In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.  70 / 2005

1. Sri Ramendra Chandra Das,

258C, Rash Behari Avenue,

Kolkata-700019.                                                      ………… Complainant

…Versus…

1. M/s Tour ‘N’ Style Pvt. Ltd.,

411/23B, Hamanta Mukhopadhyay Sarani,

Kolkata-700029.

2. Smt. Mandira Bose De,

M/s Tour ‘N’ Style Pvt. Ltd.,

P255, Purna Das Road, Kolkata-29.                       ………… Opposite Party

Present :        Sri S. K. Majumdar, President.

                        Smt. Jhumki Saha, Member.

                        Sri T.K. Bhattacharya, Member

Order No.    3 6      Dated 1 1 / 0 5 / 2 0 1 0

This is to consider an application filed u/s 12 of the C.P. Act as amended up to date by complainant Sri Ramendra Chandra Das alleging deficiency in service against the o.ps being Smt. Mandira Bose Dey, Director of M/s. Tour N’ Style Pvt. Ltd. as o.p. nos.1 and 2.

Briefly stated the fact is that the complainant called at the office of M/s Tour N’ Style Pvt. Ltd. and met Smt. Mandira Bose Dey, Director representing the company on or about 4.3.03 and Mrs. Bose Dey informed him about her company’s arrangement for a 15-day package tour of Europe with London via Bangkok. She also informed him that a sum of Rs.1 lakh per head covering package tour expenses Rs.86,000/-, insurance charges Rs.9500/- and airport taxes Rs.4500/- has to be paid in advance to avail of the tour. It is also stated by the complainant that the package includes onwards and return air ticket, accommodation in star category hotels on twin sharing basis, break fasts and dinners, all transfers and sight seeing as per the itinerary in delux air-conditioned car/van. The  places of visit scheduled were London, Belgium, France, Austria, Holland, Germany, Italy and Switzerland and the tour was to commence on 10.5.03 with 25 persons. On being interested the complainant paid sum of Rs.2 lakhs (Rs.30,000/- in cash and rest by cheques) for himself and his wife. Besides them, Mr. H.S. Das and his wife and one Smt. Arati Mukherjee of Kolkata enlisted their names for the proposed package tour. As the tour was being routed via Bangkok, the complainant along with other four tourists desired that a short period tour of Bangkok/Pattya be tagged with the package tour at their own expenses to be incurred on several heads and the Director of the company, Mrs. Bose Dey agreed to their proposal and it was decided that five day tour of Bangkok/Pattya would be tagged with the said proposed tour of Europe and the complainant and other four tourists would pay for the optional tour from their own pocket. As it has already been stated that the tour was scheduled on 10.5.03, complainant along with his wife were ready to avail the trip with their bag and baggage, but the date of journey was shifted to 14.5.03. Thereafter, it has also been alleged by the complainant that the proposed tour firstly scheduled on 10.5.03 had been continuously cancelled for a number of times i.e. again from 14.5.03 to 31.5.03 and from 31.5.03 to 21.6.03. Apprehending that they have fallen into the grip of frauds and all their money was lost, the complainant wrote a letter to the o.p. company asking them to refund the entire booking money with interest. And after receiving the letter the company finally fixed up the date of tour on 25.6.03 and accordingly, complainant was informed to report at the airport for the scheduled flight. At the airport complainant saw that besides himself and his wife only three persons are there making the total of five persons instead of 25. At the airport air ticket and passports were delivered to the tourists. But no insurance policy/cover note was handed over to them and thus, the entire group of tourists were put to serious tension and mental agony through out the air trip. They reached Bangkok on 25.6.03 and there they stayed for five nights/six days at their own expenses as per the company’s prior commitment. On 1.7.03 while leaving Bangkok for London as per the flight scheduled printed on the respective air tickets, the complainant received a phone call from Kolkata and he was requested to stay in Bangkok for another day and to start for London on 2.7.03. Over the telephone complainant was also assured that the company would bear the accommodation and other expenses for the day overstayed and that payments would be made to M/s. Welcome Tours, travel agent of o.p. for conducting 5-day tour. In this way the tourists were held up in Bangkok. But to their utter surprise while leaving the hotel on 2.7.03, for London the hotel authority conveyed that no payments were received them from Kolkata and hence they could not release them without payment. Under the compelling circumstances, complainant and his companion tourists were compelled to pay US$ 77 (for 5 persons) from their own purse to obtain release from the hotel and thereafter they could proceed for London.

