Order No 11.               

Date-28/08/2018.

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

Complainant’s case in short is that he had noticed an advertisement in Ananda Bazar Patrika regarding tour ofAmazing Thailand which would be conducted by M/s. Dishari Holidays Limited, OP-1. Complainant booked a tour in Thailand for self in the name of Sri Santosh Kumar Talukder, and his wife, Supriti Talukder, scheduled to have been commenced by April, 2017 and deposited part amount of Rs.23,000/- in three installments to M/s. Dishari Holidays Limited, OP-1. The OPs never conducted the tour and intimated on 02/02/2017 through email of postponement of the tour and deferred the same to months between September and December, 2017. The OPs subsequently sent two cheques, one of HDFC Bank (no.001103 dated 31/7/2017 for Rs 18720/-) and the other of Axis Bank (no. 037538 dated 31/7/2017 for Rs 5200/-) but the said cheques were not cleared. The Complainant finding no other way approached the Meghnad Saha Road, Aahana Foundation (A Voluntary Consumer Organization) seeking redressal of his grievance and on the basis of the prayer this voluntary Consumer Association preferred to file this complaint before this Ld. Forum for justice. The complainant prayed for refund of Rs 23000/- with 12 percent interest from the date of deposit, compensation Rs 10000/- and litigation cost Rs 10000/-.Hence, this case.

. The OPs did not turn up and no WV has been filed.

Points for Discussion

1. Whether the complainant is a consumer under the OPs;
2. Whether the OPs are deficient in rendering promised service to the aggrieved complainant;
3. Whether the aggrieved complainant deserves relief.

Decision with Reasons

1. We have perused copies of Booking Receipt dated 7thDec, 2016 with copies of cheques sent by the complainant to OP-1, computer generated letter(Annex-‘D’, R.P.9 of complaint) to complainant intimating cancellation of the tour with reasons, returned cheque no.037538 of Axis Bank for Rs 5200/- with certificate of A/c closure by UBI, and 001103 of HDFC Bank for Rs 18720/-,letter dated 03/6/2017 with certificate by SBI of Insufficient  letter dated 31/12/, 2018 of the complainant(NGO) to OPs claiming return of deposited money to reduce his harassment, and copies of letter to both the OPs by the complainant NGO with authorization of the NGO by the complainant.

2) It is very clear that the aggrieved complainant being duped through Advertisement booked thetour against payment of Rs.23000/ in three phases. The date of journey was also mentioned as 02/04/ 2017. In the Affidavit of the aggrieved complainant identified by the representative of the VCO, the case no. has been erroneously stated to be CC/79/2018. Such mistake should not have been occurred.

3) But on 02-02-2017, OP sent letter cancelling the tour due to various reasons including shortage of fund and sent  2 postdated cheques dated 31/7/2017, one of Axis Bank  for Rs 5200/- and the other of HDFC Bank for Rs 18720/- allowing a whimsical amount of interest of Rs.920/- only.

  4)      Ironically, neither of the cheques were honoured.Cheque of Axis Bank was deposited at the UBI which sent back with the comments “50 Accounts closed” and that of the HDFC Bank was returned by SBI with comments “ 01 Funds Insufficient”. All these furthered complainant’s physical harassment andmental agony.

5   Now-a-days, this has been the practice of the said OP to receive first the full or booking amounts for tour and then cancel the tour on ground of fund crisis and other pleas. In this case, the complainant has been subjected to harassment, agony and frustration.

We cannot understand how the question of fund crisis arises when OP realizes the deposited amounts beforehand from each prospective tourist?

This is a parallel shadow business.Such practice is quite unfair too.

6) The OP-2 appears to be in the practice of making expenses in making Ad in daily Newspapers to dupe and attract potential tourists who come to OP-2, make payments and get cheated.

2. Running from pillar to post, the complainant helplessly wrote letter on 31/12/2017 through the complainant VCO to OPs requesting them toreturn the paid up money for the cancelled tour but the OP-2, in particular, intentionally kept silent. The aggrieved complainant was compelled to take shelter to the NGO in question, now contesting on behalf of the aggrieved complainant.
3. It remains the fact that the aggrieved complainant paid consideration (Rs.23000/-) in expectation of getting the service of tour from the OPs.  So, the aggrieved complainant is a consumer under the OPs, in terms of section 2(1)(d)(ii) of the C.P. Act, 1986.

The OPs in spite of receiving advance consideration money did not render promised services to the aggrieved complainant and did not give the opportunity to the aggrieved complainant to make further payment.

So, OPsare drastically deficient in terms of Section 2(1)(g) read with Section 2(1)(o) of the Act.

Thus the aggrieved complainant deserves relief.He faced embarrassing situation among the acquaintances also.

4. Apart from deficiency in service, the OPs misrepresented in the Advertisement to pull potential tourists only to adopt unfair trade practices by first duping them and then extracting money by false pleas and promises.  So, the OPs suffer from unfair trade practices as defined u/s. 2(1)(r) of the Act.
5. In spite of publicity through Daily Newspaper, the OPs failed to attend proceedings.  No written version has been filed by the OP as well.  The Evidence-On-Affidavit by the complainant also remained unchallenged.  This indicates OPs have nothing to say against the charges levelled against them by the aggrieved complainant.

It is the settled principle that the party in spite of getting opportunity to defend his case, does not take the opportunity, it is on the default side and its leverage goes to the other side (here to the aggrieved complainant).

In the circumstances of what have been analytically discussed above, we are constrained to pass –

ORDER

That the complaint be and the same is allowed ex parte against the OPs, represented by its Chairman & Managing Director, Biplab Mondal, in terms of Section 13(2)(b)(ii) of the C.P. Act, 1986;

            That the OPs, represented by its Chairman & Managing Director, Biplab Mondal are directed to refund Rs.23000./- with interest of 8 percent from 10-03-2017 till date of actual payment, Rs.5,000/- as compensation for physical harassment, mental agony and loss of dignity of aggrieved complainant and Rs.5,000/- as litigation cost, to the aggrieved complainant, Santosh Kumar Talukder, within 30 days from the date of this order;

            That the OPs, represented by its Chairman & Managing Director, Biplab Mondal are directed to deposit Rs.10,000/-, for unfair trade u/s.14(1)(hb) of the Act, with the Forum under Legal Aids Account, within 30 days from the date of this order.

            That non-compliance of above orders by the OPs represented by its Chairman & Managing Director, Biplab Mondal within the stipulated time, will entitle the aggrieved complainant to put the order into execution in terms of Section 27 of the Act ibid.

            Let copy of the order be handed over to the parties when applied for.