Judgment : Dt.9.2.2018

Shri Ayan Sinha, Member

            This is a complaint under Section 12 read with Section 13 and 14 of the C.P.Act, 1986 made by Sukla Saha, wife of Lt. Pradip Saha, residing at 50, Garfa Main Road, Haltu Bazar, Shyamal Apartment, Flat No.8, Kolkata-700 078 (Complainant No.1), and Sima Sen, daughter of Lt. Nil Ratan Sen, residing at 110/5/G, Sarat Ghosh Garden Road, 1^st floor, Kolkata-700 031 (Complainant No.2) against M/s Kasturi Tour and Travels, represented by its proprietor Kaushik Das, having its office at 7/1, Fern Road, P.S.-Gariahat, Kolkata-700 019 (OP No.1) and Kaushik Das, residing at 98F, Ballygunge Gardens, P.S.-Gariahat, Kolkata-700 019, praying for a direction upon the OPs to refund the amount of Rs.89,000/- along with interest @ 18% per annum with effect from 27.12.2016 till realization of the said amount, a cost of Rs.30,000/- and Rs.1,00,000/- for compensation and damages for adopting unfair trade practice upon the Complainants.

            Facts in brief are that both the Complainants are sisters by relation and OPs are engaged in business of tour and travels and also used to book hotels and tickets in air and train.

            The Complainant No.1 along with her son and daughter-in-law with the Complainant  No.2 had planned to visit Leh Ladakh during the Durga Puja holidays in 2017 and accordingly approached OPs for booking of flights and hotels for the said tour.

            The itenarary made by OPs for the said tour includes flight fare from Kolkata to Leh via Delhi on 19.9.2017 and return flights Leh to Kolkata via Delhi on 27.9.2017 for four passengers namely Sukla Saha, Uttya Saha, Keka Chakraborty and Sima Sen along with 8 nights hotel stay for two rooms in double accommodation basis at Leh, Nubra and Pang Gong Lake, etc. As charged by the OPs, the Complainant paid Rs.89,000/- to OP in two cheques dt.27.12.2016 and 29.12.2016. Thereafter, the OPs did not handover the flight tickets and hotel booking details to the Complainant and always tried to avoid the plea of Complainants. The Complainants sent one demand notice on 4.9.2017 through their daughter-in-law who is their Advocate for handing over the booking details. The schedule departure dt.19.9.2017 arrived and in spite of making payment, when the Complainants were not supplied with any booking details by the OP, finally sent another notice through their Advocate on 21.9.2017 for refund of the money. The OPs did not respond to this letter and thus the Complainants filed this case. Notices were served to the OPs but the OPs did not appear by filing written version.

            Main point for determination

1. Whether Complainants are consumers?
2. Whether there was a deficiency of service by OP?

Decision with reasons

            On perusal of the records, it appears that the Complainant No.1 has paid Rs.49,000/- vide cheque No.815121 to OP Kaushik Das on 29.12.2016 and Complainant No.2 has paid Rs.40,000/- vide cheque No.988812 on 27.12.2016 against which a reservation slip No.206 was issued by OP Kasturi Tours and Travels. In this regard, the Complainant has filed 2 original Bank Pass Books and Reservation Slip No.206. The reservation slip No.206 clearly states that the OPs have received Rs.89,000/- showing balance amount NIL for Leh and Ladakh for 8 days with 2 rooms package which includes Hotel and Flight from Kolkata, departure on19.9.2017 and arrival Kolkata on 27.9.2017, for Uttiya Saha, Sukla Saha, Sima Sen and other. So, there is no doubt that Complainants are consumers. The Complainants have also filed original legal notices dt.4.9.2017 and 21.9.2017 along with postal receipts showing the said notices were sent to OPs.

            After considering the facts and records, it also appears that OPs have deficiency of service since after accepting the money from Complainants they have failed to conduct the tour and we understand the pain and mental agony suffered by the Complainants and her family for depriving the Complainants of enjoying the Durga Puja holidays.

            Since the allegations remain unchallenged and unrebutted, we are of the view that the Complainants are entitled to the reliefs. The Complainants have also prayed 18% interest on Rs.89,000/-, cost of Rs.30,000/- and also compensation of Rs.1,00,000/- which, we understand, is exaggerated. In our opinion, if a direction upon OPs be given to refund to the Complainants with Rs.89,000/- i.e. the actual booking   amount and a cost Rs.30,000/- as compensation and damages, justice would be served.

            Hence,

ordered

            CC/630/2017 and the same is allowed ex-parte in part against the OPs.

 The OPs are directed to pay Rs.89,000/- out of which Rs.49,000/- to the Complainant No.1 and Rs.40,000/- to the Complainant No.2.

The OPs are also directed to pay Rs.30,000/- to the Complainants (i.e. Rs.15,000/- each to Complainant No.1 and Complainant No.2). In default, the total amount of Rs.1,19,000/- shall carry an interest @ 10% p.a. from the date of this order till realization.

            The liabilities of OPs are joint and several.