On landing at Heathrow Airport in the morning on 3.7.03 complainants along with other tourists could not find out any of the representatives of M/s. Gulliver Travel Associates, the tour agent of the o.p. in London  but after waiting for a couple of hours and going through mental agony and anxiety someone from M/s. Flight Ways Travel of London came to receive them and from the visiting card given by that person transpired that M/s. Flight Ways have had no experience of conducting package tour in London as detailed by Smt. Bose Dey, o.p. no.2, but they were only used to hotel booking, airport transfers coach sight seeing, etc which put the complainant and other tourists into extreme discomfort and inconvenience and M/s. Flight Ways Travel provided them one non A.C. small van although at the time of booking A.C. car/van was agreed to be provided with by the o.p. and that car in question was not at all road worthy, and it broke down by a number of times due to mechanical fault, its fuel indicator was not functioning and the driver was not able to understand the fuel level resulting that the vehicle came to halt for a number of times and petrol was exhausted. However, the complainant his wife and other tourists stayed in London for 3 days i.e. 3^rd to 5^th July, 2003. On 6.7.03 the tourists were supposed to leave for Paris in the morning by 12-00 p.m., but the travel agent came at about 3-00 p.m. by which their 3 hours of traveling was lost and they reached France crossing Dover at about 9-30 p.m. and stayed at some hotel on spot booking basis for two nights i.e. 6^th and 7^th July. Complainant further stated that there was no prior booking for the hotels and after six hours of journey on road at a stretch the tourists were terribly hungry, but no dinner was offered and the complainant along with his wife were virtually on fast during the whole night and it was not a star category hotel and environment was there substandard as it was a cheaper one. On 8.7.03 the driver of the van came and reported to the complainant that it was under repair and their journey to Brussels could be delayed and he started for Brussels after 11-00 a.m., but on the way the van again went out of order. After removing the defects the complainant could reach Brussels in the afternoon. Here again there was no hotel booking in advance and the driver had to find out the hotel which took 3 hours and more surprisingly 2 rooms were booked in the hotel for 6 persons including the driver for a night and here also no dinner was served at the hotel. On 9.7.03 morning at 10-30 a.m. tourists started for Rotterdam without any opportunity of seeing most of the places of interest in Brussels. Here also no prior booking was made and after searching for a long time they could check in that hotel where they previously stayed in different cities situated near the border of Germany far away from the town. 2 rooms were booked. No dinner was offered to the tourists as usual and the tourists had to manage it by bread and jelly at their own expenses. All these hazards were communicated to o.p. no.2 over telephone for which she gave false assurance to set things right. Even then no breakfast was offered to them on 10.7.03 morning. On 10^th July morning when the tourists were supposed to proceed for Germany the driver told the complainant that as he has received a message from M/s. Flight Ways from London directing him to return to London canceling the rest of the tour because o.p. no.2 did not make full payment for the tour to M/s. Flight Ways which was again conveyed to o.p. no.2 by the complainant and as usual the tourists were assured with all false statements that she was going to give necessary instruction to Flight Ways Travel not to cancel the tour and proceed for Germany as per scheduled. But the fact remained the driver did not get any instruction from M/s. Flight Ways Travel and o.p. no.2 did not even bother to talk to the complainant further in this regard and on the way back to London the tourists spent a night on 11.7.03 in Walwyk in the same way by booking 2 rooms for 6 persons and no dinner was served. In spite of having a talk with o.p. no.2, everything went in vein. On her telephonic conversation with the driver, the driver confirmed that the places, Germany, Italy, Switzerland, Amsterdam etc were not visited by the tourists and o.p. no.2 requested the driver to keep his mobile phone “on” as he was going to get an instruction from his company, M/s. Flight Ways Travel. But there was no such information and/or instruction. In fact, complainant stated Smt. Bose Dey did not make full payment for the tour for which the said travel agent withdrew in the midway. On 12^th July evening the tourists again dumped in the same hotel in Paris in a single abandoned room and the complainant along with his wife and 3 other companion tourists had to stay together in that room for the whole night. Hotel charges were paid by the tourists from their own pocket. No dinner was given. Photographs to that effect have been attached. On 13.7.03 the tourists were back to London in the afternoon as there was no prior booking they had to stay inside the van up to 9-00 p.m. and the driver kept on searching for a hotel and finally they could check in one hotel and stayed there up to 15^th July morning. This was not also star category hotel. No breakfast as well as dinner was served and the tourists had to satisfy their hunger with bread and jam/jelly consecutive 2 days and night at their own cost. And the accommodation charges for 2 rooms @ 32 pound for each room were paid  by the tourists for one day i.e. 14^th night to 15^th July morning as M/s. Flight Ways Travel refused to make payment on the same grounds that sufficient money was not paid by the said o.p. no.2 of Kolkata which was instantly conveyed to Smt. Bose Dey and she instructed them not to make any payment as she was taking up the matter with the said travel agent and calling back to them shortly. But, no such communication was received from Mrs. Bose Dey, the tourists were compelled to make payment to the hotel and got the release. Thus, the tour was abandoned half way through an unbearable and most painful experience and the tourists were driven back to London Airport to catch up the Kolkata bound flight on 15^th July. With utter dissatisfaction about the tour, complainant met Mr. Bose Dey on 21.7.03 and narrated the whole experience and Smt. Bose Bose Dey realizing the gravity of the situation offered them to send the complainant and his wife as well as Mr.H.B. Das and his wife in another package tour to Europe/ London scheduled for 27.9.03 free of cost to enable them to visit the unseen places abroad. And the complainant paid Rs.40,000/- for processing visa etc. at her request. Subsequently, Smt. Bose Dey handed over confirmation vouchers relating to hotel booking etc. to the complainant creating an impression that she was very true to her commitment and advised the complainant to report to the airport on 27.9.03 where air tickets would be delivered by her company. So all 4 reached Dumdum Airport on the scheduled date, but no one from Mrs. Bose Dey or her company was seen in the airport and the complainant had to come back with bag and baggage in utter despire which amounts to loss of his prestige. But the complainant did not still lose his hope and after several persuasion that Smt. Bose Dey should arrange for a compensating tour or refund of money for their deceitful acts and unfair trade practices which made Mrs. Bose Dey, o.p. no.2 to beg apology for 27.9.03 instantly and she further promised them to include the complainant and other tourists in their next tour scheduled for 8.5.04. This time she told him to pay Rs.70,000/- just to break even her loss and the complainant paid Rs.40,000/- instantly and agreed to pay the balance Rs.30,000/- on return to Kolkata. But on 18.5.04 o.p. no.2 played the same game and they were not taken in the tour abroad. On being frustrated the complainant addressed the company and Smt. Bose Dey through his several letters stating therein their lapses and deficiency in services and claiming for compensation and replenishment of cost and expenses dt.20.6.03, 28.7.03, 9.1.04, 14.5.04. No reply reached the complainant. Subsequently, a legal notice dt.17.12.04 was sent to o.p. no.1 by regd. post, on 20.12.04 which was received at their office on 21.12.04 claiming for refund of Rs.2 lakhs being the package cost, Rs.3000/- being cost of accommodation and cost of dinners plus breakfasts together with Rs.1 lakh as compensation for loss of social prestige and mental agony and embarrassment suffered by and caused to the complainant and his wife  for negligence and deficiency in providing services agreed by the o.ps. which was also not replied by the o.ps. and finding no other way the complainant filed this case on 21.12.05.

