Complainant by filing this complaint has alleged that he booked a Tour for ‘Leh Ladakh’ for himself and his daughter which will be started on 28.09.2014 and accordingly the complainant paid a sum of Rs. 4,000/- as advance to the op no.1 by cheque being no. 00134 drawn on Bank of Baroda, Andul Road Branch on 25.04.2014.  On the same date the complainant booked another ‘Leh Ladakh’ tour for his another two family members i.e. wife and daughter and paid a sum of Rs. 4,000/- to the op no.1 by same cheque being No. 000134 drawn on Bank of Baroda, Andul Road Branch, Howrah on 25.04.2014.

          As per the Rules and Regulations of the op no.1 the consumers can purchase their own plane ticket/train ticket in their own cost but that should be informed to the op no.1 in advance and accordingly on 05.05.2014 the complainant sent their Air Tickets which was duly recorded by the op no.1 and later the train tickets was also sent to the office of the op no.1.

          It is specifically alleged that last date of payment of the balance amount to the op no.1 is 29.08.2014 and accordingly on 28.08.2014 the complainant visited their office to pay his balance but the employees of the op no.1 told to come on 02.09.2014 as there was some problem in the computer and accordingly complainant on 02.09.2014 visited their office and wanted to pay the balance amount of Rs. 64,000/- by cheque.  But op no.1 informed that the cheque should be drawn in favour of one S.P. Kundu.  So the complainant raised objection and told that it is against their general rules and regulations and the complainant wanted to pay balance amount in favolur of the Kundu Special but the op no.1 denied to accept such cheque and threatened the complainant by saying  “given in name of S.P. Kundu otherwise go back”.

          At that point of time some employees of op no.1 along with op no.2 insulted the complainant and threatened the complainant by using filthy languages and told “do whatever you like.  You cannot do anything against Kundu Special”.  Accordingly the complainant requested both the ops to refund the money of Rs. 8,000/- but they denied to refund such money.  Even the op no.2 threatened to kill the complainant if the complainant once again demanded the aforesaid amount and so the complainant being compelled left the office through Complainant for journey on 28.09.2014 for which the complainant purchased the train ticket through Rajdhani Express from Kolkata to Delhi and also purchased air ticket through Jet Airlines from Delhi to Leh.

          But even the flight ticket from Ladak to Delhi by Jet Airlines and train ticket from Delhi to Kolkata by Rajdhani Express was also purchased by the complainant on payment of Rs. 75,000/- but the op did not refund the advance amount, did not even accept the balance amount within the due date in an appropriate manner.  So, on 03.09.2014 complainant lodged a complaint before the Bowbazar police Station which was duly recorded by the concerned Police Station on 03.09.2014 and police has taken no cognigence.

          Thereafter complainant filed a writ petition being number W.P. 26689(W) of 2014 before the Calcutta High Court on 12.09.2014 and notice was served upon all the ops and finally the police authority initiated a Criminal Case being No. 417 dated 13.09.2014 U/s 420/426/406/506 of the I.P.C. and accordingly on 15.09.2014 a notice U/s 91 of the Cr. P.C. was served upon complainant and finally on 17.09.2014 the Police authority prepared a seizure list and handed over the F.I.R. to complainant.

          Complainant in this complaint specifically mentioned that it is purely an unfair trade practice on the part of the op no.1 and to issue cheque in favour of the S.P. Kunduin place of M/s. Kundu Special and it is completely deficiency in service and deceitful manner of service and in the above circumstances, complainant being harassed and suffered from mental pain and agony and has prayed for refund including compensation and litigation cost etc.

