The case of the complainant is that he made contact with Op , Travel Agency , Sibani Travels for making tour for four adults from Howrah to Simla and surrounding places. Complainant paid Rs.12,000/- on 23.7.2014 and 3.8.2014 to the OP. OP booked ticket from Howrah to Kalka and Kalka to Simla. Afterwards for some unavoidable reasons , the complainant was unable to avail the tour and he informed the OP by telephone before 39 days prior to trip and wanted refund money after deduction as per Rules. At first they agreed to return money but later on they did not return the full 12,000/- money rather they claimed
addition Rs.5,000/- . After that Op wrote a letter to complainant on 10.9.2014 wherein they have asked for written information of cancellation of ticket for Kinnor. The tour operator cancelled all the tickets and got less amount of Rs.2,156/- . After waiting many days the complainant became apprised that they would not pay any money. The complainant approached before the Assistant Director, C.A. & F.B.P., Hooghly Region but no effective result. Hence, this case.
Op has filed Written version denying inter alia all material allegations aroused by the complainant. It is the case of the OP as per annexure 6 that unless and until written information is not received to the travelling agent , the cancellation of tour will not be taken into consideration. Hence, “you are requested to send a written information of cancellation of package tour for Kinnor within seven days, after receiving of this letter, otherwise, your verbal request shall not be accepted and you are liable for all charges plus service charges which is required for your whimsical act”. It is also case of the oP that complainant did not inform the op in writing after receiving the Annexure 6. The party reached loss Rs.66,000/-. After than complainant sent legal notice claiming Rs.12,000/-. Accordingly, there is no merit in the case of the complainant which should be dismissed.
POINTS FOR DECISION :
- Whether the complainant is a consumer ?
- Whether there is any deficiency in service on the part of the oP ?
- Whether the complainant/petitioner is entitled to get relief as prayed for ?
DECISION WITH REASONS :
Point no.1
Complainant had paid Rs.12,000/- to the oP for travelling to Kinnor, in the State of H.P. So the complainant is a consumer under the Op as per Section 2(d)(i) of the C.P.Act, 1986.
The point no.1 is thus answered in favour of the complainant.
Point no.2 and 3
It is admitted fact that complainant agreed to conduct a tour with the help of Op Travel agency and for this purpose complainant paid Rs.12,000/- . For some reasons complainant was complainant was compelled to cancel the tour and he informed the matter to the Op and complainant claim to refund Rs.12,000/-. OP tour company took the plea that as per their brochure rules by telephonic message no cancellation would be done. In the interrogatories question no.15 complainant stated on 31.8.2014 he came to Chandernagore. It was not written in the brochure that cancellation could be done by written or mail. It is also stated in this answer para 14 that Op got Rs.9960/- after cancellation of tickets and deduction was Rs.1240/-. No questions arise regarding booking of Hotel for food and lodging. The OP has put this question in which complainant answered in para no.15.
We have the brochure . There is no evidence that the Brochure was read over and explainne to the complainant. As such complainant has no active knowledge regarding the contention of the brochure. The brochure consisted of one page without any signature of the
Op nor any signature of any authorized person. It can be considered as merely self advertisement not authorized by Govt. of West Bengal or Govt. of India. These Rules and Regulations has no legal force. It is not in accordance with the consent of tourism organization
of any Govt. The Op cannot use this brochure as a showred of attack to complainant. But fact remains that being attached by this allurement advertisement the complainant came there to avail the tour and he paid Rs.12,000/- to Sibani Travels and later he was unable to avail the tour due to some reasons. So the complainant was unable to avail the tour , the ticket was cancelled and as per reply of complainant in para 15 OP got Rs.9,960/- after deduction of cancellation charge of Rs.1240/-. So materials on record convinced us that the complainant was unable to avail the tour and he paid Rs.12,000/- to the oP. Accordingly, complainant has right to get the money back by Op, Sibani Travels. So , the material on record prove the case in favour of the complainant and the case succeeds on contest. Another fact is that complainant failed to get the money back from Op , he applied to the C.A. & F.B.P. , Hooghly and after that the complainant came to the Forum for relief. The omission on the part of the Op, compelled the complainant to file this case for getting back his money. Accordingly, it is the Op who compelled the complainant to run here and there in their old age. So they should be compensated as per provision of Law. Hence it is -
Ordered
That the C.C. no. 32 of 2015 be and the same is allowed on contest . The Op is directed to refund Rs.9,960/- to the complainant, the cost of the ticket after deduction. The Op is further directed to pay Rs.10,000/- to the complainant towards compensation for their unnecessary
harassment, agony and pain. The Op is also directed to pay Rs.5,000/- to the complainant for litigation cost.
The Op is directed to comply the above orders within 30 days from the date of this order i.d. the complainant is at liberty to execute the order by filing Execution case.
Let a copy of this order be made over to the parties free of cost.
