Order-27.

Date-14/09/2015.

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

          Complainant by filing this complaint has submitted that complainant intended to enjoy a tour at different places of Rajasthan and Gujarat and at the relevant time OP 2 through their proprietor ship firm of OP1 who runs a business of conducting package tours for his gains whereby he offers to conduct tour to various places, duly bundling/including the places to be toured into various packages, sector wise, to the members of the public and to that effect an advertisement was released by OP1 on 14-07-2013 and per package tour for per member price was fixed for Rs.13,500/- and that was published in Ananda Bazar Patrika on 14-07-2013 after observing the said advertisement along with other members individually visited the office of the OP1      wherein the OP2 had personally talked with them about entire proposed tour package of 19 days and starting from Howrah and ending at Howrah, covering various places  at Rajasthan and Gujarat was scheduled to be started on 20-10-2013 and to that effect a leaflet/brochure of the said package tour was supplied and complainant were asked to pay that amount to the OP and in the said package tours, management, arrangement and expenses of all the aspects of the tours including booking of Hotel Rooms and payment of its tariffs, ticket booking for visiting all the places by rail or road, arrangement of food etc. would be paid by the OPs by deploying a tour manager being provided with adequate fund for conducting the scheduled tour with all their helpers etc.

          Based on the detailed and specific offer made by the OPs through print material duly releasing advertisement of the said offer of package tours in Newspapers and also after receiving the detailed leaflet/brochure the complainants 1 and 2 jointly paid Rs.25,000/- towards the price of the tours for two persons being the complainants 1 and 2  at the rate ofRs.12,500/- each with a discount of Rs.1,000/-  each and complainant no.3 paid Rs.13,500/- for taking them to Rajasthan and Gujarat by the OPs on the scheduled dates to the scheduled places as detailed in the above leaflet/brochure and after receiving the payments from the complainants, money receipts were issued to them and an itinerary for conducting the said tour starting on 20-03-2013 from Howrah Station and ending on 07-11-2013 at Howrah Station was handed over to the complainants. 

          Thereafter, complainant was informed by the OP2 and one of the employees of the OP1 being one Ms. Bakul Sen, that tickets for the complainants along with other tourists, for travelling to Ahmedabad by Kabiguru Express leaving Santragachi Station on 20-10-2013 to take up the said package tour for Rajasthan and Gujarat has been booked by the OPs and they were told to arrive at the Santragachi Station on the scheduled dated of 20-10-2013 at scheduled time.

          While informing after the name of the train and place of boarding he train, the OP2 and the said employee of OP1 had assured the complainants that a Tour Manager/Conductor/Operator along with cook, utensils and other materials and few staffs will accompany them till the completion of the tour.

          On scheduled date of journey being 20-10-2013, complainant along with other tourists of the said tour to be conducted by the OP had arrived at Santragachi Railway Station when the said employee of the OPs Ms. Bakul Sen appeared and handed over the reserved Railway Ticket with PNR No.652251037 for the complainants for reaching Ahmedabad by Kabiguru Express leaving Santragachi Railway Station on 20-10-2013 and she also handed over the waitlisted return tickets of the complainants for boarding the ANVT SRC Spl. Train on 05-11-2013 at Anand Vihar TRM Railway Station for reaching Santragachi Railway Station on 07-11-2013 and complainant were asked by the said employee of the OPs to board the above train when it arrives at the Santragachi Railway Station and also assured that the Tour Manager and other staff members have already arrived at the Santragachi Railway Station to board the said train and will meet the complainants after the train starts and complainants were also assured that their waitlisted return tickets will certainly be confirmed when the time will arrive for their return. 

