Order-14.
Date-30/09/2015.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that they wanted to make a tour to Vizag-Araku-Hyderabad and Tirupati and for that purpose they contacted the OP tour operator Jana Ajanar Pathey complainants were provided with a ‘Tour Programme’ from April, 2014 to March 2015. Complainants’ journey was supposed to start on 10-10-2014 and the date of return was 21-10-2014. Complainants were asked to pay Rs.47,000/- for the visit of Vizag-Araku-Hyderabad-Tirupati. Complainants paid the sum on 11-04-2014 and the OP issued a money receipt against the payment. It was informed by the OP that if the tour cost is paid 180 days before the scheduled date of visit then the cost of tour will be Rs.9,746/- each. Complainants were told that the journey would commence from Howrah Station. Instead of Howrah complainants had to board the train from Santragachi Station on 10-10-2014. Nobody of the tour organizers accompanied complainants. Complainants reached Vizag on 11-10-2014 and due to natural calamity the tour to Araku and Bora Valley was cancelled. Complainants reached Hyderabad on 16-10-2014 accompanied by a cook, Mr. Ashoke Biswas. Mr. Ashoke Biswas left complainants on 19-10-2014 and complainants started for Tirupati without any representative of the tour operators. The train left Tirupati at 9.55 p.m. on 20-10-2014, but the room was booked till 9.40 a.m. complainants had to pay extra charges of one day for the stay of extended time. At the time of return, the train stopped at Santragachi Station, where complainants had to get down and the taxi drivers demanded an amount of Rs.2,000/- as taxi fare. The OP was supposed to provide return ticket from Tirupati to Howrah Station, instead of Santragachi. The OP failed to make arrangements of rented vehicle for sight seeing, adequate food was not supplied to complainants, rooms were not arranged according to the assurances given to complainants. The OP did not give the hotel charges of the last day of Tirupati. After return complainant 1 visited the OP’s office and informed him of the inconveniences they faced during tour, but they were reluctant to listen to their problems.
Complainant 1 wrote letters one on 19-11-2014 and another on 26-12-2014 but did not get any response. So, complainants pray to Forum for refund of Rs.47,000/- to the complainants. Complainants also pray for payment of Rs.30,000/- for causing physical and mental harassment and s.10,000/- as litigation cost.
Notice was sent upon the OP on July 2, 1015 but the OP refused to receive the notice. They did not turn up on the scheduled date i.e. 10-07-2015. As a result, no written version is filed on that day. Another date was given on 22-07-2015 but OP failed to turn up. Complainants file E-Chief on 03-08-2015 and sends copy of E-Chief on that day, but OP did not take any step, so the case is fixed for ex parte argument hearing. Gradually, we proceeded for preparation of judgment.
Decision with Reasons
Considering the allegation of the complainant as it is evident from the complaint that complainant’s main allegation is that the entire tour programme should be conducted by the OP that means OP’s Manager or officials or staff should be beside at the time of continuous tour, for providing food, for arrangement of vehicle, for arrangement accommodation etc. and in the present case it is found journey started from Santragachi Station on 10-10-2014 and at the station tickets for journey was provided but it was not confirmed and that was also not reported well in advance that as per purchase ticket the journey shall start from Santragachi in place of Howrah but even then complainant swallowed such pain and reached at Santragachi Station as per direction by the OPs but peculiar factor is that after boarding at the train they found that there is none from the OPs end to look after them. Subsequently they reached at Vizag on 11-10-2011 where they faced natural calamity which are beyond the control for that Araku and Bora caves tour cancelled by them (complainants) but there was none on behalf of the OP to arrange vehicle, provide hotel etc. Finding no other alternative complainant reached Hyderabad without help of any representative of the OP but at Hyderabad one cook named Ashoke Biswas was there but on 19-10-2014 when complainants were proceeding towards Tirupati it was found that said Ashoke Biswas also left the place. Again complainants faced further problem and, in fact, tour was not conducted by the OP, no official, no agent on behalf of the OP was there for providing food for guiding them to see the different places or to book the hotel etc. No doubt, in such a situation the horrible mental situation of the tourist cannot be disbelieved. At Tirupati there was a hotel booked up to 9.40 a.m. on 20-10-2014 but time of departure of the train from Tirupati to Santragachi was 19.55 hours on 20-10-2014. So, after 9.40 