Judgment : Dt.8.1.2018
Shri S. K. Verma, President
This is a complaint made by one Dr. Siddharth Sarangi, son of Dr. Ramraman Sarangi, 31f, Tower 2, South City, P.S.-Jadavpur, 375, Prince Anwar Shah Road, Kolkata-700 068 against Mr. Sumit Das, Prop. Of Interlaken Holidays 43, Lake Avenue, 1st floor (Southern Avenue Area), P.S.-Lake, Kolkata-700 026, OP praying for reimbursement of Rs.50,000/- to the Complainant for deficiency in service and Rs.30,000/- as compensation for not enjoying the tour as per commitment of the OP and another sum of Rs.20,000/- as cost of proceeding.
Facts in brief are that Complainant is a Medical Practitioner who planned a vacation to go to Bhutan with two families in the 1st week of June. Complainant started enquiry from various tour operators about the tour and received quotation. His tour started from Kolkata on 6.6.2017 to 12.6.2017. The itinerary decided was from Kolkata to Hasimara by Kanchankanya Express and from there OP will take care. On 4th June, itinerary was finalized. Total charges was fixed to Rs78,000/- including hotels. Complainant was told on 5th June to transfer the entire amount of money in the account of OP. Accordingly, Complainant transferred the total money. Complainant boarded the train on 6th night and was taken to office of B.K.Travel and was kept in Damchen lodge in Phuent Sholling. Complainant was forced to pay entry fee. Thereafter, Complainant called the OP but could not reach. Complainant was not provided with comfortable transfers, meals, baggage handling and all entrance fees to museums and mineral water and three star hotel. Complainant reported this matter to OP but no solution could be obtained. So, Complainant filed this case.
OP did not contest the case by filing written version and so the case is heard ex-parte against OP.
Decision with reasons
Complainant filed a petition praying for treating the complaint petition as affidavit-in-chief and the prayer was allowed.
Main point for determination is whether Complainant is entitled to the reliefs.
In this regard, copy of the receipt reveal that Complainant paid Rs.78,000/-. Further, the allegation made by Complainant remained unrebutted and unchallenged.
So, we are of the view that Complainant is entitled to refund of Rs.25,000/- for deficiency in service and also compensation of Rs.10,000/- and litigation cost of Rs.5,000/-.
Hence,
ordered
CC/516/2017 and the same is allowed ex-parte in part. OP is directed to pay Rs.40,000/- to the Complainant within three months of this order, in default the amount shall carry interest @ 10% p.a. from the date of this order till realization.
