Order-8

Date-25/05/2018.

       Smt. Sangita Paul, Member

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

            Complainants by filing this case states that they booked a holiday package to Singapore and Malaysia with the OP, on 24-01-2017.  The period of tour was for six days, i.e. from 30^th May to 4^th June, 2017 at the total cost of Rs.50,000/- (plus Rs.3,000/- as additional charge for Night Safari at Singapore) per person.  Complainants made total payment of Rs.3,16,000/- only by instalments on various dates.  The package included Air fares, VISA charges for two countries, transfers, accommodation and cost of sight  seeing in Singapore and Malaysia.  Complainants also paid Rs.58,360/- during the tour.  Before departure complainants were not provided with complete travel documents.  On the eve of departure, the OP gave some documents and promised to send other documents by e-mails as and when required.

            Complainants arrived at Singapore on 29-05-2017.  After checking in Hotel Clarement, Singapore, Complainants were anxiously waiting for itinerary and subsequent arrangements, but nothing came from the side of the OP.  More strikingly, the OP and their office deliberately stopped all communication with complainants and their calls remained unanswered from the OP’s end.  After spending two nights at the hotel Clarement the officials told complainants that no payment had been made for the accommodation by the OP and the concerned authority of the hotel demanded payment of all the dues or else they would lock the rooms.

            Finding no other alternative, complainants contemplated to abandon the tour.  But the complainants were provided with travel documents to Kuala Lumpur, Malaysia.  In Malaysia, the OP arranged for accommodation for one night whereas the total stay was for three Nights.  Complainants had to make payments for extra two nights.  No local tour was arranged.  OP failed, omitted and neglected to provide hotel accommodation at Genting High, Malaysia, but service was not provided by them.  OP also neglected to provide cost of Airport Drop though BIM Holidays changed for it.  Complainants spent Rs.8,000/-, Hotel bills at Clarement amounted to Rs.34,560/-, for Sentosa Island tour they spent Rs.30,000/- for night safari at Signapore, complainants spent total Rs.24,000/-.  Complainants spent for local sight seeing at Kuala Lumpur Rs.39,360/-.  Complainant also paid for accommodation at Genting High.  In all these cases complainants were deprived of getting services after paying the exact sum demanded by the OPs.  Besides, complainants also paid for hotel accommodation at Kuala Lumpur for one night amounted to Rs.7, 800/-.

            Complainants returned to India on 05-06-2017 and visited office of the OP on 10-06-2017.  Complainants explained all the problems faced by them due to mis-management of the OP.  OP had admitted their fault and promised to refund full amount through bank transfer by the end of June, 2017, i.e. before 26-06-2017.  Complainants sent the details on 11-06-2017.  Complainants suffered mental agony, financial loss and unbearable harassment.  Complainants lodged complaint to CA&FBP but the mediation failed.  The cause of action arose on 30-06-2017.

            Complainants prays for directing the OP to refund Rs.3,16,000/- to the complainants being the total amount paid for the package, directing the OP to reimburse Rs.58,360/- being the amount spent by complainant during their tour in two foreign countries, directing the OP to pay to the complainants an amount of Rs.6,00,000/-, i.e. Rs.3,00,000/- to each complainant as compensation for mental agony and harassment and directing the OP to pay litigation cost of Rs.20,000/-.

            The case was admitted on 30-01-2018.  On 21-02-2018, complainant submitted that notice was sent to the OP, but the same is returned with postal endorsement “Addressee Left”.  On 20-03-2018, complainant prays for time for taking recourse to alternative publication.  On 23-04-2018, complainant files draft copy of paper publication.  The legal notice was published on 08-04-2018 in Aajkaal.  OP was absent on call.  On 10-05-2018 no w/v was filed by the OP.  As a result, the matter was fixed for ex parte hearing on 24-05-2018.  Complainant filed E/Chief.  Argument was heard ex parte and we proceed for giving judgement.

