In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.238/2012.
1) Ms. Bahnisikha Ghatak,
Flat no.206, Shivam Apartment,
30, Dey Street, Serampore,
Hooghly, Pin-712201, P.S. Serampore. ---------- Complainant
---Versus---
1) M/s Cox & Kings Ltd.
8, A.J.C. Bose Road, 8th Floor, Circular Court, Kolkata-17,
Branch: Little Russel Street, Kolkata-71, P.S. Park Street.
2) The Manager, representing
M/s Cox & Kings Ltd.
8, A.J.C. Bose Road, 8th Floor, Circular Court, Kolkata-17,
Branch: Little Russel Street, Kolkata-71, P.S. Park Street. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Order No. 15 Dated 30-08-2013.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that during Feb. 2012 the personnel of o.ps. contacted the complainant offering their tour package for Beautiful Spain & Historical Portugal scheduled on 17.5.12 for 12 days and 11 nights. Being impressed by their advertisement the complainant agreed to join the tour.
On 2.3.12 a messenger came to the complainant’s residence late at night at about 10 p.m. He compelled her sign on lots of papers called booking conditions without allowing her read and understand the contents of it and collected the cheque for booking amount Rs.20,000/-. Being asked for the copy of the booking condition s, it was said to be sent by courier next week though in actuality it was sent after 3 weeks.
The messenger also said that he would come again within 10 days to collect the visa documents. But he came after 52 days on 23.4.12 and collected the visa documents and the cheque for full payment for the trip which amounts to Rs.13588/-.
On 12.5.12 o.p. asked the complainant along with other passengers of this trip through telephone and SMS to come to their office on 13.5.12 to collect the documents of tour which included all original passports with valid necessary visa, tips to the traveler, one travel bag, hotel list, tickets, all original documens if any, itinerary and insurance (upto 60 years). However they did not give back the passport with visa to the complainant, since it did not arrive by that time. They assured the visa would arrive by 14th instant and that would be delivered to the complainant’s residence by messenger. They collected an additional amount of Rs.850/- for insurance charges for the persons above 60 in age.
The passport with visa did not arrive till the date of commencing the journey on 16th at night for catching the flight at 4-10 in the morning of 17.5.12. The company insisted her to remain prepared for the trip with bag and baggage unti 6-30 p.m. on 16.5.12. And finally at about 6-45 p.m. that day they informed that the trip cannot be done by her because the visa with passport has not arrived as yet. This was a tremendous shock as a bold from the blue for the complainant.
Complainant immediately contacted the visa office and learnt that her visa application was actually submitted before 7 days of the actual journey date which should have been before clear 15 working days.
On the 19th instant the complainant in writing demanded her money back in full of her subscription. But the company never regretted for their deficiency of service not to say of money back. Again on the 24th and 28th May she sent letters to the authority by speed post one to Kolkata another to the Mumbai office. But none of them were responded. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:-
In view of the findings above and on perusal of the entire materials on record we find that o.ps. had sufficient deficiency in service being service provider to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to pay a sum of Rs.1,56,733/- (Rupees one lakh fifty six thousand seven hundred thirty three) only towards the amount paid by complainant to o.p. and are further directed to pay to the complainant compensation of Rs.60,000/- (Rupees sixty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
