Order No.  7  dt.  14/02/2020

        The case of the complainant in brief is that the complainant in order to avail the tour conducted by the o.p. made contact with the o.p.  for a tour programme to visit Singapore and Malaysia. The complainant contacted the o.p. and he was informed regarding the details of the tour itinerary and accordingly, the o.p. prepared the tour itinerary for the trip to Singapore and Malaysia for six days and seven nights and three days and four days tour for the year 2019. The o.p. fixed the tour cost of Rs.55,000/- per person. The complainant   expressed their intention to avail the tour along with his wife and daughter. Complainant paid the total cost of Rs.1.65,000/- and the o.p. handed over the flight tickets of Indigo airlines which showing journey date was on 02.03.2019 at 5.50 A.M. from Kolkata and return date on 05/03/2019 from Singapore at 02.45 A.M. The complainant along with his family arrived at Kolkata airport but did not find any tour representative of the o.p. Complainant tried to contact with the tour representative but it was found that their mobile phone remained switched off. The complainant then approached the Indigo personnel with the air ticket and came to learn that the ticket is invalid. The complainant after returning home made contact with the o.p. and asked for refund of the amount and o.p. issued a cheque of Rs.1,50,000/- on State Bank of India in favour of the complainant after deduction of Rs.15,000/- as incidental charges. As per advice of o.p. the complainant deposited the said cheque to his banker UCO Bank but the same was dishonoured on the same date. On the basis of the said fact the complainant sent a letter requesting for the refund of the amount but no fruitful result was achieved. On the basis of those facts the complainant filed this case praying for direction upon the o.p. for refund of the amount of Rs.1,65,000/- with interest and compensation of Rs.1.0 Lakh and litigation cost of Rs.50,000/-.

            In spite of receipt of notice the o.p. did not contest this case by filing w/v and as such, the case has proceeded ex parte against the o.p. The complainant in order to substantiate his case filed evidence on affidavit whereby he stated that the complainant in order to avail the tour conducted by the o.p. made contact with the o.p.  for a tour programme to visit Singapore. The complainant contacted the o.p. and he was informed regarding the details of the tour itinerary and accordingly, the o.p. prepared the tour itinerary for the trip to Malaysia and Singapore for six days and seven nights and three nights and four days tour for Singapore the year 2019. The o.p. fixed the tour cost of Rs.55,000/- per person. The complainant   expressed their intention to avail the tour along with his wife and daughter. Complainant paid the total cost of Rs.1,65,000/- and the o.p. handed over the flight tickets of Indigo airlines which showing journey date was on 02.03.2019 at 5.50 A.M. from Kolkata and return date on 05/03/2019 from Singapore at 02.45 A.M. The complainant along with his family arrived at Kolkata airport but did not find any tour representative of the o.p. Complainant tried to contact with the tour representative but it was found that their mobile phone remained switched off. The complainant then approached the Indigo personnel with the air ticket and came to learn that the ticket is invalid. The complainant after returning home made contact with the o.p. and asked for refund of the amount and o.p. issued a cheque of Rs.1,50,000/-  on State Bank of India in favour of the complainant after deduction of Rs.15,000/- as incidental charges. As per advice of o.p. the complainant deposited the said cheque on his banker UCO Bank but the same was dishonoured on the same date. On the basis of the said fact the complainant sent a letter with request for the refund of the amount but no fruitful result was achieved. On the basis of those facts the complainant filed this case.

            On the basis of the said evidence of record along with the document filed by the complainant it appears that the complainant paid an amount of Rs.1,65,000/- and due to fault on the part of the o.p. the said tour could not take place. Since the evidence of the complainant remained unchallenged, therefore, we hold that there is deficiency in service on the part of the o.p. and the complainant will be entitled to get the refund of amount along with compensation and litigation cost. Thus the case is disposed of accordingly.

            Hence, ordered,

            That the case no.352/2019 is allowed ex parte against the o.p. The o.p. is directed to refund the amount of Rs.1,65,000/- (Rupees One Lakh and Sixty FiveThousand) only and to pay compensation of Rs.25,000/- (Rupees Twenty Five Thousand) only for harassment and mental agony along with litigation cost of Rs.5,000/- (Rupees Five Thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.