Complainant by filing this complaint has submitted that op is a Tour and Travel Company engaged in tour and travel business and has been carrying on the said business for earning profits on a large scale from its office within the jurisdiction of this Forum and fact remains complainant after observing the advertisement published in the Anand Bazar Patrika (One Stop Classified) dated 26.06.2011 one of the op’s office on 29.06.2011 for their tour purposes and during discussion the ops’ person D. Mullick furnished to the complainant a printed Tour Programme for Shimla – Kulu-Manali to be commenced on and from 02.10.2011and practically said D Mullick impressed allured the complainant about their checking of the business and they also assured the complainant that Tour Programme would be very smooth, peaceful, enjoyable and successful and being satisfied with the assurance and alignment of D. Mullick complainant complainant agreed to join in the Tour Programme for Shimla-Kullu-Manali to be commenced on and from 02.10.2011 to 13.10.2011 for himself, his wife, daughter and his widowed elder sister.  During the said conversation D. Mullick told the complainant that total amount would be Rs.40,424/- for the 4 persons for that tour and accordingly on 02.07.2011 complainant paid Rs.9,000/- to the ops’ booking executive who then executed a Proposal cum Agreement with the complainant and it was mentioned therein that rate per adult was Rs.9,000/- + 2.58% (service tax).  The payment of Rs.9,000/- was acknowledged showing the balance payment of Rs.30,466/-.  After that complainant paid to the op Rs.3,000/- on 18.07.2011 and Rs.27,014/- on 13.09.2011 and all the payments were made in cash.  D. Mullick signed the receipts and complainant paid the entire amount full and finally as per their demand and at the time of contract printed Tour programm was given to the complainant.

          That subsequently complainant’s elder sister Smt Minati Dey was entitled to a concession of Rs.200/- as a senior citizen as Railway fare and the complainant and his wife and daughter are not senior citizens in the tour program so the senior citizens were asked to proof their senior citizenship.  That on 02.10.2011 the complainant and his family members wife, daughter and elder sister arrived at Howrah Railway Station about 5:00 PM for the journey though at the time of departure of Kalka Mail was scheduled at 7:40 PM.  But at about 6:15 PM one official of the op met with the complainant and handed over Train Tickets for the journey dated 02.10.2011 from Howrah to Chandigarh and for the elder sister Ticket No.626-0820371 dated 02.10.2011 for Howrah to Chandigarh and the return ticket No.222-3131672 dated 12.10.2011 for Chandigarh to Howrah.  The ops’said officials stated to complaint that the first ticket was for 6 persons including complainant, his wife and daughter and the other 3 persons were the ops’ staffs who organized the journey.  The officials left the place in a haste and thereafter complainant went to see the Railway Reservation Chart hung in the Board on the platform but he was astonished to notice that the names of his wife, daughter, and himself were not there and the names of 3 female passengers’ names but 3 unknown persons boarded the Coach No. S5 and occupied berth No.6, 8 and 72 which were said to the seats for the complainant, his wife and daughter as stated by the ops’ staff who handed over the ticket.  Complainant searched for the ops’ staff but failed and so complainant became nervous and the train moved and when he became senseless in the running train and with the help of railway police a doctor attended him in the compartment at Burdwan and doctor advised the complainant wife, daughter and sister to get an immediate admission into Burdwan Medical College Hospital at Burdwan and so complainant’s family members without having any other alternative got down with the complainant and their luggages and the complainant was admitted on 02.10.2011 to Burdwan Medical College Hospital and was discharged on 03.10.2011 with the advice of attending any other State Medical College Hospital.

          That on 03.10.2011 at about 6:00 AM the complainant was admitted to Recovery Nursing Home Pvt. Ltd. at 15/1 Jatindra Mohan Avenue, Kolkata – 700006 and was discharged on 06.10.2011 by Dr. Sanjoy Kumar Santhalia and thereafter he had to attend Dr. Prof. Shankar Saha for his medical treatment and he was taken to ICCU and other departments for his treatments and still he is under medical check-up and thus he has incurred Rs.23,758/- for his medical expenses etc.

          But op did not do anything thereafter so complainant wrote a letter to Commercial Manager, P.M.,Eastern Railway who asked the complainant to deposit Rs.750/- for that purpose and complainant deposited the said sum and thereafter the Chief Commercial Manager/P.M. Eastern Railway informed the complainant that the names of complainant, his wife and daughter for the journey by train No.12331 dated 02.10.2011 with Ticket PNR No. 645-7783330 was not for them.  Complainant found that the practically op adopted unfair trade practice and falsely supplied such tickets  and also they did nothing so they failed to comply the contract and they were harassed by the op and for which complainant has prayed for compensation and for refund of entire amount.

