In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.145/2009

1)                   Sri Arya Basu,

2, Allenby  Road, Flat No.1, Kolkata-20.                                                        ---------- Complainant

---Versus---

1)                   Mr. N.K. Basu of Ashiana Gardens,

389, Jodhpur Park, Kolkata-68.

2)       Mr. Tshering Wangchuk,

C/o. Hotel Everest, Clock Tower,

Thimpu, Bhutan.

3)       Mr. Sunny Das of M/s. Swagata Travels,

1A, Indra Roy Road, Kolkata-25, P.S. Bhowanipur.                                    ---------- Opposite Parties.

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member

                        Smt. Sharmi Basu, Member

Order No.   32    Dated  04/10/2012.

            The petition of complaint has been filed by the complainant Sri Arya Basu against the o.ps. Mr. N.K. Basu of Ashiana Gardens and others. The case of the complainant in short is that complainant made contact with o.p. no.3 for his package tour to Bhutan and o.p. no.3 brought the complainant to o.p. no.1 who as per submission of o.p. no.3 is an expert of the conducting tour to Bhutan. O.p. no.1 agreed to arrange a package tour for complainant and his wife to Bhutan at a consideration of Rs.22,000/- in total out of which Rs.11,000/- was supposed to pay o.p. no.1 directly at Calcutta and balance amount of Rs.11,000/- to be paid to o.p. no.2 at Bhutan to Mr. Tshering Wangchuk of Hotel Youdzer, Clock Tower, Thimpu, Bhutan. The said tour was scheduled for complainant and his wife for 5 nights 6 days journey with car but without any food and the date of the said tour was scheduled from 4.10.08 to 8.10.08. Complainant agreed to such proposal of o.p. no.1 and paid Rs.11,000/- instantly to o.p. no.1 and o.p. no.1 accepted the said consideration and issued a detailed route chart and detail of the said package tour. O.p. no.1 customized package for Bhutan tour from 4.10.08 to 9.10.08 and assured complainant to luxuries tour with 1 night stay in Phuentsholing, 2 night stay in Thimpu, 2 night stay in Paro and return to Kolkata on 9.10.08. O.p. no.2 also claimed that deluxe rooms in best hotels would be provided for stay in the aforesaid places and a Toyota Corolla car would be at the disposal of the touring couple for the entire period of package including transportation from one place to another and all the site seeing enroot and in and around Thimpu and Paro. O.p. no.1 handed over a type written itinerary depicting every detail of th e covered in tour.

            As per schedule complainant arrived at Phuentsholing on 4.10.08 and checked in the hotel
Everest as per arrangement. But the complainant utterly shocked seeing the condition of the hotel in general and room allotted to complainant in particular. The room was very shabby and poorly furnished. Complainant tried to draw the attention of the hotel management but of no improvement. Furthermore, Mr. Tsering Wangchuk, who was also present at the office of the hotel and demanded the balance payment of Rs.11,000/- which was payable at Thimpu. On his insistence complainant had to pay the said money i.e. the balance amount of Rs.11,000/- to him. Hence the case was filed by complainant with the prayer contained in the petition of complaint.

            O.p. no.1 had entered his appearance in this case by filing w/v and denied all the material allegations labeled against him and prayed for dismissal of the case. O.p. nos.2 and 3 did not contest the case by filing w/v and matter has been heard ex parte against o.p. nos.2 and 3. Ld. lawyer of o.p. no.1 in the course of argument has stated that the case has no merit and the same is liable to be dismissed.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular. We find from the record that the accommodation was not upto the mark as was promised by o.p. no.1 and there was no arrangement for hot water supply in the hotel nor there was any space even for car parking and as such, had to abandon the tour well before and came back to Kolkata on 6.10.08 and this act on the part of o.p. nos.1 and 2 amounts to deficiency of service to its consumer / complainant and complainant is entitled too relief.

            Hence, ordered,

            That the case is allowed on contest with cost against o.p. no.1 and ex parte with cost against o.p. no.2 and ex parte against o.p. no.3 without cost. O.p. nos.1 and 2 are jointly and/or severally directed to refund Rs.22,000/- (Rupees twenty two thousand) only to the complainant with interest @ 9% p.a. from the date of deposit till the date of realization  and are further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.