This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that he is an agent of LIC, and as an MDRT Member to attend the MDRT Annual Meeting along with other Members at Atlanta, Georgia, USA TO BE HELD FROM 5TH June, to 8th June, 2011, approached the OP through Sri Uttam Kr. Das a fellow LIC and MDRT Member and it was decided that for 27(twenty seven) adult participants, the charges being a sum of Rs.1,30,000/- per participant to be paid which included airfare with Airport charges, VISA expenses and Hotel accommodation with meals etc.
It is stated by the complaint that he paid his share of charges being a sum of Rs.1,30,000/- to the OP/M/s. I. Travel by 19-05-2011.
The specific case of the complainant is that in spite of assurances by the OP to arrange VISA and accordingly all formalities were completed by applying for the VISA before the Authorities and the OP who took initiative as per the aforesaid agreement/contract between them, but on the date of interview his VISA was denied by the USA embassy and afterwards he was informed that the said OP/I Travel has cancelled his Air Tickets and has deleted his name from the list of the group of participants without his knowledge/consent though the petitioner has applied afresh for VISA and the OP demanded Rs.25,000/- further for such continuation of the trip.
Fact remains, it is stated by the complainant that as per his own initiative he got the VISA on 02-06-2011 by the VISA authorities, but to his utter surprise, while he communicated to the OP about his grant of VISA he was informed that the said OP/Travel Agent has already cancelled his Air Tickets and has deleted his name from the list of the group of delegates without any prior intimation to him. Finding no other alternative way, the complainant hurriedly approached M/s. ARES Travels Pvt. Ltd. having its office at 20G, Park Street, Kolkata, who finally arranged and booked the Air Tickets for his visit to USA.
Under this circumstances, while he asked the OP/Travel Agent to refund of the said sum of Rs.1,30,000/- being paid by him to them, on each occasion, they deferred the date and finally while he met the OP/Travel Agent who offered a refund of Rs.71,213/- by a post dated cheque no.000760 dated 20-07-2011 drawn on Kotak Mahindra Bank, Ballygunge Branch against his payment of Rs.1,30,000/- but failed to explain as to why and on what basis the aforesaid sum of Rs.1,30,000/- has been deducted by them. Hence, this case.
Fact remains, the complainant took all initiatives for serving the notice upon the OP and ultimately considering the entire records, it appears that notice was sent to the OP but the same was returned unserved with postal endorsement “unclaimed” which tantamounts to be good serve. Since, the OP did not turn up and appeared to defend the allegation of the complainant ultimately for its non-appearance before the Ld. Forum, the case is heard ex parte.
Decision with Reasons
On an indepth study of the complainant and on comparative evolution of the material documents as filed by the complainant, it is found that the complainant has deposited Rs.1,30,000/- vide receipt no.950 dated 19-05-2011 to the OP/Tour & Travel for visiting USA and to attend the MDRT Annual meet at Atlanta, Georgia, USA, to be held from 5th June to 8th June, 2011.
The main contention of the complainant is that though he deposited the money amounting to Rs.1,30,000/- to the OP/Tour & Travel for the scheduled programme well in advance but prior to the scheduled date of journey, the OP/Tour & Travel deleted his name from the list of the delegates without informing him, in spite of their knowledge that he applied afresh for his VISA on 26-05-2011 while he obtained the said VISA and informed the OP, to his utter surprise came to know that they have cancelled his Air tickets also and deleted his name from the tour group without his consent. As soon as the complainant came to know such unfortunate behaviour/attitude on the part of OP, he immediately contacted M/s. ARES Travels Pvt. Ltd. who took initiative and arranged his air tickets within 24 hours and he thus went to USA and participated the annual meet with other members, so, the complainant requested the OP/Tour & Travel Co. to refund his money. But the OP always deferred the date and ultimately offered him any reason of such deduction/less payment though he paid Rs.1,30,000/- to them.
We have heard the complainant and perused all the documents on records. No doubt the complainant led evidence and submitted all the documents as reflected above and those documents support the case of the complainant.
On careful consideration of the materials and the evidence led by the complainant which remain challenged there is no reason to disbelieve the unchallenged testimony supported by documentary evidence of the complainant.
Thus we are of the view that the complainant has definitely been harassed due to irresponsible act of OP/Tour Travel who failed to arrange the VISA in spite of best assurances from them, moreover, cancelled the Air Tickets without informing the complainant in spite of knowing that the complainant filed application afresh to obtain the VISA on his own. Such an act of causing harassment and mental agony to the complainant by the OP/Tour & Travels Co. is itself deficiency and also an unfair trade practice on the part of OP is proved and so, the OP/Tour & Travel Co. is liable to refund the entire advance money paid to them by the complainant and also to pay other relief as claimed.
In the result, the case succeeds.
Hence,
Ordered
That the complaint be and the same is allowed ex parte against the OP with a litigation cost of Rs.5,000/- only.
The OP/Tour & Travel Co. is directed to refund and pay Rs.1,30,000/- to the complainant along with interest at the rate10 percent p.a. w.e.f. 1st June, 2011 and also litigation cost till its realization.
The OP/I Travel is also imposed punitive damages of Rs.25,000/- for adopting unfair trade practice which shall be deposited to this Forum.
The OP/I Travel is 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 said amount of punitive and penal damages are collected, the amount shall be deposited to this Forum on proper receipt. Even, if the OP neglects to comply, penal action/proceeding shall be initiated u/s.27 of the C.P. Act.
Complainant to send this copy of judgment to OP at once for compliance.
