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. 268 / 2011.
1) Sri Samir Kumar Sarkar and
2) Mrs. Mamata Sarkar of
11C/5, Anupama HSG Complex, V.I.P. Road, Kol-52. ---------- Complainant
---Versus---
1) Mrs. Mandira Bose, Tour ‘N’ Style Pvt. Ltd.,
4, Jatin Bagchi Road, Kolkata-700029. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 14 Dated 18/05/2012.
The petition of complaint has been filed by the complainants Mr. Samir Kumar Sarkar and Mrs. Mamata Sarkar against the o.p. Tour ‘N’ Style Pvt. Ltd. The fact of the case in short is that complainant desired to visit UK and for which they have contacted o.p. for purchasing of tickets for to and fro journey Kolkata-UK-Kolkata and requested them to make necessary step for arrangement of visa in favour of them. Thereafter, o.p. handed over two tickets for the aforesaid journey of ‘V’ category of economy class. However, complainants further stated that he got the visa of his own not with the help of o.p. Complainants alleged that the tickets which were handed over by o.p. were ‘V’ category economy class tickets for which they would compel to fix their date of journey and date of return for a particular date and alteration of date is not permissible under ‘V’ category ticket. However, complainants started their journey from India on 21.1.11 and supposed to be returned on 9.7.11 by virtue of the aforesaid tickets handed over by o.p. to complainants. Thereafter, suddenly on 16.2.11 the daughter of complainants demised, so they were compelled to return to India immediately after having the said sad news.
Thereafter, complainants contacted with o.p. for making their arrangement to come to India immediately with the aforesaid tickets. O.p. informed complainants that some penalty had to be paid by complainants for alteration of date for return journey from UK to India. Ultimately complainants had to pay a penalty in Indian currency of Rs.39,400/- for cancellation of the date of journey from UK to India. Thereafter, complainants came to India at 2-30 a.m. at Delhi Airport on 3.4.11 by canceling the return journey instead of 9.7.11. Hence the instant case filed by complainants with the prayer contained in the prayer portion of the petition of complaint.
O.p. had entered its appearance in this case by filing w/v and denied all material allegations labeled against them and ld. lawyer of o.p. submitted that they issued economy class tickets to complainants and complainants have no case at all and the instant case is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. It is fact as we find from the materials on record that complainants asked for tickets from o.ps. in economy class for journey Kolkata-UK-Kolkata and o.p. handed over ‘V’ category tickets to complainants without making complainants aware of the advantage and disadvantage of ‘V’ category tickets of economy class, although complainants asked for economy class tickets the meaning thereby that complainants did not opt for ‘V’ category of tickets and as a result of which complainants had to face awkward situation and had to pay profuse penalty as the situation demanded and had it been economy class ticket only all such inconvenience would have been averted. The plea taken by o.p. is not acceptable simply because nothing should be taken for granted and o.p. ought to have explained in details about ‘V’ category ticket of economy class as mentioned above and had the position been made known to the complainant they would not obviously opt for ‘V’ category tickets.
So, in view of the facts and circumstances stated above and on perusal of the entire materials on record we find and hold that o.p. had sufficient lapse on their part and it amounts to immense deficiency on the part of o.p. being a service provider to its consumers / complainants and complainants are entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest in part with cost against the o.p. O.p. is directed to pay a sum of Rs.39,400/- (Rupees thirty nine thousand four hundred) only which was paid by complainants for alteration of dates for return journey from UK to India since o.p. handed over the complainants ‘V’ category tickets of economy class which complainants never opted for. O.p. is further directed to pay compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only. O.p. is also directed to comply with the aforesaid order within 45 days from the date of communication of this order, i.d. an interest @ 9% 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.
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MEMBER MEMBER PRESIDENT