Decision with Reasons

We have perused the complaint petition, photocopy of booking voucher, written copy of itinerary photocopy of programme-schedule, photocopy of amount paid to BIM Holidays for Singapore, Malaysia Package, photocopy of the official receipt of the Clarement PTE Ltd., photocopy of tax invoices and other documents lying on record.  It is evident that complainants booked a holiday package from a Tour and Travels Company to Singapore and Malaysia for six persons.  Complainant No.1 Mr. Dipak Kumar Mondal along with his wife and daughter, Tanushree and Ipsita Mondal, complainant no.2 Mr. Tapash Bhowmick along with his wife and daughter Ratna and Prerana Bhowmick paid for tour to Singapore and Malaysia.  The period of tour was for six days from 30^th May to 4^th June, 2017.  Two complainants paid Rs.3,00,000/- i.e. Rs.50,000/- for each person, Rs.3,000/- per person as additional charge for night safari at Singapore.  Complainants paid Rupees three lakhs sixteen thousand in total.  Complainants fulfilled the terms and condition of payment.  The package included all Air Fares, Visa Charges for two countries i.e. Singapore and Malaysia, transfers, cost of accommodation and sightseeing for both the countries.  As complainants made full payments prior to tour, yet they had to spend Rs.58,360/- during the tour.  As complainants made full payments they were not supposed to spend extra amount for tour.  If they visit to other places than the recorded places, they had to spend but the OPs did not make full arrangements for complainants.  OP failed to give the cost of Airport drop.  It was Rs.8,000/- per head, i.e. Rs.4800/-, complainants spent for hotel accommodation at Singapore, for two days which amounted to Rs.34,560/-.  Complainants paid for accommodation at Genting High, Kuala Lumpur.  This expense amounted to Rs.11,200/-, complainants spent Rs.7,800/- for accommodation at Hotel Soleil, Kuala Lumpur.  Complainants spent Rs.58,360/- extra under these four heads.  Besides, for Sentosa Island tour, they spent Rs.30,000/- for night safari at Singapore. Complainants spent Rs.24,000/- for sightseeing at Kuala Lumpur,  Complainants spent Rs.39,360/- complainants with a hope of having a pleasant tour started from Kolkata, India and their hopes and aspirations were frustrated.  On 29^th May, 2017 at 6.00 p.m., complainants left for Singapore.  They reached at Hotel Claremant at 5.00 a.m. on 30^th May, 2017, but the OP did not contact with complainants.  Complainants had to give all the charges and also paid for the night safari.  After paying Rs.3,18,000/- complainants had to pay the hotel charge and cost of night safari.  Complainants faced trouble for making double payment.  They were not in a position to continue the tour.  Somehow they made Sentosa Island tour at their own cost.  Though in Malaysia, complainants were provided with travel documents.  The OPs arranged for the stay of one day at Hotel Soleil, complainant had to pay for the next two days.  No local tour was arranged by the OP.  Complainants made payments for all items.  Complainants reached at Hotel Soleil at 10 p.m. on 1^st June, 2017.  At Hotel Soleil, complainants had to pay Rs.7,800/-.  Everywhere complainants paid double charge.  But OPs were  did not   pay for hotel accommodation, Air fare with all taxes, transfer, picking from Airport, dropping at airport, sight seeing.  OPs promised to pay all charges, but they failed to provide adequate service.  Complainants had to pay double charge.  So, the OP is guilty of unfair trade practice.  Complainants faced agony, pain and harassment, so complainants are entitled to relief and compensation.  In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed ex parte against the OP.

            OP is directed to pay Rs.1,51,720/- being the expenses incurred by complainants with 9 percent interest from 30.06. 2017 along with litigation cost of Rs.6,000/- within one month from the date of this order.

            OP is further directed to pay Rs.18,000/- towards compensation for mental agony, pain and harassment within the stipulated period.

            OP is also directed to pay Rs.10,000/- for unfair trade practice and the amount is to be deposited to the account of the Forum.

            Failure to comply with the order will entitle the complainant to put the order into execution u/s.27 of the C.P. Act, 1986.