Notice was served upon the o.ps. O.ps. appeared and filed w/v, evidence on affidavit to contest the instant case.

Decision with reasons:

We have perused the petition of complaint along with the annexures, evidence on affidavit, its annexures, B.N.A. filed by complainant. We have also perused he w/v along with annexures, evidence on affidavit along with annexures and reply filed by o.p. against suggested questions put by the complainant for cross examination of o.p. and we have also noted the contents of these above mentioned documents. It is also a fact that o.p. never replied to the additional questionnaire put by complainant for the cross examination of o.p. Accordingly, additional questionnaire filed by complainant on 15.9.09 against the affidavit of evidence filed by o.p. on 19.10.06 vide order no.11 remained unreplied. From the order sheet we have also perused that Sri H.B. Das deposed as pw2 and Mr. S.K. Roy deposed as pw3 as additional evidence on behalf of complainant. We have also perused the relevant and important annexures such as annex-I, II, IV, IVA, IVB, IVC, up to XVI. From annex-II it is evident that the complainants paid the required fees for the package tour of Europe amounting to Rs.200200/- and thereby the complainants come under the purview of C.P. Act, 1986 as amended up to date being the consumer of the o.p. although it has been alleged by the o.p. that annex-I is not connected with the tour in question because the scheduled date appeared in annex-I is 27.9.03. But from annex-III it is evident that the package tour in question was supposed to cover the places like France, Italy, Germany/Amsterdam, Switzerland/Austria and Brussels which constituted “Europe Experience Itinerary Programme” meant for complainant and his family. We have also perused annex-XIV which is a certificate given by UCO Bank confirming the loan of Rs.1,70,000/- sanctioned by UCO Bank and was ultimately given by the complainant to the o.p. for the purpose of said tour programme which was supposed to be started on 10.5.03, but without assigning any cogent reason the o.p. changed the date of departure for several occasions for which complainant ultimately wrote to o.p. on 20.6.03 vide annex-XV and in reaction to that the o.p. finalized the said tour programme on 25.6.03 and the initial 5 days according to the agreement complainant and his wife stayed in Bangkok at their own expenses. And it is a specific allegation of the complainant that no insurance policy/cover note was handed over to them though the premium for the same was taken by the o.p. as we can see in annex-II.

