In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.397/2011
1) Dr. Ashis Bhattacharjee,
Pijush Kanti Ghosh Beethi,
School Bagan, Bolpur, Dist. Birbhum. ---------- Complainant
---Versus---
1) Manager / Authorized Officer representing
M/s CITI Travels,
167, B. Rashbehari Avenue, Jashoda Bhawan, No.2,
P.S. Gariahat, Kolkata-19.
2) Mr. B. Das,
167, B. Rashbehari Avenue, Jashoda Bhawan, No.2,
P.S. Gariahat, Kolkata-19. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 18 Dated 15-07-2013.
The case of the complainant in short is that it was a long cherish dream of complainant’s to visit Andaman, land of National as well as natural history and accordingly the o.p., M/s CITI Travels was asked over phone in January, 2011 to book LTC return air tickets with Indian Airlines for Kolkata – Port Blair, journey dt.10.3.11, return – 16.3.11.
The itinerary of the flight tickets for journey on 10.3.11 from Kolkata to Port Blair and return on 16.3.11 by Indian Airlines were received by e-mail on 13.1.11.
The itinerary dated 13.1.11 proves beyond doubt that the o.p. took initiative in arrange the tickets.
The e-tickets of the journey on 10.3.11 from Kolkata to Port Blair and return on 16.3.11 by Indian Airlines were received.
The bill of Rs.64,509/- for the payments of air tickets meant for the journey was received.
The amount of Rs.20,000/- was paid by cash from Axis Bank, Bolpur to M/s CITI Travel’s account at Axis Bank, Golpark Branch, Kolkata as per direction of the o.p. on 22.1.11. and other Rs.44,509/- was paid by cheque in the same process to the o.p. on 5.2.11 asking of the o.p. for the fare charge etc. An amount of Rs.5000/- was paid to Rahul Pal as their charges.
But ill luck as it is would have been the Madhyamik Exam 2011 (where the son of the complainant happens to be a candidate) was rescheduled clashing the journey that compelled the cancellation of the same in February, 2011.
The tour programme was deferred to April, 2011 and accordingly Mr. B. Das of o.p. was asked over phone to change the dates of LTC return air ticket with Indian Airlines for Kolkata – Port Blair –Kolkata the journey being 21.4.11 and return being 27.4.11.
The tour itinerary at the Andaman during 21.4.11 to 27.4.11 by M/s GEETA Tours & Travels was received in due course on 9.3.11.
The e-ticket of the journey was also received by e-mail in due course.
Complainant received a bill dt.12.3.11 of Rs.5500/- as charge for change of dates on 18.3.11 through post.
Mr. Das of M/s CITI Travels was asked over phone to book LTC return air tickets with Air India for Kolkata – Port Blair for the rescheduled journey on 3.10.11 and return on 10.10.11.
Complainant issued letter to o.p. no.1 on 26.5.11 asking the delivery of air tickets. Complainant sent e-mail on 6.6.11 asking the delivery of air tickets, bills and adjustments once again.
The itinerary of the flight tickets for journey on 3.10.11 from Kolkata – Port Blair and return on 10.10.11 by Air India were received by complainant on 13.6.11 but not the e-tickets. The bill of Rs.86,348/- for payment for air tickets dt.13.6.11 for the journey ticket was received through e-mail from the o.p. but the bill amount being too high.
The o.p. sent the same bill of Rs.86,348/- again dt.13.6.11 for payment regarding the above stated journey and the same was received on 21.6.11. The o.p. sent the rectified bill of Rs.78,857/- dt.13.6.11 which was received on 27.7.11. On 6.8.11 o.p. admitted that they have not booked tickets.
Complainant wrote letter to Mr. B. Das, the o.p. again on 13.8.11asking to refund the money but not to result as yet.
Ultimately the o.p. sent cheque dt.3.11.11 for Rs.48,408/-.
Complainant claimed to return his money paid as advance amounting to Rs.64,509/- with interest @ 15% p.a. till the final payment less Rs.48,408/- paid vide cheque dt.3.11.11. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that the itinerary of the flight tickets for journey on 10.3.11 from Kolkata to Port Blair and return on 16.3.11 by Indian Airlines were received by e-mail on 13.1.11. And the e-tickets of the journey on 10.3.11 from Kolkata to Port Blair and return on 16.3.11 by Indian Airlines were also received.
We further find that the bill of Rs.64,509/- for the payments of air tickets meant for the journey was received. And ill luck as it is would have been the Madhyamik Exam 2011 (where the son of the complainant happens to be a candidate) was rescheduled clashing the journey that compelled the cancellation of the same in February, 2011.
It is seen from the record that the tour itinerary at the Andaman during 21.4.11 to 27.4.11 by M/s GEETA Tours & Travels was received in due course on 9.3.11 and the e-ticket of the journey was also received by e-mail in due course.
It is also seen that Mr. Das of M/s CITI Travels was asked over phone to book LTC return air tickets with Air India for Kolkata – Port Blair for the rescheduled journey on 3.10.11 and return on 10.10.11.
Thereafter, complainant issued letter to o.p. no.1 on 26.5.11 asking the delivery of air tickets. Complainant sent e-mail on 6.6.11 asking the delivery of air tickets, bills and adjustments once again. And the o.p. sent the bill of Rs.86,348/- again dt.13.6.11 for payment regarding the above stated journey and the same was received on 21.6.11. The o.p. sent the rectified bill of Rs.78,857/- dt.13.6.11 which was received on 27.7.11. On 6.8.11 o.p. admitted that they have not booked tickets.
It transpires from the record that complainant wrote letter to Mr. B. Das, the o.p. again on 13.8.11asking to refund the money but not to result as yet. Ultimately the o.p. paid cheque dt.3.11.11 for Rs.48,408/- and thereafter complainant claimed to return his money paid as advance amounting to Rs.64,509/- with interest @ 15% p.a. till the final payment less Rs.48,408/- paid vide cheque dt.3.11.11.
In view of the findings above and on perusal of the entire materials on record we are of the views that o.ps. had sufficient deficiencies in service being service provider to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to refund a sum of Rs.48,468/- (Rupees forty eight thousand four hundred sixty eight) only towards money paid in advance to the complainant and are further directed to pay compensation of Rs.25,000/- (Rupees twenty five thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
