Complainant Manas Kumar Paul by filing this complaint has submitted that complainant for himself and his wife and son paid a sum of Rs. 31,904/- for a package tour for Bhutan for eight days from 30.09.2014 to 07.10.2014 and in support of payment of such amount op Kalayani Tours & Travels issued receipt and fact remains the said tour was valid from 30.09.2014 to 07.10.2014 and accordingly as per ops’ direction and instruction, complainant and his wife and son became the member of the said Bhutan Package Tour under op and on 01.10.2014 they arrived at Jaigaon near Bhutan gate and they were placed at hotel Prosant and after taking launch at that hotel as per advice of tour manager Apurba Chakraborty and Asstt. Manager Rabi Babu, they were asked to go to Bhutan Permit Centre for getting permission and after waiting from 4 P.M. to 8:30 P.M., they failed to get permission for Bhutan Tour.
Thereafter they asked the complainant and his family member to return to hotel and asked them to appear if their presence is required and at 19:30 P.M. at hotel, they reported that their permit cannot be granted and that Manager and his Asstt. Manager asked them to come at 8 P.M. on 02.10.2014. They went to that permit centre. But after waiting up to 4 P.M. they reported that permit was not granted and the vehicle what shall have to proceed to Bhutan has been cancelled and it was learnt from the hotel authority that without permit if anyone moves to Bhutan, in that case, they may be penalized and that matter was also reported to the said manager and assistant and they assured that they shall have to arrange for such permit and adjust their tour but finding no other alternative, complainant reported the matter to Sealdah Office and the op but they did not cooperate and without arranging for any alternative arrangement for such tour at Bhutan that manager wrote a letter to that effect that not getting permit, complainants’ tour is cancelled.
It is further mentioned that at the time of booking, they assured that for his son’s food and for Horlicks and complan they shall have to give support food and for which Rs. 5,000/- was taken from them. But after availing of Kanchan Kannaya Express at Sealdah on the next day also they did not provide any other food, though they took Rs. 5,000/-. In fact at Jaigaon and after waiting there up to 02.10.2014 and without getting any return ticket, complainant was compelled to stay at Kalimpong and thereafter by purchasing return ticket they went to Sealdah on 05.10.2014.
Thereafter on 10.10.2014 complainant and his wife submitted an application to the op praying for return of entire amount when they did not get service from them and their tour was cancelled as per their manager’s report. But op behaved unmannerly and threat the complainant to go to Supreme Court, but they are not willing to refund any amount and also to refuse to accept the prayer for refund of money. When complainant sent a letter by Speed Post and op received it but did not attend and did not return the said amount for which this complaint is filed by the complainant for redressal.
On the other hand op admitted that complainant paid the said amount as claimed for a tour for Bhutan Package Tour from 30.09.2014 to 07.10.2014 and that was conducted by the op taking assistant and their local agent who were engaged for looking after all affairs of the complainant and other customers and for their accommodation, transportation, side scenes tour against usual charges and complainant being satisfied with the terms and conditions booked for the said tour making an advance of Rs. 10,000/- paid on 18.07.2014 in the office of the op and balance of sum of Rs. 21,854/- along with Rs. 50/- being additional different amount towards railway ticket etc. was paid by the complainant on 19.09.2014.
It is specifically mentioned that on 01.10.2014 tourists were requested by the op no.1 conducting the affairs of the above tour with the assistance of the local agent of the op no.1 to be physically present, after having their respective branches in the hotel, at the office of the Regional Immigration Office, Phouesholing, Bhutan which is six to seven minutes walking distance from hotel Prosant and they appeared and office called serially one after one and since there was rush much time took place for getting the permits for entry in Bhutan after maintaining the formalities mainly to receive the finger prints of both hands and the photo of eye ball of respective members. But anyhow members of the said package excepting six members got permit which was delivered to them by the office for want of time but they were assured that six persons were not giving such permit that is including complainant’s wife and son and same were cancelled because at the time of taking photo of eye ball, finger prints they were absent on call for physical verification on 01.10.2014.
Subsequently on 02.10.2014 the aforesaid six members got their respective permit at about 8 P.M. from the office and complainant and his wife again filed the application from afresh and Team Manager of the said package, the local agent requested the official to issue the permit in favour of the complainant’s wife preferably before 9 A.M. before the said schedule time of departure by bus towards Bhutan as per the schedule of the tour package office expressed their inability to issue the permit in favour of the complainant and his wife by breaking the Rules of the first come first serve and as a result of which the complainant could not arrange to get their permits before the said schedule for departure for side scenes of Bhutan.
In the above circumstances, complainant was given the option to the op to arrange and collect the said permit according to his permit and serially from the office which is exclusive authority therefore and thereafter to join with the said package in Bhutan at such place where they would wait for them in the next another vehicle service would be provided by the same local agent who assured to favour them for such purpose. But complainant instead of taking any decision, only requested the op no.2 to issue in writing that the complainant and his wife and son could not participate in the Bhutan package since the permits could not be arranged by them in time and the same was accordingly issued by the op no.2.