          On the other hand op by filing written statement submitted that the entire complaint is false and fabricated and fact remains that complainant booked for such tour from Kundu Special but cheque was issued in the name of Soumitra Kundu knowing fully well that there were some trouble among the partners of the op company.  Truth is that complainant never visited the office on 29.08.2014 to pay the balance amount and employees of the op never asked him to come on 02.09.2014 as there was some problem in the computer.  But complainant has made out this cock and bull story to camouflage his default and complainant defaulted in payment of the balance amount within time and when he was reminded of his default he became hostile and violent and started making all sorts of allegations and excuses against the op.  But the complainant was repeatedly asked to pay the balance amount in the name of S.P. Kundu and op tried to make it understandable that there are some internal issue between the owners of the op and as such the account standing in the name of the op is non-operational for quite some time and everybody is issuing cheque in the name of S.P. Kundu.  Though, in spite of receiving cheque in the name of an individual the op was issuing receipt in its own name acknowledging payment made in the name of the individual as the payment made to it, but the complainant point blank refused to issue cheque for the balance amount in the name of S.P. Kundu and started threatening the employees of the op with serious consequences on the pretext that he is a lawyer of Calcutta High Court and in order to buy peace the op offered to refund him the total advance of Rs. 8,000/- but he changed his stand and started asking for compensation and complainant activated all the legal machinery at his disposal and ensure that the business of the op would be closed down.  But the complainant did not get any result so he has filed this complaint before this Forum but op never refused to pay the advance money but they were always willing to pay it. 

          In fact complainant was at fault for which complainant did not pay the balance amount for which his journey was cancelled and truth is that op cannot allow the complainant to undertake the tour without paying the balance amount and by asking for refund the complainant has himself admitted that he wanted the trip to be cancelled and therefore, he did not pay the balance in the name of S.P. Kundu though there would not have been any problem but the complainant intentionally and deliberately created the entire story to gain by the cancellation of the tour by him.  So, there was no deficiency or negligence on the part of the op for which present complaint should be dismissed.

                                                   Decision with reasons

          On an in depth study of the complaint including the written version, it is found that admitted position is that complainant paid Rs. 8,000/- as booking amount for the tour for Leh and Ladakh for himself and his daughter and wife.  Truth is that Kundu Special entered into a contract with the complainant for rendering service in this regard and Kundu Special issued terms and general rules and regulations and Kundu Special issued the receipt in favour of the complainant for journey etc.  Admitted fact is that complainant paid Rs. 8,000/-.  It is also admitted fact that complainant submitted air ticket copy, rail ticket copy which were purchased by the complainant.  But anyhow the Kundu Special received the cheque in the name of S.P. Kundu and as per said contract, complainant was liable to pay the balance amount of the total tour, the complainant no doubt went to the office of the op and asked them to issue a receipt in respect of payment of the said amount by Kundu Special only because complainant was aware of the fact that at the time of booking, Kundu Special creating pressure upon the complainant managed to secure the cheque in the name of S.P. Kundu.  But as per contract, there is no such clause that cheque shall be issued in the name of S.P. Kundu.

          Truth is that complainant submitted all papers for his journey that is copy of air ticket and rail ticket etc.  But as per complainant’s version, complainant was dissatisfied with the conduct of Kundu Special for forcing the complainant to issue cheque in the name of S.P. Kundu and for which complainant was disgusted and doubt was created in his mind for which he asked the op to issue receipt by the Kundu Special authority but that has not been issued which is proved, when op has admitted that there was an internal feud amongst the partners of the Kundu Special for which S.P. Kundu collected money from the customers including the complainant by compelling the customer to issue cheque in the name of S.P. Kundu.  But it is completely beyond the terms and conditions of the said booking slips as issued by the Kundu Special.

          So, considering that fact, it is clear that doubt was created in the mind of the complainant in view of the fact.  Kundu Special issued practically receipt but complainant was compelled to issue cheque in the name of S.P. Kundu.  But nowhere in the booking slips, it is specifically noted under what rule the cheque would be issued in the name of S.P. Kundu by the complainant and no doubt at the time of balance payment, complainant legally claimed a receipt in respect of issuance of cheque by him in favour of Kundu Special but op did not agree and for which the complainant cancelled the tour and no doubt it is against the terms and conditions of the tour programme and the clause and if Kundu Special does not issue such receipt and if cheques are issued in the name of S.P. Kundu, then in future it would not be possible for any customer to claim any money from the Kundu Special.   In view of the fact in the name of S.P. Kundu, no cheque was issued.  So, considering that fact, we are convinced to hold that the entire procedure as adopted by the op is unfair trade practice and truth is that complainant pointed out that unfair practice for which the ops became furious and no doubt the complainant was harassed by the op and truth is that for ops’ adamant attitude, practically complainant lost huge money for cancelling the air ticket, rail ticket etc. and such loss was faced by the complainant only for the ops’ internal feud amongst the co-partners which is no doubt harassing in nature.

