Shri A. Chanda, Member.   

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

          The case of the complainant in short is that he contacted the OP1/Mukherjee Tours and Travels, 64, B.B. Ganguly Street, P.S. Bowbazar, Kolkata – 700 012 for the tour which was conducted by the OP for 6(six) days from 22-12-2012 to 27-12-2012 for his four family members along with child and paid Rs.10,000/- in advance on 11-1-2012 and Rs.20,000/- paid on 16-12-2012 respectively.

          It is stated by the complainant that there was also an appointment with a doctor on 27-12-2012, Hyderabad so, he decided to return Kolkata by air and accordingly booked the air tickets for departure from Hyderabad on 31-12-2012 at 19-50 hours and the schedule time of arrival in Kolkata was at 21-45 hours.

          Since, the OP/Travel Co. assured them that they would provide confirmed Railway Tickets on VIP Quota or at least on tatkal for their journey, and presuming to have a confirmed train tickets from them they made an appointment with the doctor at Hyderabad they on 27-12-2012.  But astonishing one day preceeding to date of journey the OP intimated their failure to arrange confirmed train tickets, instead they offered Bus tickets on the day right before the date of actual journey though they never consented or never thought about such mockery on the part of OP.  Their utter failure to provide reserved confirmed Railway tickets and informing the matter just on the previous day of the schedule date of journey put them unawares and even if they were told a few days before the journey by the OP, themselves could have got the opportunity to avail tatkal facility for arrangement of Railway tickets.  Under this situations they were compelled to cancel the flight tickets which was purchased by them from Hyderabad to Kolkata and also had to cancel the appointment which they sought in utmost difficulties at L.V. Prasad Eye Hospital to their great dismay and discomfiture and all preparations and their all programmes were shattered simply for the utter deficiency of service on the part of OP as well as for their unfair trade practices which was adopted by them.  The failure and negligence of the OP to provide such services had resulted into a great hardship, pecuniary loss, mental and physical dissatisfaction of the complainant and, as such, he filed this complaint to the Ld. Forum to get relief by way of refund of due money paid to them and compensation for such mental agony suffered by them along with litigation cost.  Hence, this case.

          The OPs neither appeared nor filed any written version in spite of notice served.  Hence, the case is heard ex parte.

          Now, the question is whether the complainant is entitled to get relief as prayed for.

Decision with Reasons

Admittedly, the complainant booked for the tour conducted by the OP on payment of Rs.30,000/- for the schedule tour programme to be started on 22-12-2012 to 27-12-2012 for 4(four) adults and one child of the family members.

          `it is the case of the complainant that as assured by the OP to arrange confirmed train tickets they intended to undertake the journey/tour being conducted by the OP and also they booked the air tickets for return journey from Hyderabad to Kolkata on 31-12-2012 after attending the L.V. Prasad Eye Hospital on 27-12-2012 as prior appointment with the Doctor was fixed at 10-30 a.m. on that day.  But the whole programme was shattered simply for the utter deficiency of services of the OP who in spite of assurances failed to arrange confirmed train tickets for the tour and even prior to one day of schedule date of journey in spite of assurances to provide confirmed tickets on VIP Quota tatkal, failed to keep their promises and, as such, the whole programme as per schedule had to be cancelled and for such act of OP the complainant compelled to cancel the air tickets and also schedule appointment with the doctor at L.V. Prasad Hospital.  Under the constraint situation the OP/travel company is absolutely responsible and thus for such poor services as rendered by the OP/tours and travels, the complainant claimed refund of money compensation for such mental agony and harassment along with litigation cost.

          We have heard the complainant and perused the documents and all the records.  The complainant led evidence and submitted all the documents as reflected above and those documents support the case of the complainant.

          On careful consideration of the materials and the evidence led by the complainant, we are of the view that since the case of the complainant remain unchallenged and there is no reason to disbelieve the unchallenged testimony supported by documentary evidence of the complainant.

          Thus we are of the view that the petitioner/complainant have definitely been harassed due to irresponsible act of OP/tours of Travels who failed to arrange confirmed train tickets for the tour programme and due to such act of failure from the side of the OP, the whole programmes were shattered and air tickets had to cancel appointment with the doctor at L.V.S. Prasad Hospital was not held in due date which caused deficiency on the part of the OP and falls u/s.2(1)(g) and (r) of the C.P. Act, 1986 and so the OPs are liable to refund the balance paid money by the complainant of Rs.10,000/-.  Such conducts of OPs also amounts to unfair trade practice.  So, the OPs are also responsible to pay litigation cost of Rs.2,000/- and compensation of Rs.10,000/- in favour of the complainant. 

          In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed ex parte against the OPs with a litigation cost of Rs.2,000/-(Rupees Two thousand only).

          The OPs are directed to refund and pay Rs.10,000/-(Rupees Ten thousand only) to the complainant as balance money being paid to them. The OPs are also further directed to pay compensation of Rs.10,000/-(Rupees Ten thousand only) to the complainant for causing harassment and mental pain and agony.

          The OPs are directed to comply the above order within one month from the date of this judgment, failing which over the said amounts per day penal interest of Rs.100/- shall be assessed till full satisfaction of the decretal dues.

          It is OPs fail to comply with the order within stipulated period as per spirit of the order, in that case for each days delay punitive damages @Rs.50/- per diem shall be charged and assessed against the OPs till full satisfaction of the decree and if said amount is collected the amount shall be deposited to State Consumer Welfare Fund of this office on proper receipt.  Even if the OPs neglect to comply penal action/proceeding shall be initiated u/s.27 of the C.P. Act, 1986.

          Complainant to send the copies of judgment to the OPs at once for compliance.