Order-11.

Date-17/12/2015.

In this complaint Complainants Pinkee Deb and Kabita Deb by filing this complaint have submitted that complainants came to know from the advertisement/website of the op that op used to conduct package tour from Kolkata to Katmandu at total package of the Tour was Rs.26,000/- and commencement of the tour was from 06.03.2015 to 14.03.2015.  Accordingly complainant went to the op and after conversation, complainants paid Rs.10,000/- as advance through online Bank A/c No. 00000020061890821/IFSC Code SBIN 0001748 Manik Ghosh, Bagri Market Branch of SBI, Kolkata.  Complainant paid that amount on 05.01.2015 and op received the amount.  But curiously enough to note that on 03.03.2015 complainant no.1 received a telephone call from the op stating that the package tour has been cancelled.

          So, complainant went to the office of the op and on several occasion from April-2015 to June-2015 requested to refund the amount but op did not agree to refund and ultimately vide a letter dated 24.07.2015 again requested to refund the amount of Rs. 10,000/- within 7 days from the date of receipt of the letter and that letter was received by op on 25.09.2015.  But despite receipt of the letter, op remained silent and for such deceitful manner of activities and for negligent and deficient manner of service complainants appeared before CA & FBP, Kolkata R.O. to approach legal Forum for redressal but that matter could not be properly mediated for negative attitude of the op.  So for proper redressal complainant has appeared before this Forum and prayed for redressal.

          Notice was duly served upon the op and thereafter on 05.10.2015 op submitted in writing before this Forum that he shall have to pay the same on the next date and the next date was fixed on 29.10.2015.  But op did not pay the said amount and did not contest this case.  So, the present complaint is heard exparte finally.

Decision with reasons

          On proper consideration of the complaint and the allegation of the complainant, it is found that complainants’ main allegation is that they deposited a sum of Rs. 10,000/- as advance for a package tour for Katmandu for the period from 06.03.2015 to 14.03.2015 and that amount was received by the op and thereafter op cancelled the tour that was reported to the complainants on 03.03.2015.  Thereafter op did not refund the said amount even after repeated requests made by the complainants and even after making complaint before CA&FBP, Kolkata R.O. for which complainants prayed for redressal.

          No doubt op appeared personally and that fellow is Manik Ghosh on behalf of Ghosh Special and he appeared on 05.10.2015 and he personally submitted a prayer for permitting him to pay the same on the next date which was fixed on 29.10.2015.  In fact as per admission of the op vide their letter dated 05.10.2015, written in their pad of Ghosh Special, we are convinced that the allegation of the complainant is confirmed and op expressed before this Forum in writing that they shall have to pay the same by the next date that is on 29.10.2015 but ultimately they did not turn up.

          So, considering that fact, it is clear that on admission of the op dated 05.10.2015 decree can be passed and relief can be granted as such.  But even after admitting that they shall have to pay the same, they did not turn up and ultimately this final order is being passed on admission.  Accordingly this complaint succeeds on admission of the op filed by the op Manik Ghosh in writing on 05.10.2015.

          Hence, it is

ORDERED

          That the complaint be and the same is allowed on admission of the op with cost of Rs. 2,000/-.

          Op is directed to pay the entire amount of Rs. 10,000/- to the complainants within one month from the date of this order, failing which for non-compliance of the Forum’s order, op shall have to pay penal damages to the extent of Rs.1,000/- per month till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.

          Even if it is found that op is reluctant to comply the order, in that case op shall be prosecuted u/s 25 read with section 27 of C.P. Act 1986 for which further penalty and fine shall be imposed upon op.