Ultimately complainant and his family members instead of joining with the package in Bhutan by their local agent, they returned back at their residence without giving any intimation to the op about their intention and therefore op has sustained huge loss of monetary, goodwill, reputation and mental agony. Moreover for the fault of the complainant, practically they failed to enjoy the tour and in fact they did not cooperate with the ops’ agent, manager etc. and proceeded according to their own will and in fact at the Bhutan Immigration Centre, they were not present at the time of calling.
So, for the fault of the complainant, they failed to enjoy that tour. But fact remains that ops arranged all their accommodation and paid amount already. Option was given to the complainant and his wife for alternative arrangement but that was not also availed of. So, the entire complaint is false and fabricated for which this complaint should be dismissed.
Decision with reasons
On comparative study of the complaint and written version and also considering the argument as advanced by the Ld. Lawyers of both the parties and further on overall assessment of the documents as admitted by the op, it is clear that no doubt complainant paid the entire amount of Rs. 31,950/- for Bhutan Package Tour. It is proved that the said amount was paid on 18.07.2014 and 19.09.2014 and op has admitted that they have received it.
Admitted fact is that complainant, his wife and his son availed of the said journey from Sealdah and reached at Jaigaon. Thereafter they stayed at Prosant Hotel. But after that no doubt for entry into Bhutan, their permit could not be secured by the agent or the manager of the op.
Admitted fact is that complainant, his wife and his son failed to avail of the said tour for want of permit issued by Bhutan Authority. Truth is that the agent of the op in writing gave a receipt to the complainant stating that they failed to collect permit of Manas Kumar Paul, Sujata Paul and Sabnam Paul for Bhutan Package Tour and for which their programme was cancelled and that was submitted by Apurba Chakraborty, the agent of the op on 02.10.2014 and that was admitted by the op in his written statement. When that is the fact, then it is clear for the fault and negligent manner of service of the op, complainant even after depositing of Rs. 31,950/- failed to avail of the service of the ops and ultimately they were compelled to return back by spending their own money for their return and anyhow op has tried to convince that letter was issued by their agent as per desire of the complainant. But such a plea cannot be taken as a reasonable clarification or explanation for issuing such declaration by the agent of the op.
On the contrary it is admitted by the op that they failed to arrange permit for entry to Bhutan for present complainant, his wife and his son and when they failed to do so then their agent in writing submitted that declaration and handed over it to the complainant and fact remains that their permit cannot be secured by the ops. Truth is that without permit of the Immigration office anyone enters into Bhutan in that case he shall be prosecuted and no doubt complainant and his family members being satisfied about the service of the op paid such amount for journey and it was the liability of the ops to collect the permit to enter into Bhutan for journey and they failed to do so and for which invariably it is found that complainant though hired service of the op but they failed to give such service.
So, invariably complainant is entitled to get back the entire amount for such Bhutan Package Tour when ops failed to give or provide that package tour for eight days from 30.09.2014 to 07.10.2014. Anyhow it is a disputed fact that complainant was a member of the said tour and went to Jaigaon from Sealdah with the ops’ agent, manager etc. But thereafter they failed to give proper service for which no doubt negligence and deficiency and deceitful manner of service on the part of the op is well proved for which complainant is entitled to get the entire amount of Rs. 31,950/- from the op Kalayani Tours & Travels and op no.1 is the legally bound to refund the same along with compensation for his sort of harassment and also for causing mental pain and agony and dissatisfaction for not getting proper service from the ops even after payment of Rs. 31,950/- and for such package tour.
Truth is that complainant sent prayer for refund of the same but that was not properly responded by the ops that means ops have no desire to refund their deposited money that is unfair practice and dishonest practice of the tour and travels company and received money from customer but not given proper service to the customer. But such sort of practice should be stopped by the op in future.
In the result, the complaint succeeds.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest with cost of Rs. 10,000/- against op no.1 and same is allowed against op no.2 but without any cost.
Op no.1 is hereby directed to refund the sum of Rs. 31,950/- to the complainant (which was received by the op no.1 on proper receipt) for Bhutan Package Tour and further for causing mental pain and agony and harassment and also for deceiving the complainant in such a manner and also for not giving such any service after taking such amount, op no.1 shall have to pay sum of Rs. 10,000/- as compensation.
Op no.1 is directed to pay the entire amount of Rs. 10,000/- for litigation cost and booking amount of Rs. 31,950/- for package tour and also compensation of Rs. 10,000/- i.e. total Rs. 51,950/- to the complainant within one month from the date of this order failing which for non-compliance of the Forum’s order op no.1 shall have to pay penal interest at the rate Rs. 200/- per day till full satisfaction of the decree. If penal damages is collected it shall be deposited to this Forum.
Even if it is found that op no.1 is reluctant to comply that order, in that case, op no.1 shall be prosecuted u/s 27 of C.P. Act 1986 and for which they may be imposed further penalty and fine.
