Order-9.
Date-14/12/2012.
Smt. Sangita Paul, Member.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant’s case in short is that complainant with his wife had his honeymoon trip to Thailand, Bangkok and Pataya for 5 days and 4 nights. The arrangements are made by O.P. Make My Trip India Pvt. Ltd. upon full payment as agreed along with GST booking number. The booking number being IN 1611B85231936.
Upon arrival at Subarnabhumi Airport in Bangkok, Thailand complainant was handed over a trip itinerary (tour program) where it appeared that it was 5 days and 4 nights but the trip was handed over to other tour company based in Thailand, Niz Bell Travel Service Co. Ltd. who refused to entertain our grievances. Although the payments were received by head office at Hariyana but the entire tour arrangements were done in the Kolkata office which is within the jurisdiction of the Ld. Forum. Complainant through his Ld. Advocate demanded justice from O.P. company Make My Trip India Pvt. Ltd., the service provider dated 05/07/2017 but received no reply from the company.
Complainant is a frequent travel and globe trotter and has travelling experience to Britain, France, Germany, Belgium, Netherlands, Italy, Vatican City, Austria, Switzerland, Quatar, Tanzania, Kenia, Bhutan and this time Thailand.
Complainant entirely depended upon the service provider who refused to provide adequate service. It was a 5 days 4 nights tour. The papers provided by the tour company where it was written that the span of the tour was 5 days and 4 nights. In all cases complainants are being deprived by the O.Ps. After paying money complainant is not getting adequate service. Whatever was promised in the itinerary, they smartly deviate from all those conditions. They do not think of complainant’s expenditure. To the O.Ps. money of complainant has got no importance at all. In stead of 5 nights 4 days the tour completed in 4 nights 4 days.
Being aggrieved by the tour,complainant begs to move this complaint petition on the following-
- That the complainant is consumer in the eye of Law.
- That the O.Ps. are service provider.
- That the complaint case is maintainable in this Forum in respect of cause of action and jurisdiction.
- That the O.Ps. were deficient in providing service to the consumer i.e. the complainant in this case.
- That the act of O.Ps. is unfair trade practice.
Being aggrieved by the O.Ps. complainant prays for directing the O.Ps. to pay to complainant a sum of Rs.10,000/- for undue harassment suffered due to cut short trip. Complainant also prays for directing the O.Ps. to pay complainant a sum of Rs.10,000/- towards litigation cost. Complainant also prays for a sum of Rs.7500/- as damage suffered due to cut short trip.
Notice was sent to the O.Ps. through speed post. O.Ps. were absent on 16/10/2017. On the next date i.e. 31/10/2017, O.Ps. were absent on call. No written version is filed. The O.Ps. failed to turn up to contest the case. So on 31/10/2017 the case was fixed for ex-parte hearing. Brief of Written Argument was filed by complainant on 07/11/2017. At last we proceeded for giving judgement.
Decision with Reasons
On proper consideration of the complaint petition, evidence-in-chief including other documents like photocopies of payment receipts, flight details, itinerary, letter dated 06/07/2017 it is admitted fact that complainant went out for a tour to Bangkok and Pataya for 5 days and 4 nights and complainant paid the full consideration amount of Rs.67.144 thousand. Initially complainant made payment of Rs.17,000/- on 25/11/2016. The date of departure from Kolkata Airport was 24/03/2017. At Pataya complainant stayed at CenturaHotel for two days and two nights and at Bangkok they stayed for two nights and two days. In spite of making full payment complainant and his spouse were deprived of enjoying the full trip to Bangkok and Pataya. It was only 4 nights and 4 days tour, instead of 5 days and 4 nights. In the highlights of the tour it was shown that 2 nights at Pataya and 2 nights at Bangkok, but there is no schedule for the 5th day. But in the itinerary it was written as 4 nights and 5 days Thailand Special. The amount was fixed for two persons as Rs.67.144 thousand and there is no objection of the O.P. regarding payment but the O.Ps. failed to satisfy complainant. Complainant had to come back withthe tour party. The O.Ps. cut short the trip, but none was there to hear them since the O.P. company handed over the trip to another Company and they acted as per direction of O.P. company. As full payment was done it is the duty of the organizer to complete the tour as per itinerary. As they cut the trip short no money was refunded to complainant. It may happen that due to some inconvenience, they cut the trip short, then complainant is entitled to get refund of the charge of the 5th day’s tour and hotel charge. But O.Ps. were very reluctant to think over this. Complainant sent a Lawyer’s notice on 05/07/2017 to office of the O.P. Make My trip India Pvt. Ltd. But no one from other end was to entertain the complainant. In spite of full payment the foreign trip was shortened. But O.Ps. were too negligent to consider this matter. Considering the facts and circumstances, it can be said that it has become the practice of the O.P. to deceive the customer in such a manner. As complainant is a lawyer he appeared and ventilated such act and deceitful manner of trade on the part of the O.P. and prayed for redressal. We are convinced that the complainant has been able to prove the manner of unfair trade on the part of the O.Ps. and it is clear that they have practiced unfair trade practice. O.P. has deceived complainant by taking extra money. O.Ps. failed to deliver full service, rather the deficiency in service is clear from O.Ps. activities. O.Ps. never turned up to controvert complainant’s opinion.
In view of the above findings complaint succeeds and complainant is entitled to get relief as prayed for.
Hence,
Ordered
That the complaint be and the same is allowed ex-parte against the O.Ps. with cost of Rs.10,000/-.
O.Ps. are jointly and severally directed to pay Rs.20,000/- to complainant for causing mental agony, harassment and also for causing financial loss during the tour.
O.Ps. are directed to pay the entire decretal amount within one month from the date of this order failing which for non-compliance of the Forum’s order O.Ps. have to pay penal damage of Rs.1000/- per month till full and final satisfaction of the decree and if it is collected it will be deposited to the Forum.
