DATE OF FILING : 19-04-2013. DATE OF S/R : 16-05-2013. DATE OF FINAL ORDER : 13-08-2013. 1. Chandan Saha, P.S. Uluberia, District – Howrah, 2. Sarbendu Das, of 23/1, Sri Arabinda Road, Salkia, Howrah, PIN – 711106.--------------------------------------------------------- COMPLAINANTS. - Versus - Impression India, Proprietor Avik Sen, 33/1B, Bosepara Lane, P.S. Shyampukur, Kolkata – 700003.-------------------------------------------------------------OPPOSITE PARTY. P R E S E N T President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS. Member : Shri P.K. Chatterjee. Member : Smt. Jhumki Saha. F I N A L O R D E R 1. The instant case was filed by complainants U/S 12 of the C.P. Act, 1986 wherein the complainants have prayed for direction upon the o.p. to pay compensation to the tune of Rs. 29,220/- as the tour company failed to make necessary arrangement in the hotel as assured and left the complainants in a state of total helplessness in Shillong, Mehgalaya. 2. The proprietor of the o.p. company in the written version challenged the maintainability of the complaint for lack of jurisdiction and contended interalai that the confession of the manager of the hotel is forged, manipulated and fabricated; that the manager tried his level best to fulfill the requirements; that the complainants never rented two room for three families at a rent of Rs. 11,520/- as alleged. So the complaint should be dismissed. 3. Upon pleadings of both parties three points arose for determination : i) Whether the complaint is maintainable before this Forum ? ii) Is there any deficiency in service on the part of the O.P. ? ii) Whether the complainants are entitled to get any relief as prayed for ? DECISION WITH REASONS : POINT NO. 1 4. Though the address of the O.P. company belongs to the Kolkata Jurisdiction ( Shyampur P.S., Kolkata – 3 ), the agent of the O.P. company received the amount of Rs. 5,900/- out of Rs. 11,880/- from the residence of the complainant situated at 23/1, Sri Arabinda Road, Salkia, Howrah – 6, for booking of three rooms in Hotel Anchorage for three days i.e., for 26-10-2012 to 28-10-2012. The complainants in the complaint have specifically mentioned this fact and it cannot be dislodged by way of simple denial on the part of the O.P. This is because the tour company styled as Impression India is not so famous like other reputed concerns like Kundu Special so as to attract the interested tourists to their office voluntarily. The companies like that of O.P.’s collect their customers by their personal initiative. So there is no reason to disbelieve the complainants with respect to the payment of Rs 5,900/- at the residence of the complainants. This residence is within the ample jurisdiction of the Howrah Forum. The point no. 1 is accordingly disposed of. POINT NOS. 2 & 3 : 5. We can very well fathom the plight and peril of the complainants together with their family comprising the minor children at the distant place in Shillong where they were shown cold shoulder by the management of the Hotel Anchorage. They flatly denied that the hotel room was booked for 26th October to 28th October, 2012. As the hotel management could not provide any other alternative room to the rescue the helpless complainants, they had to loiter from place to place by hiring taxies in search of hotels. We have no hesitation in our mind that the O.P. company in fact committed a crime within meaning of the Indian Penal Code for not booking the rooms of Hotel Anchorage as per the request of the complainants and even after receiving the advance amount. Ultimately, the complainants were compelled to book two rooms in Hotel Assembly at a payment of Rs. 11,520/- for three days and naturally, they were thrown into acute financial crisis in an alien atmosphere. The complainants lodged information with the Uluberia P.S and Shyampur P.S. though for misconception they wrote Bagbazar P.S. 6. The O.P. company produced the paying slip showing payment of Rs. 3,740/- to the Hotel Anchorage on 09-07-2012 to justify his claim that they took proper initiative for booking the hotel as per the choice of the complainants. But it is not clear to us if the paying slip showing payment of Rs. 3,740/- was for any residue claim from the O.P. company. Had the O.P. company booked the Hotel Anchorage in due time in spite of receiving the amount, the hotel authority cannot refuse the complainants throwing him in complete perilous condition. 7. Therefore, in view of the above we arrive at the irresistible conclusion that the O.P. company is guilty of gross deficiency in service in not complying with their request and throwing them in most unfortunate and helpless condition in a long distant situation. We are further of the opinion that this is fit case where the prayer of the complainants shall be allowed. Both the points are disposed of accordingly. Hence, O R D E R E D That the C. C. Case No.123 of 2013 ( HDF 123 of 2013 ) be allowed on contest with costs against the O.P. O.P. be directed to refund Rs. 17,520/- to the complainants within 30 days from the date of this order The o.p. do also pay a sum of Rs. 4,000/- as compensation for causing mental pain and willful harassment to the complainants. The complainants are also entitled to a litigation cost of Rs. 2,000/-. The complainants are at liberty to put the decree into execution after expiry of the appeal period. Supply the copies of the order to the parties, as per rule. DICTATED & CORRECTED BY ME. ( T.K. Bhattacharya ) ( T.K. Bhattacharya ) President, C.D.R.F.,Howrah. President, C.D.R.F.,Howrah. ( Jhumki Saha ) ( P. K. Chatterjee ) Member, C.D.R.F.,Howrah. Member, C.D.R.F.,Howrah. | 
