JUDGEMENT

          Complainant by filing this complaint has submitted that he being a government employee of Indian Statistical Institute decided to avail a package tour to Araku-Vyzag-Hyderabad (Film City) by availing Leave Travel Concession (LTC) for the Block year 2006-09 which ended on 31^st December-2010 and for which complainant conducted with op and paid Rs.20,000/- as advance amount vide receipt No. 3335 dated 16.08.2010 for that tour to Vyzag-Araku-Hyderabad (Film City) and the date of tour departure was fixed on 14.10.2010 and the cost was Rs.31,984/- for fur members of his family including himself/complainant @ Rs.7,795/- each plus Tax Rs. 804/-.

          But final payment was to be made on 20.09.2010 and the op/company assured the complainant on handing over the railway tickets and their photocopies for placement of the tickets with the LTC Cell of his office for the approval of LTC.  The family members of the complainant arranged the multivarious necessary things and articles for the imminent tour and got mentally prepared.  Thereafter complainant represented quite several times for the promised railway tickets for complainant’s submission to the office for reimbursement but in vain and the approaching for the departure date on 14.10.2010 the tension and anxiety grew further but complainant queries and enquires were never redressed and on utter uncertainty on 13.10.2010 Sri Paul the op called the complainant at his office and expressed their inability to conduct the promised tour on 14.10.2010 and pressurized the complainant to travel on 28.12.2010 instead of the set date of 14.10.2010 which came a bolt from the blue as complainant got such relief and no further relief can be granted at the relevant time and complainant was pressurized to accept their proposal to reschedule on 28.12.2010 and ultimately complainant had to accept changed receipt vide No. 3348 dated 13.10.2010 for the tour that is on 28.12.2010.

          However in the changed and awkward circumstances complainant had to apply before the LTC Cell of his office seeking permission and approval of the tour.  But ultimately the tour had not been operated of the complainant and it was cancelled and that was not reported and ultimately complainant failed to avail of LTC for the Block Year 2006-2009 ending as 31.12.2010 and if op had no capacity/ability to conduct such tour in that case it must be expressed for negligent and deficient manner of service and of adopting unfair trade practice, complainant suffered much and ultimately availed of the said tour by AIR vide office Order No. CAF/3-6/381 dated 11.09.2009.  In the above circumstances complainant asked the op to refund the entire amount and also compensation but they did not pay any heed.

          Practically notices of this complaint was served to Kundu Tirtha Special by registered post with A/D again and again but ultimately it was delivered on 07.10.2013 and fact remains even after receipt of the said notices very renowned op in the field of tour and travel business that is Kundu Tirtha Special did not appear to contest this case.  So, the case was heard exparte finally.

                                                        Decision with reasons

           On proper study of the complaint including the material documents and argument as advanced by the complainant himself, it is clear that there was a tour programme for the month of October-2010, November and December-2010 organised by Kundu Tirtha Special on 23^rd, 24^th and 14^th October there was a confirmed tour programme for Araku-Vyzag-Simachalam-Hyderabad (Film City) via Visakhapattanam for nine days tour and the entire tour per head was fixed of Rs.7,795/- as it is evident from the publication of the Kundu Tirtha Special.  Truth is that complainant paid Rs.20,000/- as advanced out of total of Rs.31,984/-.  Fact remains that complainant tried to avail of the LTC as per Government rules but that tour was cancelled and thereafter being pressurized by the op, complainant accepted the reschedule tour from 19^th, 26^th of December for nine days on same terms and conditions.  But fact remains that tour was also cancelled by the op.  Truth is that on the very year complainant as an employee of the Indian Statistical Institute was on the verge of retirement.  So, he availed of the said LTC facilities.  But ultimately he was unable to enjoy LTC facility by train and was compelled to enjoy the tour by AIR as per Office Order.  So, complainant prayed for refund of that advance payment of Rs.20,000/- including compensation.  But op did not pay any heed and also refused to accept his demand and harassing the complainant since October-2010.

          Most interesting factor is that Kundu Tirtha Special is conducting tour each and every month from their office at 37, Strand Road, 2^nd Floor, Kolkata-700001 having their e-mail but they are receiving the notice but did not contest.  Then, it is clear that op knowing fully well about misdeeds their manner of adopting unfair trade practice with the customers/complainant and their repeated harassment caused to the complainant and did not appear and did not contest this case as they realized having no defense and now in so many cases Kundu Tirtha Special is found that though they have claimed that they are leading tour organization for 49 years experience but in the Kundu Tirtha Special has become a tour organization who has been adopting unfair trade practice and deceiving the customer in so many manners.  So, such a company should be dealt with strong hand otherwise customers at large shall be deceived in future also and they have to squeeze money from the customers at all and in the present complaint entire allegation is proved against the op beyond any manner of doubt and in the above circumstances we are convinced to hold that complainant suffered much and he has been harassed by the op and in the same time op has adopted unfair trade practice and practically deceived the present complainant and has not returned the said amount since October-2010 and in the above circumstances the complainant’s grievance is proved beyond any manner of doubt against op and op is liable to pay Rs.20,000/- which was received by the op as advanced of the said tour which was at all conducted by the op and further for causing harassment, mental pain and agony and also financial loss op shall have to pay a sum of Rs 20,000/- as compensation to the complainant.

          Accordingly the complaint succeeds.

          Hence, it is

                                                              ORDERED

          That the complaint be and the same is allowed on exparte against the op/ Kundu Tirtha Special with cost of Rs.10,000/-.

          Ops are directed jointly and severally to pay and refund Rs.20,000/- as advance paid money and also to pay compensation of Rs.20,000/- for causing harassment, mental pain and agony to the complainant and for causing financial loss and mental pain and agony of his family member for not conducting the tour and for adopting unfair trade practice.

          Accordingly ops jointly and severally shall have to pay Rs.10,000/- for litigation cost + Rs.20,000/- which already paid as advance money + Rs.20,000/- as compensation as awarded i.e. total Rs. 50,000/- within one month from the date of this order failing which for non-compliance of the same and for violation of the Forum’s order, op jointly and severally shall have to pay penal interest @ Rs.250/- per day till full satisfaction of the decree.

          For adopting unfair trade practice and for deceiving the customer in such a manner and to control such practice by renowned Kundu Tirtha Special a sum of Rs.15,000/- imposed as punitive damages and same shall be paid by the ops jointly and severally before this Forum within one month from the date of this order.

          Ops jointly and severally are directed to comply the order very strictly within stipulated time failing which penal action shall be taken against the op u/s 27 of C.P. Act 1986 for which further penalty and fine may be imposed.