          On the other hand op by filing written statement submitted that complainant availed of the tour which commenced on 02.10.2011 till 03.10.2011 and 12.10.2011 op handed over train tickets (PNR No.645-7783330) for journey from Howrah to Chandigarh for 6 persons to the applicant as senior male member.  The said ticket was purchased by the op for three members of the applicant’s family and other 3 female individuals.  The another ticket for applicant’s sister Smt Minati Dey was also handed over to the applicant.  The said tickets were meant for journey from Howrah to Chandigarh and the complainant’s 4 family members boarded Delhi Kalka Mail under the direct supervision and started journey on 02.10.2011 without any complaint.  Subsequently it was reported that the 4 member of the applicant’s family including the applicant without intimation got down at Burdwan Railway Station and for that the complainant did not return the ticket bearing PNR No.645-7783330 which includes tickets for other 3 individuals.

          Due to the said act the other 3 female had to complete their journey without any railway ticket and for which the ops faced immense suffering for lack of responsibility of the complainants and the claim of the complainant is false and baseless but op is entitled to Rs.1,00,000/- from the complainant for suffering loss due to complainants’ failure.

                                             Decision with reasons

          After in depth study of the complaint including the written version and also considering the admission of the op it is found that complainant availed of the tour and paid Rs.40,424/- to the op and op has admitted it.  But they are trying to show that those tickets were reserved in their names but op has failed to produce any such paper that in those tickets the names of the complainants’ party were registered.  But actually in the said ticket names of the complainants were not there.  Moreover, complainant has proved by producing the letter of request and reply of Railway Authority that the said booking was not for against such PNR number and it is also proved from the original tickets that in those tickets no names were recorded.

          But it is known to all in all the tickets name of the parties are printed.  But in those tickets the names of the parties were not written and fact remains that ops party only handed over those tickets and thereafter went away and did not co-operate, did not look after them to satisfy that complainant as part of touring party of the op was given proper seat and whether they were feeling any disturbances or not etc and fact remains that no doubt ops had their duty in Coach No. S-5 to look after them.  But it is their only defence that they supplied the tickets to the complainant but they did not approach to the op for their problem.  But even a nonsense knows that in the reservation chart if names of the passengers are not there and in that case it is proved that it is not confirmed ticket and complainant did not find their names in the reservation sheet and op has failed to produce any paper to show that in Coach No. S-5 their seats were reserved and it was in the Reservation List. 

          On the contrary complainant by filing the reply of the Assistant Commercial Manager report of Reservation System dated 19.01.2012 has proved that Railway Authority informed Amitava Daw that the above mentioned names does not find as per their journey details during the Train No.12331 dated 02.10.2011 with Ticket PNR No. 645-7783330.  But most interesting factor is that even then this op specifically mentioned that against such PNR number the seats of the complainant was reserved that means not only ops are dishonest but they are dealing their business adopting unfair means.  They are not taking any proper checking about genuinity of the passenger ticket or the touring parties ticket and fact remains in the present case they adopted unfair trade practice and handed over a fake ticket of some other person name and complainant was not aware of seat, and did not find ops from Howrah to Burdwan (journey on about 1:45 hours) the touring parties member never met with the complainant but it is admitted by the op that he was hospitalized on that night at Burdwan and thereafter he was referred where he was treated for test and that matter cannot be denied by the op.

           Nowadays tour and travelling business holder think that it is the duty of the travelers to arrange for their journey and only they shall have to supply ticket whether it is confirmed or not that is not checked by the tour and traveler and this is the order of the day and fact remains that mad tourist are being deprived in the hands of such touring traders who are grabbing huge money giving no proper attention to the tourist and in this case it is proved that the op did not take any such step and also did not keep any watch about their proper arrangement of seats and they were not satisfied whether the complainant got their seat or not but ultimately it is proved that the travelling agency earned money from the complainant but complainant did not get any seat and in such a satiation invariably a tourist with family members must have to suffer mentally and may face immense loss for which invariably op is responsible and in this case it is proved.  This op tourist trader not only carried their business but also have adopted unfair trade practice and they also grab the entire money of the complainant by damaging the mental condition of the parties and causing health problem of the complainant also and for which no doubt for adopting unfair trade practice the complainant is entitled to entire amount along with compensation for negligent and deficient manner of service and at the same time callous attitude of the op who did not keep any care of the tourist who fell ill in the train after getting no seat though supplied ticket by the ops.

          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 pay and refund the sum of Rs.39,014/- and also a compensation of Rs.25,000/- for harassing and causing mental pain and agony of the complainant of the tourist parties and their family members and same shall be paid within one month from the date of this order failing which for each day’s delay op shall have to pay punitive damages @ Rs.500/- per day till full satisfaction of the decretal dues.

          For adopting unfair trade practice and to cheat the complainant tourist parties in such a manner even after existence of contract in between the parties op shall have to pay penalty to that effect of Rs.25,000/- which shall have to pay to this Forum within one month from the date of this order.

          Op is directed to comply the order very strictly within the stipulated period failing which the penal action shall be taken against them and to implement this order and even warrant shall be issued against them if it is found op is reluctant to comply the order of this Forum, then op is liable for it.