disobeyance of the Forum’s order, op shall have to pay penal interest @ Rs.400/- per day till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.

          For adopting unfair trade practice and for maintaining a deceitful trade practice, op is hereby imposed punitive damages to the extent of Rs.35,000/- and it is imposed to check such sort of mal-practices and unfair trade practices as adopted by the op and it must be deposited to this Forum by the op.

          Op is directed to comply the order very strictly failing which within the stipulated time of one month from the date of this order penal action shall be started against him u/s 27 of C.P. Act 1986 and further penalty and fine may be imposed for which op shall be liable.