Order-13.
Date-30/11/2015.
In this complaint Complainant Gour Hari Patra by filing this complaint has submitted that complainant attended the office of the op where he came to know from the staff of op that op prepared a tour programme at North India for 11 days.Complainant and his wife Arati Patra expressed their intention to go for a tour for North India for 11 days commencing from 10.10.2014 to 20.102.2014 as per schedule of op and the total cost of the tour was Rs. 25,685/- accordingly and complainant paid in advance of Rs. 7,000/- by a cheque bearing No. 033795 dated 04.08.2014 drawn in IDBI Bank, Mecheda Branch and for that purpose op issued a receipt No. JAP00000169/04/08/2014 dated 04.08.2014 and also the said cheque was encashed on 09.08.2014.
Suddenly the complainant’s wife Arati Patra had a heart attack on 19.09.2014 and for which complainant took her wife at Sri Satyhya Sai Institute of Higher Medical Science, Andhra Pradesh.In such circumstances, complainant informed the fact to the op by SMS on 19.09.2014 and also by a letter on 23.09.2014 requesting the op to suspend the journey till further information from complainant’s end.
Further complainant visited the office of op on 26.11.2014 and requested to op to fix up the next journey commencing from 26.12.2014 to 05.01.2015 (11 days) and op accepted the proposal of complainant and then complainant again paid Rs. 26,000/- by a cheque no. 006677 dated 26.11.2014 drawn in Union Bank, Haur Branch and in lieu of that op issued a receipt bearing no. 157 dated 26.11.2014 and the said cheque was duly encashed on 03.12.2014.But on the commencement date of the tour i.e. 26.12.2014, op informed the complainant that the scheduled journey on 26.12.2014 has been cancelled and when the complainant wanted to know the reason for cancellation, op declined to express the reason for cancellation.
In such circumstances, complainant finding no other alternative lodged a diary to the Bowbazar Police Station on 24.02.2015 and also complainant requested the op to refund the entire tour advance amount of Rs. 33,000/- over phone but op also declined it.Complainant also drew the attention of the matter to the Asstt. Director, CA&FBP, Kolkata Central Regional Office, Kol-01 to solve the dispute, but no result.In such circumstances, Asstt. Director advised the complainant to lodge a complaint to legal Forum for redressal of grievance.So, complainant filed this complaint for getting refund of his advance amount of Rs. 33,000/- and also for litigation cost and compensation for harassment etc.
On the other hand op BabluKarmakar by filing an application submitted that he is a reputed businessman in his locality with the construction of buildings and when he received the summon to appear before this Forum, he mentioned that he was no way connected with Jana AjanarPathe the tour operator.But complainant submitted to the Ld. Forum that op BabluKarmakar has connection with the tour operation business under the name Jana AjanarPathe.So, later he is made a party in the instant case. But op BabluKarmakarprayed that this Ld. Forum may graciously be pleased to pass necessary order for expunging his name from the case as he was no way connected with the tour business in any manner.
Further the tour operator had arranged a tour to Rajasthan where this op had no connection in that business and the matter on record is deemed to be denied and disputed by op and for wrongful gain complainant made this complaint against this op. The prayer and the relief as sought for by the complainant are not at all tenable in the eye of law and the present complaint is vexatious, meaningless. So, the op called for the complainant to strict proof of the same against this op. In such circumstances, op prays that this vexatious claim against this op is liable to be dismissed with cost.
Decision with reasons
On proper consideration of the complaint and objection of the op BabluKarmakar and further hearing the Ld. Lawyer of the op and the materials on record, it is found that no doubt complainant paid advance amount of Rs. 33,000/- by cheques vide Cheque No.033795 dated 04.08.2014 for Rs. 7,000/- and further by a Cheque bearing no. 006677 dated 26.11.2014 for a sum of Rs. 26,000/- and op received it by issuing Receipt dated 04.08.2014 and 26.11.2014 and said cheques were encashed on 09.08.2014 and 03.12.2014 and said amount was spent for the schedule tour on 26.12.2014 but that has not been cancelled and no doubt there was no fault on the part of the complainant in this regard. Cancellation was made by the op and in fact op thereafter refused to refund the same. But ultimately they avoided to repay the same and no doubt such sort of act on the part of the op is negligent and deficient manner of service and at the same time it tantamounts to unfair practice and deceitful manner of trade.
Anyhow BabluKarmakar has tried to convince that he is no way related to this saidbusiness. But he is a developer and his name is wrongly included. But after considering the complaint and the submission of the complainant we have gathered that this BabluKarmakar has been conducting the said business from the said BiswanathAbasan Pvt. Ltd. Practically his name is also added because he is also engaged in promoting business by running the said business. So, under any circumstances, the plea of the op BabluKarmakar cannot be no way believed.
On the other hand we find that there was no cause on the part of the complainant to show the name of the BabluKarmakarfalsely, ifBabluKarmakarwas not involved with the business and when it was run by him from another address.
Most interesting factor is that very recently many cases have been filed against Jana AjanarPathe and in some cases it is found that the ops have closed their all establishment even they are not staying in their houses and that is the report of the police in some other cases and when notice was duly served upon BabluKarmakar, he took such a plea. But BabluKarmakar is one of the main key of the said business and even after such an act, BabluKarmakar adopted unfair practice to tell a lie before this Forum.
But we are convinced that business is also run by BabluKarmakar. So, question of expunging the name of BabluKarmakar does not arise. At the same time BabluKarmakar did not file evidence etc. and in fact on the half-way op left the fray and in the circumstances the case was proceeded and argument was heard finally and accordingly we have decided the case on merit holding that the complainant has been deceived by the op and there is no question of expunging the name of BabluKarmakar as karta of the said business Jana AjanarPatheso he is equally liable to repay the same when it is proved that the entire tour programme was cancelled by the op Jana AjanarPathe and op practically deceived the complainant and thereby they have adopted unfair trade practice for which the complainant is entitled to get back the entire amount.
At the same time complainant is entitled to get compensation because he has been harassed much at the same time he is deceived by the op for which the complainant is entitled to litigation cost on the ground that op did not refund the same and complainant was compelled to appear before this Forum to proceed with the case.
In the result, the complaint succeeds.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest with cost of Rs.10,000/- against the op.
Op is hereby directed to refund the entire amount of Rs.33,000/- and also to pay penal damages of Rs. 10,000/- to the complainant for harassing the complainant and for adopting unfair practice.
Accordingly op is directed to pay a total sum of Rs.33,000/- advance paid amount + Rs.10,000/- as litigation cost + Rs.10,000/- as penal damages to the complainant i.e. total Rs.53,000/- to the complainant within one month from the date of this order failing which penal interest at the rate of Rs.200/- per day shall be assessed 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 this order, in that case, penal proceeding shall started for which 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 the op.