          During the entire travel of train from Santragachi to Ahmedabad neither any Manager nor anybody else from the OPs met the old aged female/male complainants as per the assurance given by the OPs and the complainants had to arrange for their own food during the said train journey and after reaching the first destination of the said package tour being Ahmedabad, as per the tour schedule, the complainants were shocked to find that there was neither any Tour Manager nor any other staff or person from the side of the OPs travelled in the said train to arrive at Ahmedabad to guide them and conduct the said agreed tour.  Ultimately complainant were confirmed that they had been duped and chated by the OP and had been left in a bewilderness and in the state of complete abandonment at such old ages at a distant place and in fact there ws no scope to return to Kolkata since the waitlisted return ticket was dated 05-11-2013 leaving from Anand Vihar TRM Railway Station and not from Ahmedabad Railway Station.  When complainant tried to contact with the OP from Ahmedabad Railway Station asking for the whereabouts of the Tour Manager and other arrangements including hotel accommodations, the OPs asked the complainant to find accommodations of their own at Ahmedabad and that the Tour Manager would join them immediately etc..  Accordingly, complainant anxiously waited for their Tour Manager but nobody arrived at Ahmedabad when one of tourist of same package tour named Sri Samarendra Nath Das rang the emergency service of Kolkata Police at Lalbazar and reported the matter and as arranged and advised by the said emergency service person, the complainants and other members of the group of the same package tour received and made telephone calls from and to the telephone No.25557599 of Burtolla Police Station having jurisdiction of the area where the OPs operate their business after conversations with and expected intervention of the Burtolla Police Station the OPs being under pressure, after a considerable time had sent one person who introduced himself as the Tour Manager, Mr. Shyama Pada Santra and he informed the complainant to provide him the bank account no. of any member of the group so that Mr. Dilip Banerjee being the OP2 can send money for conducting the tour further but he has not been provided any money by the OP for which the expenses of the said purported tour also were borne by the complainant.  Practically, deliberately a mere amount of Rs.14,000/- was sent to the account of one member of the group of the said package tour named Sri Samarendra Nath Das for withdrawing the same from ATM to bear all expenses of at least 21 tourist for their tour of Rajasthan and Gujarat spanning 19 days including the expenses of the Tour Manager.  As because complainant did not carry enough money required to fund their stay of their own they had to stay miserably in unclean, unhygienic and cheap hotels and dharmashalas spending from their own pockets till they could make some arrangement to return to Kolkata from Jaipure and New Delhi after visiting some of the places on their ways to Jaipur and New Delhi.

          OP deliberately and detrimentally cancelled all the return tickets of the complainants for which all the complainants had to face unfathomable harassment and misery at the advance stage of their lives.  Practically complainant no.3 was compelled to buy his return ticket on 07-11-2013 using tatkal facility by spending Rs.1,400/- which included the return fare of the so called Manager also and the complainants 1 and 2 were compelled to return by Air via Delhi which was purchased online by the son of the complainant 1 spending Rs.20,196/-.

          After returning to Kolkata the complainants had visited their above mentioned office M/s. Safari Point asking for the refund of their money but to their surprise they were flatly refused by Sri Dilip Banerjee, being the OP1 and his agents with the comment ‘do whatever you can’.  Thereafter, complainant along with two other members of the group of the said package tour lodged a police complaint dated 19-12-2013 before the Burtolla Police station detailing the entire painful incidents for the journey and harassment caused by the OPs and also the fact of cheating in such a manner. 

          In fact for the OPs’ deceitful manner of trade and unfair practice complainant was harassed even after payment of the full amount and no doubt for which OPs are solely responsible and in the above circumstances, complainant reported the matter to the OPs but they unable to state whatever action they may take but they shall have not to do anything.  In the above situation for causing mental pain and sufferings and for deceiving the complainants in such a manner complainant has prayed for redressal before this Forum.

          On the other hand, OP appeared by filing powernama on 16-06-2015.  Thereafter, OP filed written statement and in the written statement they submitted that the entire complaint is false and fabricated and afterthought and there was no cause of action and, in fact, paragraph-wise they denied the contention of the complainant but they did not aver anything in support of their defence and prayed for dismissal of the case.