          No doubt after appearance, op had admitted that they are willing to refund the said amount.  But the question is for what reason violating the terms and conditions of the booking complainant was compelled to issue cheques in the name of S.P. Kundu when there is no such documents supplied by the Kundu Special authority to the effect that they authorized S.P. Kundu to receive money on behalf of the Kundu Special and to issue cheque in the name of S.P. Kundu.

          So the entire transaction was made by the ops by forcing the complainant to issue cheque in name of the S.P. Kundu is completely unfair trade practice and truth is that complainant was practically deceived by the ops and the ops’ conduct in this regard is no doubt unfaithful and in all respect, complainant’s hope for tour was shattered due to negative attitude of the ops and for which complainant suffered mentally and he and his family members failed to enjoy the tour and at the same time they are compelled to cancel the air ticket, rail ticket and for which some amount was deducted and all those incidents happened due to negative attitude of the ops and their negligent and deficient manner of service and in the above circumstances, we are convinced to hold that complainant has been able to prove the deceitful manner of trade of the ops and their activities and practically complainant has been harassed by the ops and prior to filing of this case complainant prayed for refund of the money but that was not refunded and ultimately police case was started on the basis of Writ Petition filed by the complainant and that case is not disposed of and thereafter the complaint was filed and ops appeared and they are trying to show that they are innocence.

          But in our opinion we have gathered that Kundu Special has adopted an unfair trade practice and deceitful manner of practice and under any circumstances, Kundu Special cannot direct any customer to issue cheque in the name of S.P. Kundu in such specific contract and in the present case, it is proved that the deceitful manner of practice has been adopted by the op Kundu Special which should be stopped in future by the Kundu Special and if any such incident is further noticed by this Forum, in that case, Kundu Special shall be otherwise imposed several type of penalty even his business may be closed for such sort of unfair trade practice.

          In the light of the above findings, we are inclined to hold that the complainant is entitled to get refund of the said amount including compensation for harassment and also for loss of money due to cancellation of air ticket and rail ticket.  Fact remains that complainant was compelled to file this case for which he spent huge money.  So, litigation cost must be paid by the op.

          Accordingly, the complaint succeeds.

          Hence, it is

                                                             ORDERED

          That the complaint be and the same is allowed on contest against the ops with cost of Rs. 10,000/-.

          Ops are hereby directed to pay the entire amount and refund the entire money of Rs. 8,000/- and also shall have to pay a sum of Rs. 7,000/- as compensation for harassing the complainant and his family members and also for causing mental pain and agony and further for loss of huge amount for cancelling their air ticket and rail ticket.

          Accordingly ops are directed to pay the total sum of Rs. 25,000/- (Rs. 10,000/- litigation cost + Rs. 8,000/- as booking amount + Rs. 7,000/- as compensation) to the complainant within 15 days from the date of this order failing for non-compliance of Forum’s order and for disobeyance of the Forum’s order, penal damages  a the rateRs. 200/- per day shall be assessed till full satisfaction of the decree and if it is collected, it shall be deposited to the Forum’s account for adopting such deceitful manner of practice by the ops and to check such sort of practice and trade and business by the ops, ops are directed to pay sum of Rs. 5,000/- to this Forum as penal damages and it is imposed only to check such sort of unfair trade practice and deceitful manner of trade as adopted by the ops.

          Ops are directed to comply the Forum’s order very strictly within stipulated time of 15 days from the date of this order failing which penal action U/s 27 of C.P. Act 1986 shall be started for which further penalty and fine may be imposed.