Order No.                 .

This is an application u/s.12 of the C.P. Act, 1986.

          Attracted by the lucrative advertisement the complainant contacted with the OP2 and OP3 i.e. Mr. Dilip Banerjee alias Mr. Deep Banerjee and Smt. Bakul Sen.  The OP2 is a tour organizer.  He runs a business of organizing tours throughout the country.  OP3, Smt. Bakul Sen works for gain at Mr. Banerjee’s organization, Safari Point.  The complainant went to the OP2’s office for selecting place and date of journey and also the fare of journey accordingly.  The complainant went to the office and after a discussion, it was decided that they would visit Kashmir and Vaishno Devi for 15 days.  OP2 charged Rs.7,800/- for boarding lodging, meal and train fare per head.  Altogether a sum of Rs.23,400/- was charged for the complainant, his wife, his old mother but the no charge was taken for his two-year old daughter. 

          Complainant deposited a sum of Rs.7,500/- as advance payment on 05-08-2013 i.e. on the first day of meeting with OP2 and OP3.  On proper receipt issued by OPs2 and 3 having receipt No.336.  The details of the journey, name of the complainant, the amount paid, the amount outstanding, everything was recorded in the receipt including scheduled date of journey on 17-11-2013.

          After 25 days of the first meeting. i.e. on 30-08-2013 OP3 Smt. Bakul Sen came to the complainant’s house at 28, Tarkasiddhanta Lane, P.O. & P.S. Bally, Dist-Howrah to collect the outstanding amount of Rs.15,900/- only and in spite of having some personal difficulty, complainant paid the outstanding amount of Rs.15,900/- only to the OP3 for the said tour to Kashmir and Vaishno Devi.  This time also the complainant received a money receipt of No.107 from Smt. Bakul Sen(OP3) who confirmed the scheduled to commence on 17-11-2013 and the return date was 30-11-2013.

          The complainant submits painfully that on 14-11-2014, the complainant was informed over phone that the scheduled tour of Kashmir and Vaishno Devi had been cancelled when asked, the OP3 disconnected the phone without giving any reply.     

          Thereafter, the complainant tried to contact with Mrs. Bakul Sen(OP3) over phone for several times, but OP3 did not attend the phone.  After one call, the OP3 switched off her mobile.

The complainant also called the proprietor of M/s. Safari Point, i.e. Mr. Dilip Banerjee, alias Mr. Deep Banerjee on 15-11-2013.  When asked, the proprietor of the tour agency failed to give any justified and satisfactory answer to the complainant.  Not only that the complainant was not given any specific date as to when the money would be returned.

          After the cancellation of tour, the complainant called OP2 for refund of money.  OP2 promised to repay the same.  the complainant was told that further communication would be made by post.  But the complainant failed to receive any answer from the OP2 till the date of lodging the complaint to the Forum.

          The complainant filed a complaint at Burtolla Police Station on 18-09-2013 against OP2, Mr. Dilip Banerjee Alias Deep Banerjee, the proprietor of the tour agency and OP3, Mrs. Bakul Sen, who is an employee of Mr. Banerjee’s tour company.  But the police station was reluctant to take any step against OP2.

          On the contrary, the OP2 filed injunction at City Civil Court against the complainant along with few others with an intention to restrain the complainant and others, so that they cannot disturb OPs2 and 3.

          Meanwhile the complainant came to know that a similar case was lodged against the OPs by others in this Ld. Forum.  The whole trip was cancelled due to willful and deliberate negligence of the OPs.  The complainant and his family members suffered mental agony and financial loss.  The complainant suffered humiliation and harassment, for which he had no fault.  He has paid the full amount in two terms.  But Mr. Dilip Banerjee said in the said proceedings that he was a defaulter, so the tour was cancelled.  OP3 made all these statements to conceal his own guilt and misdeeds.  The complainant states that he paid in full by two instalments.  In spite of paying the money their whole holiday trip was jeopardized.  So, the complainant demands a compensation of Rs.50,000/-.  The complainant suffered financial loss.  He paid Rs.23,400/- for journey, he got nothing in return so the complainant also demands that amount. Altogether Rs.73,400/- is to be given to the complainant with an interest @18% p.a. till realization of the said sum.

          OPs 2 and 3 did not turn up to contest through notices were sent by post but the notices are not claimed by them that means they refused to accept it. The OPs do not feel to attend the Ld. Forum.  The OPs did not take any step in this regard.  So, the fact remains that they tried to avoid the proceedings of the court.  They do not pay heed to the court’s notice. 

