JUDGEMENT

          The complainant by filing this complaint states that he wanted to avail of one of the packages of several tour programme conducted by Ghosh Special, a travel and tour organizer, having its Registration No. 91275.  The programme was scheduled to start on 23.02.2013 for North India along with Kumbha Mela.

          On 16.01.2013 the complainant booked two tickets for himself and his spouse by paying a sum of Rs. 20,000/- through A/C Payee cheques bearing cehque Nos. 143257 & 143258.

          The complainant stressed on confirmed tickets because his wife had a sleeping disorder and she cannot spend sleepless night.  If the complainant’s ticket is not confirmed, then he would have to cancel his journey.  The op i.e. Ghosh Special assured the complainant that he would get reserved rail tickets one week prior to the commencement of the journey from Howrah to Allahabad via Kumbha Mela.

          The complainant visited the office of the op/Ghosh Special on 18.02.2013, for collecting reserved railway tickets, but the complainant was given a photocopy of 4 adult tickets of train No. 12321 (Mumbai Mail via Allahabad) having writing list Nos. 132, 133, 134 & 135.  Two of those were for the complainant and the rest were for other two passengers.  The op failed to keep his word.  Instead of getting confirmed railway tickets, the complainant got only the waiting list members of those tickets.

          When asked, the op informed that the tickets would be confirmed before the journey date.  He also demanded an additional Rs. 2,000/- from the complainant for getting Tatkal tickets from Howrah, since the tickets purchased were not confirmed.  The complainant again paid Rs.2,000/- in cash on 18.02.2013, for getting two tatkal tickets.  Those tatkal tickets were supposed to be issued one day prior to the date of journey.  After receiving the additional money, Ghosh Special issued a receipt bearing No.2625 dated 18.02.2013.  Earlier, the said travel agency issued one receipt on 16.02.2013, but after issuing a receipt on 18.02.2013, they took away the earlier receipt issued on 16.02.2013.  the complainant gave Rs.22,000/- in total, but failed to get the confirmed railway tickets.

          He visited the office of the Travel Agency on 22.02.2013 and again on 23.02.2013 yet he did not get confirmed reserved railway second class tickets after visiting the office for two consecutive days.  The tour agency failed to produce the same after going through the status of the tickets on the internet; it was found that it was still in the waiting list.

          In view of the above facts when the complainant did not receive the second class reservation tickets from Ghosh Special, the complainant communicated to the op through a letter on 23.02.2013 at 16:30 hours requesting the op to cancel the journey scheduled to start on 23.02.2013 at 22:00 hours.  The complainant also demanded to refund the amount of Rs.22,000/- only given to the op for tour programme.

          The op was going to start tour on that day.  So he told the complainant to contact after 15 days.  On the 06.03.2013 Ghosh Special informed the complainant through a letter stating that they were not in a position to refund the amount got from Mr. S.N. Dutta, the complainant, because according to Rule-4 of Travel Agency, Ghosh Special, that no refund would be made if the party cancelled the journey within 24 hours of the commencement of the tour, and the complainant is well aware of the fact.

          The complainant failed to realize why the tour agency denied his demands.  Failing to book reserved railway tickets in time, was the Agency’s fault. They must have utilized the complainant’s money for other purpose, instead of buying tickets.  Hence, this case.

          In the written version of statement that the complaint is frivolous and vexatious and motivated.  The allegations made against the op are completely baseless and false.

          The complainant booked a ticket from Howrah to Allahabad via Kumbha Mela on 16.01.2013.  on the 23.02.2013 i.e. on the date of journey the complainant informed the tour organizer that he would not avail of the journey as because he did not get the computerized tickets.  He informed the op at 04:30 hours and the journey was supposed to commence at 10:00 PM on the same day.

          It is important to mention that the complainant’s allegation is not tenable.  Tickets were already confirmed, tickets were not given to the complainant even after confirmation because two other passengers were included in the tickets.

          It is also vital to note that the ticket was confirmed.  A list from the Chief Commercial Manager, Eastern Railway shows a clear picture of the details of coach number, berth number of 4 passengers in which the complainant and his wife were also included.

          The other two passengers viz. D. Dey and A. Halder aged 42 and 48 years respectively, having Coach No. Active S-10 and Berth No. 26 and 29 respectively availed of the journey and no single complaint is made by them in the office of the op and before any Forum or anywhere.

          The complainant lacks patience, so he decided to cancel the tour due to his whimsical nature.