Decision with Reasons

On careful scrutiny of the complaint and the written version and further relying upon the documents as produced by the complainant and also from the written version of the OP that OPs received total amount for that journey which has not been conducted by the OP in reality.  Truth is that complainants were handed over tickets for journey from Santragachi to their destination as per their itinerary tour programme but after reaching Ahmedabad Station none was found and complainants were perplexed and they tried to contact with Dilip Banerjee, the proprietor of Tour and Travels Company but he did not take any step.  No Manager or Agent on behalf of the OP was there so, ultimately complainants finding no other alternative toured different places as per their choice by spending huge amount but before that over phone they reported the incident at Kolkata Police, Lalbazar and also Burtolla Police and thereafter OP sent one Manager and deposited Rs.14,000/- to the account of Samarendra Nath Das for withdrawing the sum from some ATM to bear all expenses including the expenses of the Tour Manager and peculiar factor is that OP has filed written statement but has not proved that he paid all the amounts for booking hotels etc. for bearing the cost of the food and lodging of the complainant etc.  only his defence is complainant shall have to prove but in this case after considering the materials on record it is proved that OP received Rs.38,500/- from the complainant for their journey but did not provide any avenues during their tour, no hotel was booked, no food was provided, no vehicle was provided for journey from one place to another place and in that situation complainants somehow and otherwise completed their tour by spending money from their pocket.  Another interesting factor is that allegation in respect of the return ticket which was in the waiting list that was cancelled by the OP.  OP has not able to prove that fact otherwise, rather complainant has proved and that is the path which is taken by the tour and travelling agency run by Dilip Banerjee and in this case complainants have no doubt proved their all allegation against the OPs beyond any manner of doubt and the conduct of the OPs not only a truth but in other cases this OP Company adopted similar path and harassed the tourists and in those cases this Dilip Banerjee did not pay the decretal amount and for which he was sent to the Jail for two months.  Thereafter, somehow and otherwise they paid the actual amount which was received by him from different tourists.  Thereafter, he was released and he admitted before this Forum that he shall have to pay the actual amount to the customers but thereafter Dilip Banerjee, his wife and Bakul Sen who unitedly is/was running this business by changing their name of the tour company are now in hide.  Their tour company business was at the jurisdiction of the Burtolla that has been closed.  Thereafter, it was within the Hare Street Jurisdiction mentioning a name M/s. Alchemist that has also been closed and in different ways they are opening one after another shop room and they are running such business.  In fact, in general they are cheater businessman, people has realized about their activities.  Sometimes they run their business from Naihati.  Naihati House was raided by the Police but they already fled away.  Fact remains, in such a deceitful manner they are running their business by deceiving the customer in such a manner and in the present case their activities as cheater is well proved.  Complainant has suffered much which is proved beyond any manner of doubt and they were deceived by the OP is also proved.

          Most interesting factor is that written version is filed but their plea is nothing but to deny the all allegation of the complainant but no positive case has been presented by the OPs to disprove the allegation of the complainant.

          Relying upon the materials on record and the evidence of the complainant including the documents and the written version of the OP we are confirmed that complainants have proved beyond any manner of doubt the deceitful manner of trade as run by the OPs and the activities of the tour and travel agency which is nothing but a practice to fraud the tourists in different manner and their business is well known to the public.  At present case they are well known cheater in the society and their business is to defraud the customers in so many manners and such sort of businessmen should be kept inside the Correctional Home otherwise people shall be deceived by such sort of persons because they are engaged in such sort of business to deceive tour loving people of Bengal, so, positive steps should taken against such persons that is the present OPs Dilip Banerjee, his wife and Bakul Sen, they are all the mentor of adopting fraud practice by running such type of business by deceiving the customers in such a manner.

          In the light of the above observation and findings we are convinced to hold that complainants have been able to prove the entire allegation against the OP for their deceitful manner of trade and also for causing harassment of the complainant in such a manner after receiving the amount of Rs.38,500/- from the complainant.

          On proper consideration of the materials it is found that complainant 1 paid Rs.12,500/-, complainant 2 paid Rs.12,500/- and complainant 3 paid Rs.13,500/-  but they did not get any service from the OPs but truth is that complainants paid entire amount for their return journey for their tour, for staying at Hotel, for meal, food, lodging etc. so, in the above circumstances, OPs shall have to refund the entire amount of Rs.12,500/- each to complainants No.1 and 2 and Rs.13,500/- to complainant No.3 and also to pay Rs.10,000/- each to the complainants for causing harassment and mental pain and agony and further litigation cost  at the rate ofRs.10,000/- to each complainants.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest against the OPs with a cost of Rs.10,000/- to be paid to each complainants by the OPs.

          OPs are jointly and severally shall have to pay  at the rate ofRs.12,500/- each to complainants No.1 and 2 and Rs.13,500/- to complainant No.3 and further shall have to pay compensation Rs.10,000/- each to the complainants for mental pain and agony and suffering and for deceiving the complainants in such a manner at the time of touring.

          For adopting unfair trade practice and deceitful manner of trade and for controlling such sort of trade by the OPs and to save the customer from such cheat businessmen OPs shall have to pay Rs.25,000/- as penal damages to this Forum and it is imposed only for the purpose of controlling such sort of trade by the OPs. 

          OPs are directed to comply the order within one month from the date of this order failing which for non-compliance of the Forum’s order OPs shall have to pay penal interest  at the rate ofRs.200/- per day till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.

          Even if it is found that OPs are reluctant to comply the order in that case penal proceeding u/s.25 read with Section 27 of the C.P. Act, shall be imposed for which further penalty and fine shall be imposed.