This is an application u/s.12 of the C.P. Act, 1986.
Complainants by filing this complaint has submitted that knowing the OPs as tour operators and their performance to operate tour throughout the world, both of them paid a sum of Rs.78,000/- and Rs.90,000/- respectively to the OPs as consideration money and booked “Kashmir Package Tour” from 15th May, 2013 to 25th May, 2013 to be conducted by the OPs against the money receipts issued by them.
As per the said scheduled tour programme, the OPs undertook to organize everything i.e. booking of hotels, arranging tickets in both ways of travel i.e. air and train etc. for conducting the complete tour programme by them.
Fact remains, while the complainants and their families were very excited and also prepared mentally and made all necessary arrangements for the proposed tour, but till middle of April, 2013, not getting any response from the OPs and to enquire about tour programme, and for their tickets for the proposed tour, the complainants became shocked and surprised when they came to know that the OPs did not yet organize anything and on pursuing the OPs who assured them that they would organize it very soon and would send the tickets to them in due time. But unfortunately, the tour was not arranged by the OPs at all. Being aggrieved, the complainants called on the OPs who again assured them by telling other lies and concocted stories but finally in the middle of May, 2013 they explained their inability to organize the said tour and assured that they would return the consideration money being paid to them by the complainants.
On several occasions, the complainants have made constant follow ups with the OPs for getting back their money since, May, 2013, and also visited the OPs. office on many times, but every time the OPs tactfully avoided them and ultimately kept their office under lock and key. Though the complainants have been able to recover only Rs.35,000/- and Rs.45,000/- respectively from the OPs and under threatening of taking legal steps against them, the OPs also issued A/c payee cheques of the remaining due balance money but those cheques were not honoured by the bank for insufficiency of funds of the drawer. Thereafter, being annoyed by the conduct of the OPs, the complainants filed a complaint before the Consumer Affairs Department, Government of West Bengal, 11A, Mirza Ghalib Street, Kolkata – 700 n087 who took initiative for settling the disputes through mediation. But it is failed. Finding no other alternative, the complainants filed this case before the Ld. Forum for redressal of this case.
On the other hand, the OPs neither appeared nor filed any written version in spite of notice served, hence, the case is heard ex parte.
Decision with Reasons
It is evident from the records, that the complainants booked for the tour as conducted by the OPs on payment of Rs.78,000/- vide receipts No.80 dated 30-11-2012, No.015 dated 26-12-2012 by the complainant no.1 and on payment of Rs.90,000/- vide receipts No.042 dated 17-01-2013, No;045 dated 22-01-2013 and receipt dated 12-02-2013 respectively by the complainant no.2 for the schedule tour programme for the period from 15-05-2013 to 25-05-2013 at Kashmir.
It is the case of the complainants that knowing the OPs as tour organizer, they intended to undertake the journey Tour being conducted by the OPs and also they paid a sum of Rs.78,000/- and Rs.90,000/- respectively as an advance payment for the conducted tour programme by the OPs from 15-05-2013 to 25-05-2013 at Kashmir.
Fact remains, though the complainants made all necessary arrangements for the proposed tour, but unfortunately the tour was not arranged at all by the OPs as per schedule date of tour programme. As soon as the complainants came to know about the postponement or the tour programme, immediately they contacted with the OPs who assured them that the next date of the programme would duly be informed to them. In spite of such assurances, the OPs never conducted the tour and as such the complainants requested the OPs to refund the advnce money, but the OPs only refunded rs.35,000/- and Rs.45,000/- to the complainants respectively instead of full amount being paid to them. Finally, under threatening of taking legal actions by the complainants, the OPs issued certain amount of cheques in favour of the complainants, but subsequently these cheques were not honoured by the bank for insufficiency of funds of the drawer and ultimately the OPs did not refund the balance due money to the complainants in spite of taking initiative to settle the disputes amicably by the Consumer Affairs Department, Govt. of West Bengal.
We have heard the complainants and perused all the documents on records and no doubt the complainants led evidence and submitted all the documents as reflected above and those documents support the case of the complainants.
On careful consideration of the materials and the evidence led by the complainants who remain unchallenged and there is no reason to believe the unchallenged testimony as supported by documentary evidence of the complainants.
Thus, we are of the view that the complainants have definitely been harassed due to irresponsible act of OPs/Indira Holidays who failed to arrange the tour programme and due to such act of failure on the side of OPs, the whole programme were shattered from the side of complainants who made all necessary arrangements for the proposed tour to be conducted by the OPs. Thereafter, despite constant follow ups, the complainants 1 and 2 were able to receive/recover only Rs.35,000/- and Rs.45,000/- respectively from the OPs as part of their total advance money. But upon warning of taking legal steps, the OPs issued account payee cheques for refund of certain amounts of total advance money in favour of the complainants but those cheques were dishonoured for insufficiency of funds what caused deficiency in their part and also unfair trade practice on the part of OPs is proved. Thus, the OPs are liable to refund the balance due money out of total advance money which was paid to them by the complainants and also pay other relief as claimed.
In the result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed ex parte against the OPs with a litigation cost of Rs.10,000/-.
The OPs are directed to refund and pay to the complainant No.1 Rs.43,000/- and complainant No.2 Rs.45,000/- respectively along with interest at the rate of10 percent p.a. w.e.f. 08-07-2014 till its realization and along with litigation cost.
OPs are imposed punitive damages of Rs.50,000/- for adopting unfair trade practice.
The OPs are directed to comply this order within one month from the date of this judgment failing which per day penal interest of Rs.100/- shall be assessed till full satisfaction of the decree and if the said amount of punitive and penal damages is collected the amount 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 the C.P. Act, 1986.
Complainants to send this copy of this judgment to the OPs at once for compliance.