          As far as refund of the amount is concerned, the complainant committed a mistake.  Rule 4 of the Rules and Regulations, printed overleaf of the money receipt, states that no refund will be allowed if a ticket is confirmed within 24 hours of the scheduled time of departure or thereafter.  The complainant wrote a letter for cancellation of tickets on the very day of the commencement of journey at 04:30 PM.  It is within 24 hours of the commencement of the scheduled journey.  Then the op had no option to cancel the tickets.  Hence, no question of refund of money arises.  It was shown by the Railway Department that the journey was active.  As the complainant cancelled the journey at the last moment, op had to face inconvenience.  At that point of time, it was not possible to arrange for two other passengers and prays for dismissal of this case.    

                                         Decision with reasons

On proper study of the entire fact of the complainant in defense of the op, it is undisputed fact that complainant booked for the tour to be conducted by the op for which complainant paid Rs.22,000/- and the date of journey was fixed on 23.02.2013.  Anyhow, long before the commencement of the journey, complainant asked the travel agency to handover the reserved ticket for their journey on the ground that the wife of the complainant was suffering from some unstableness.  So confirmed reserved ticket was necessitated by them as they were not in a mood to wait for confirmation of ticket after arrival at the station on the very date of journey, against such choice of the complainant, op supplied a photocopy of the tickets of 4 adult members of Mumbai Mail (12321), wherefrom complainant came to learn same was issued for the waiting list Nos. 132, 133, 134 and 135.  It was neither reserved, nor in the name of the complainant and his wife.  After observing that, complainant was dissatisfied and asked the op that he wanted reserved tickets when op expressed that they will take all efforts to purchase Tatkal tickets for which op paid Rs.2,000/- but the complainant did not get any confirmed ticket for which complainant decided not to avail of the journey and did not go to the station.

But in this regard, op has taken a defence that they assured the complainant that they shall have to get confirmed tickets at the station after arrival.  The complainant did not attend the station for availing of the journey when other tourists availed of the journey with valid reserved tickets but complainant’s ticket was not used as none of them arrived, for which op alleged that it was the fault of the complainant and the entire amount was forfeited.

On proper assessment of the defense including the total episode of non-appearance of the complainant at the station, we have gathered that op failed to arrange for confirmed tickets for complainant.  A copy of the ticket was supplied to the complainant which bears no name of the complainant and his wife but only it was number of tickets for 4 passengers of waiting list.

So, it is proved that op failed to give tickets to the complainant well in advance.  So, it proves that op is a confirmed business man and they are not in any wrong interested to feel the tourists’ mental condition and desire.

Op tried to convince that it is their headache, not the headache of the complainant.  But we cannot rely upon the op on the ground payments were made well in advance so tickets should be handed over to the complainant.  No doubt, it is a deficient and negligent manner of service on the part of the op.  It is to be mentioned that all the tour agents think that the tourists are commodities, and they can treat them as animals.  But it can be kept in their mind that tourists are human beings, they need mental preparation for their journey.  Complainant cannot prepare himself for journey because tickets which are to be received well in advance are not received by the complainant.

          Even on the morning hours of the journey, the complainant did not get valid reserved tickets.  Op got Rs.2,000/- for Tatkal tickets, but that were not purchased.  Op received advanced amount of Rs.2,000/- other than Rs.20,000/- for journey.  But op has failed to prove that op purchased two Tatkal tickets, so it is proved that it is no doubt an unfair trade practice on the part of the op.

In this regard, it is to be mentioned that Tatkal tickets are sold in between 08:00 AM to 10:00 AM and if op used to purchase it on that date invariably that can be informed to complainant and his wife but the complainant did not get the same.  So, it was proved that money was not used for buying Tatkal tickets; it was kept in the pocket for their business.  The conduct of the op is unfair trade practice.  In view of the above findings we are inclined to hold that any cancellation slip is also not proved by the op to show that op discharged their duties for the complainant but Op acted illegally.  So, op has no legal right to forfeit the amount, not even a single paise out of the deposited amount.

          For those reasons, we are to conclude that op must be penalized for deficient negligent manner of service, op is bound to refund the entire amount and Rs.10,000/- for causing mental agony and pain to the complainant and for not getting chance to end of the pleasure and beautiful scenario of the place for laches of the op.

Thus the complaint succeeds.

Hence, it is

                                                   ORDERED

That the complaint be and the same is allowed on contest against the op with cost of Rs.5,000/-

The op is directed to refund and pay Rs.22,000/- to the complainant.

The op is also further directed to pay compensation amounting to Rs.10,000/- for causing harassment and mental pain and agony.

The op is also directed to pay Rs.15,000/- for adopting unfair trade practice which shall be paid to this Forum.

The op shall have to comply the above order strictly within 30 days failing which for each day’s delay and disobedience of Forum’s order, op shall have to pay punitive damages @ Rs.200/- per day till full satisfaction of the decree and if any, reluctant attitude is found for complying Forum’s order in that case penal proceeding under section 27 of C.P. Act 1986 shall be initiated against the op.