Decision with Reasons

On proper study of the complaint and the Evidence-in-Chief, it is revealed that from the publication of the advertisement, that they have published a lucrative advertisement in the newspaper.  They mentioned about tour of various places all over India.  They even mentioned the time of the year when they will arrange for tour the rate per head was also mentioned along with the different tour and it simply proves that they are habituated in organizing the journey.  Being allured by the advertisement in the newspaper, the complainant was inclined to have a tour to Kashmir and Vaishno Devi.  Accordingly, he visited the office of the tour organizer situated at Arabinda Sarani, Kolkata – 700 006.  After consultation with OP2 and OP3 it was decided that Kashmir and Vaishno Devi would be the right place to visit.  The complainant paid Rs.7,500/- out of Rs.23,400/-.  The rate per head was Rs.7800/-.  The complainant was told to pay Rs.15,600/- before the commencement of the trip.  But that amount was collected by the employee of the tour office, Smt Bakul Sen preceding three days of the commencement of the tour, but the complainant was informed over phone that the tour has been cancelled, but no reason was cited.  All the arrangements of the complainant went in vain.  The complainant and his family members were totally frustrated and they received a mental shock but no hope of refunding money was given by the tour organizers.  After repeated calls, they told that further communications would be made by post, but not a single letter was sent by the OP2.  Not only that they were not in a position to receive the court’s summons.  On the other hand, the complainant was in a state of mental agony due to loss of money, but they failed to understand when and how, he would get the money back when the tour was cancelled.  If he did not get the money, he would fall in trouble.  If the money would be recovered, he ought to have attended another tour.

          But considering the negligent attitude of the OPs it is proved that there is no chance of getting the sum of Rs.23,400/- back, because OP2 and OP3 have not appeared.  Even OPs did not feel it important to answer the queries of the complainant, at least to pacify the complainant by giving a right answer.  OP2 who is the proprietor of the tour organizer’s office could not be contacted, though he informed the complainant that henceforth, all communications would be made with the complainant by post, but the complainant did not get any information till the lodging of the complaint.  This is no doubt an unmerchantable trade practice.  A journey may be cancelled for several reasons, but the complainant has every right to know the reason, because the amount was paid in full and so conduct of the OPs proves that they tried to deceive the complainant having their no intention of paying the money back but their avoiding tendency, deficient manner of service of OP3 caused mental agony to the complainant and his family members.  Regarding the refund of money, they are kept silence after grabbing the money have disappeared what proves that they take the money from the customers but no intention of providing adequate service what is called fraud practice which is adopted by the OPs.  If this practice is being continued within a short span of time, OPs shall have to deceive many customers in such a fashion and such an unfair trade practice cannot go on for unlimited period of time so, they must be penalized for their unethical activities.

          The complainant spent a lump sum amount for a tour to Kashmir and Vaishno Devi, but the OPs deceive and, they failed to organize the tour and did not mention when they would refund the money. 

          Truth is that the injunction was sought for restraining the complainant along with 12 other tour parties who were deprived by the OPs, so that they may not proceed with any complaint under C.P. Act and said conduct of the OPs prove that they have adopted unfair trade practice.

          In fact complainant could not imagine even in their distant dream that dealings of the OPs are deceptive in nature.

For gaining trust, they made lucrative advertisement and opened a shop to catch customers and after receipt of money, they could not be traced in any way when they escaped leaving the shop closed.  In fact, their activities may very well be compared with a cheat fund, who take money from the customers and at the time of return, it is found that the organizers are not traceable and establishment is under lock and key and same practice is adopted by the OPs to deceive the customers which is no doubt unfair trade practice.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on ex parte with a cost of Rs.10,000/- (Rupees Ten thousand only) and to pay back the deposited amount of Rs.23,400/-(Rupees Twenty three thousand four hundred only) to the complainant within one month and the OPs are further directed to pay compensation amounting to Rs.10,000/-(Rupees Ten thousand only) for causing harassment, mental pain and agony to the complainant.

          OPs are also imposed penalty of Rs.15,000/- for adopting unfair trade practice which shall be deposited to this Forum.

          OPs are directed to comply the order very strictly within 30 days from the date of this order failing which for each day’s delay and disobedience of the Forum’s order OPs shall have to pay penal interest @Rs.200/- per day till full satisfaction of the decree to this Forum.

          If the OPs are found reluctant to comply Forum’s order in that case penal proceeding u/s.27 shall be started against them.