Date of filing : 11.08.2014
Date of S/R : 11.09.2014
Date of Order : 12.08.2015
1)Smt. Manjusree Sikder
81/1/4, Khetra Mitra Lane,
Howrah-711106
2) Howrah District Consumer Protection Society,
7, Paran Chandra Das Road, Howrah -711101………Complainants
Vs.
M/s. Global Tour and Travel,
A Unit of Bartaman Project India Ltd.,
2A, Chittaranjan Avenue, Kolkata-700 072.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak,
This is an application U/s 12 of the Consumer Protection Act, filed by the Petitioner, Smt. Manjusree praying for order directing the O.P to pay her Rs. 25000/- as refund and pay compensation of Rs. 2,00,000/- and for noncompliance 10% interest till realization.
The case of the petitioner is that she is a resident of 81/1/4 of Khetra Mitra Lane , Howrah ,711 106 and she intended to travel with O.P., M/s. Global Tour and Travel for their ‘magnificent Mongolia and Siberia tour’. She was provided with printed material showing tour price and she deposited Rs. 75,000/- as the first payment on 05.06.2013 and in the second time another Rs.75000/- on 15.06.2013 and 3rd payment made in case being Rs. 50000/- and deposited Rs. 1565 against travel insurance. She started her journey on 26.06.2013 from Kolkata Air port and at the age of 72 suffering from injuries completed her tour . The O.P. did not provide good facilities in hotel and thus there was deficiency in service on the part of the O.,P. who also took Rs. 25000/- extra from her. She wrote a letter to O.P. No. 2 to refund of her Rs.25000/- but the O.P. did not comply and thus she filed this case.
The O.P. appeared in the case and contested the case by filing a written version denying any excess payment and deficiency on their part and they submitted that the petitioner was there member of the Mongolia tour and she completed her tour with all satisfaction and filed this false case praying for extra money. The O.P. took Rs. 1,75,000/- as tour cost and Rs. 50,000/- as per itinerary . The petitioner was their old customer and so they fixed the tour cost Rs. 2,20,000/- and it was never 1,75,000/- . There was no deficiency of service or unfair trade practice on their part and this case be dismissed with cost.
On the above cases of the parties the following issues are frame :
- Is the case maintainable in the present form ?
- Has the petitioner any cause of action to file the case ?
- Whether any deficiency in service on the part of the O.P. ?
- Whether the petitioner is entitled to the reliefs as prayed for ?
Decision with reason
In support of her case she filed before this Forum one affidavit in evidence and document being her payment receipt showing that she paid Rs. 75,000/- on 05.06.2013 and again Rs. 75000/- on 15.06.2013 and again Rs. 50000/- on 22.06.2013 and Rs. 1565/- as travel insurance on 24.06.2013. She also filed some medical papers showing that she suffered injury when the O.P. did not take her proper care. She also filed one leaflet of the O.P. dated 26.06.2013 where from it is notice that the cost of the tour was Rs. 1,75,000/- . The O.P. though admitted the above facts of the tour and the petitioner being a member of the tour paying them Rs. 2,00,000/- yet by submitting another leaflet of same date on 26.06.2013 stating that the cost of the tour was Rs. 2,20,000/- for the petitioner as she was their regular customer visiting foreign county with them and never making any complain. When this Forum considers these leaflets then it is noticed that besides the tour price all the other matter in the 3 pages leaflet filed by the parties are the same . It is true that the leaflet is prepare by the Tour company and not the old lady in 72 years who never made any complain earlier though several time she had been to foreign tour with the O.P.. Besides the leaflet showing the cost of tour as 2,20,000/- the O.P.s filed no other evidence like the evidence of any other customers of the said tour or the counterfoil of the payment receipts from several customer of the said tour kept in their record in support of their claim of tour cost being Rs. 2,20,000/- . The case of the petitioner on the other hand along with the oral as well as the documentary evidences proved her case as her evidence is most acceptable showing the cost of the tour be Rs.1,75,000/- being the document of O.P. and she making payment of Rs. 2,00,000/- when it is not the claim of the O.P. tour company that she manufacturered some leaflets to get the refund of excess payment.
In view of the above discussion and findings this Forum finds that the petitioner proved her case to the hilt and she is entitled to the refund of money of Rs. 25,000/- as paid extra as well as compensation.
In the result the claim case succeeds.
Court fees paid is correct.
Hence,
Ordered,
That the Consumer Case No. 449/2014 be and the same is allowed on contest with cost of Rs. 5,000/- against the O.P.
The petitioner is entitled to get her reliefs as prayed for and the O.P. is directed to refund the excess sum of Rs. 25,000/- paid by her and also to pay a sum of Rs. 30,000/- as compensation out of which 20,000/- be deposited in the Consumer legal Aid A/c which is thought just and wise in this case and the O.P. is to comply the order within 30 days from the date of order failing total amount will carry interest @ 10% p.a. and also the petitioner would be at liberty to put the order in execution.
Supply the copy of the order to the parties free of cost.
Dictated and corrected
by me
( B. D. Nanda)
President, C.D.R.F. Howrah
