West Bengal

South 24 Parganas

CC/464/2015

Dilip Mukherjee. - Complainant(s)

Versus

Mihir Kr. Ghosh ( Organiser) - Opp.Party(s)

16 Nov 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _464_ OF ___2015_

 

DATE OF FILING : 23.11.2015                     DATE OF PASSING JUDGEMENT:  16.11.2016

 

Present                         :   President       :  

 

                                        Member(s)    :    Sharmi Basu and  Subrata Sarker

                                                                             

COMPLAINANT        :     Dilip Mukherjee, 22, J.C Khan Road (Lake View), Post Mankundu, Hooghly, Pin-712136.

 

•  VERSUS  -

 

O.P/O.Ps                            :  Mihir Kr. Ghosh, (Organiser), 82-17/1, New Shyampur Setna Road, Budge Budge, Kolkata – 137, P.S. Maheshtala.

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Subrata Sarker, Member

This is an application under section 12 of the C.P Act, 1986 filed by the complainant on a ground that he intended to go for a tour at Rajasthan with Agra on 18.9.2014 to 3.10.2014 organized by “Chalo Berai Tours & Travels” of Budge Budge, Kolkata – 700 137, at the total cost of Rs.14,930/- as fixed by “Chalo Berai”. But before the scheduled date of journey the complainant got sick and advised by Doctor to take bed rest ,as he is a senior citizen. He informed the organizer of “Chalo Berai” , Sri Mihir Kumr Ghosh four days’ before the journey to cancel his tour due to his illness. He requested to refund his paid amount of Rs.14,930/- but the organizer said that he will refund only Rs.750/-. Complainant tried his level best to solve the dispute but all attempts failed even the Asstt. Director of CA & FBP also failed to resolve the dispute, for which the complaint is filed.

O.P contested the case filing written version and stated that as per rules/regulations of “Chalo Berai” no compensation for cancellation like no refund would be made if cancellation is made within 72 hours from the date of journey. He has also stated that the complainant cancelled the tour on 17.9.2014 at about 12.00 noon i.e. 35 hours before the date of journey i.e. 18.9.2014 so they did not refund the amount deposited by the complainant for the tour.

Point for decision in this case is whether there is any deficiency in service or unfair trade practice on the part of the O.P.

                                                            Decision with reasons

Although O.P has mentioned in his Evidence that it has been clearly mentioned in their leaflet that no refund will be made if cancellation is made within 72 hours. They have also mentioned that the cancellation was made 35 hours before the date of journey.

It is only mentioned in the leaflet . But no agreement was made between the O.P and the complainant to that effect.

Moreover, the complainant being a senior citizen expressed his willingness to visit Rajasthan and Agra ,the beautiful places in the country in his old age, perhaps thinking that he may not be able to visit such places when he will be more old. But it is his bad luck he could not visit the places due to his illness and waited upto the last possible time for getting well and fit for journey. But the Doctor advised him to take full bed rest. It was expected from the tour conductor that  they will consider the case of a senior citizen and refund the money deposited with them but inspite of that the O.P  wanted to refund only Rs.750/- deducting Rs.14,180/- , the reason of which has not been clarified, for which, it is

                                                                        Ordered

That the complaint case is allowed against the sole O.P.

The O.P is directed to refund the entire amount of Rs.14,930/-, deposited by the complainant  , within 45 days from the date of this order, failing which O.P has to bear the litigation cost of Rs.1000/- and compensation of Rs.1000/- which have to be paid after 45 days  of this order along with interest @9% p.a till its realization.

It may be mentioned here that if the O.P failed to comply the above order, then complainant is at liberty to execute the order through this Forum.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

            Member                                                           Member                                                                      

 

Dictated and corrected by me

                               

 

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

Ordered

That the complaint case is allowed against the sole O.P.

The O.P is directed to refund the entire amount of Rs.14,930/-, deposited by the complainant  , within 45 days from the date of this order, failing which O.P has to bear the litigation cost of Rs.1000/- and compensation of Rs.1000/- which have to be paid after 45 days  of this order along with interest @9% p.a till its realization.

It may be mentioned here that if the O.P failed to comply the above order, then complainant is at liberty to execute the order through this Forum.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

            Member                                                                       Member