a.m. complainants were compelled to leave their hotel and finding no other alternative for their stay they booked another hotel for their stay from 9.40 a.m. to 19.55 hours and spent money. Another factor is that at the time of arrival it is found that ticket was purchased from Tirupati to Santragachi instead of Howrah Station about all these allegations there is no denial on the part of the OP and truth is that OP received total sum of Rs.47,000/- from the complainant which is proved from the documents issued by Jana Ajanar Pothe but most interesting factor is that in the present case OPs did not turn up to contest the case even after delivery of the notice and by refusing the notice expressing that they are not claiming. So, considering the conduct of the OP we find that the present OP adopted an unfair trade practice by taking Rs.47,000/- from the traveller and only purchased tickets for journey from Santragachi to Vizag and Tirupati to Santragachi. Except these two tickets, nothing was handed over to the complainant. No person on behalf of the OP so, their hotel booking was not done by the OPs at the time of tour and practically tour was not conducted own by the OP, food and lodging were made by the complainant from their pocket and in such a manner complainant somehow completed the journey and returned back. This is the picture of the service made by the OP travel and tour company even after receipt of Rs.47,000/- and it is no doubt a fact in view of the OP, none appears before this Forum to contest the case.
If actually OP was with the complainants and touring party at the relevant time in that case invariably complainant must not have to make such allegation against the OP and truth is that complainants invariably hired the service on payment of Rs.47,000/- to the OPs. But OPs did not render any service and practically complainants after reaching at Vizag were in bewilderness and tour was not conducted by the OPs which is proved for which in such a situation by spending some money and invariably shortcutting the tour they returned and that is due to God grace because at the relevant time the weather was completely against any tour and situation was not so habitable for any tourist.
Considering the entire evidence it is proved that OPs did not conduct the tour actually but only handed over the tickets for both journey from Santragachi to Vizag and Tirupati to Santragachi except this they did nothing. One man as cook appeared for two days and then disappeared this is the position of the service rendered by the OP what proves that OP did not at all attend the tourists, the present complainants and other during the entire tour which is for the period from 10-10-2014 to 21-10-2014 total 11 days and during total 11 day’s tour they were unguarded, they have their no guide on behalf of the OP and such sort of conduct on the part of the OP tantmounts to unfair trade practice and deceitful manner of trade what is proved beyond any manner of doubt. If actually OP had his any intention to give proper service invariably OP’s staff shall be with the tour party but they were not engaged that means this travelling company is nothing but a cheat in the market. Already they have closed down their offices but somehow it is found that they are residing at Jadavpur where through police notices were served but OP in all these cases OPs have not turned up because they have nothing to say against any allegation against this complainant or other complainants, when it is also proved that complainants were harassed and at the same time they suffered mental pain and agony and fear at the time of their tour and till their arrival at Santragachi only for negligent and deficient manner of service on the part of the OPs and for adopting unfair trade practice on the part of the OPs.
In view of the above findings we are inclined to hold that there is sufficient ground to allow this complaint against the OPs and accordingly complaint succeeds.
Hence,
Ordered
That the case be and the same is allowed ex parte against the OP with a cost of Rs.10,000/-.
OP is hereby directed to pay a compensation of Rs.30,000/- to the complainants for deceiving the complainant even after hiring the service of the OP on good payment of Rs.47,000/- and also for causing mental pain and suffering and financial loss.
The OP is directed to comply the order by paying the entire amount of Rs.40,000/-(i.e. compensation of Rs.30,000/- and litigation cost of Rs.10,000/-) within one month from the date of this order failing which for non-compliance of the Forum’s order OP shall have to pay penal damages at the rate ofRs.100 per day till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.
Even if it is found that OP is reluctant to comply the order in that case penal action u/s.25 read with Section 27 of the C.P. Act shall be started against them for which further penalty and fine shall be imposed.