The o.p. has contended in affidavit on evidence that the complainants along with others had booked for going or an European tour to commence on July, 2003 which is not corroborating with the annex-II of the complaint/petition and which is the document given by o.p. to the complainant. It is a bill dt.25.4.03 given by o.p. showing under the heading ‘Particulars’ – ‘Towards Europe Package May, 2003’. Accordingly, it is quite evident that the tour for which the complainants booked, it was supposed to start in May, 2003. By canceling the dates for the said tour without prior intimation, the o.p. is already found to be deficient in service. From annex-1 of the complaint/petition, we find that the o.p. offered an accommodation non twin sharing basis (at star category hotel). But in reality, the complainants had to face lot of inconvenience regarding hotel room sharing and also for non availability of breakfast and dinner which was supposed to be served by the o.p. Particularly in Paris 5 persons including the complainant and his wife were lodged in one room and they had to spend a sleepless night lying down on the floor of the room without any dinner offered to them at he hotel. Photographs are also attached here by the complainant. The complainant had to make payment from his own pocket even at London while returning, one day hotel payment i.e. 14^th July night to 15^th July morning, vide annex-VI. Even due to bad condition of the vehicle, the tour of the complainant was sometimes delayed and even cancelled. Finally, due to non-payment of sufficient money by o.p. to their European tour agent, the driver, conducting the tour on behalf of M/s. Flight Ways Travel told the complainants that as per the instruction of his office, the tour was meant from 6^th to 13^th July and accordingly the complainants had to return without visiting Amsterdam, Italy, Germany and Switzerland which included in the said European tour.

After returning from the complainant visited the o.p’s office on 21.7.03, and o.p. no.2 assured him to include them in their next tour so that the complainant may enjoy the places not visited free of cost. But the o.p. did not keep their words and in subsequent visit to o.p’s office, the complainant was again assured that they will be positively included in the o.p’s next tour, supposed to be commenced on 18.5.04 and a sum of Rs.40,000/- was paid by the complainant. but this time even, the complain ant was deprived, annex-VII, money receipt. We have perused the services of letters written by complainant to the o.p. vide annex-XV, XVA, XVB, XVC. And finally, the complainant sent legal notice which was received by the o.p. on 21.12.04. But no reply has been received the complainant that made him to file this instant case.

Traveling is one’s passion, with which emotional attachment is involved to a great extent. Even after taking requisite fees, the o.p. should have played falsely and made all false statements to the complainant. The entire tour involve a lot of money and the complainant had opted to go after his retirement by availing a loan amounting to Rs.1,72,000/-. When o.p. claims in their evidence vide para-2 that they were awarded many times for its customer services and they are doing such business with outstanding reputation, the o.p. required to be more careful towards the complainant’s grievances made from Europe. But without redressing the grievance, the o.p. went on making false statements adopting unfair trade practice. We have also gone through para 4 of the evidence of the o.p. wherefrom it appears that he complainants made their own itinerary by entering into an agreement with M/s. Flight Ways Travel but they o.p. never wrote such letter to the complainant as and when the complainant lodged complaints with the o.p. So, all these activities and behaviour of the o.p. made them liable for their deficiency and for practicing unfair trade. Accordingly, we hold o.ps. to be deficient in providing service. And the case succeeds on merit.

Hence,

          Ordered,

that the o.p. is directed to refund Rs.1,00,000/- (Rupees one lakh) only being the half amount of the total traveling cost along with an interest @ 10% thereon from 18.5.04 till the date of actual payment. The complainant do get an award of Rs.25,000/- (Rupees twenty five thousand) only as compensation and Rs.5000/- (Rupees five thousand) only as litigation cost. The o.p. is directed to pay the entire decretal amount within 45 days from the date of communication of this order, failing which it will carry an interest @ 10% p.a. till full realization. Fees paid are correct.

Supply certified copy of this order to the parties on payment of prescribed fees.

    ____________                                                ____________                                            ____________

      MEMBER                                                        MEMBER                                                 PRESIDENT