Complainant by filing this complaint hasalleged that they for the purpose of tour talked with op no.1 the Director of op no.2 for the purpose of a tour from Vizag to Hyderabad for the period from 20.09.2012 to 29.09.2012 and during that period ops assured that they shall give all support and assistance for conducting the tour and tour shall be conducted by the op and historical places during tour shall be shown and for which for 7 members and for 7 days tour they paid Rs.67,500/- and as per tour programme complainant was assured that they shall have to visit Vizag-Araku-Jagdalpur-Hyderabad with his family members and it is a planned tour which would be conducted by the ops.  Thereafter complainant started for the tour on 20.10.2012 along with family members and tour manager was Sujit Prasad Das and train started from Howrah on 20.10.2012 and reached Vizag on 21.10.2012 the next day and after tour when they returned at the guest house but they were not permitted to enter into the guest house because it was disclosed by the said guest house that tour manager did not deposit the entire amount.  Thereafter they have allowed to stay at guest house after conversation with the tour manager and subsequently on 22.10.2012 they took rest and on 23.10.2012 the schedule was fixed for journey to Bora Cave and then to Araku Valley they toured and they were compelled to stay in a 3^rd grade hotel PRUDHVI.  That on 24.10.2012 the tour manager stated in writing that the trip to Jagadalpur and Hyderabad cannot be conducted for lack of money and lack of arrangement and thereafter tour manager left the place and was found missing.  So, the matter was reported to local Araku Police Station by filing a GDE entry and after that having no other alternative complainant spent Rs.30,000/- from his own pocket and completed the tour and returned and thereafter submitted a claim to the ops because the complainant suffered huge mental pain and suffering and also spent excess Rs.30,000/- and he prayed for compensation etc. against the op and for relief.

          No doubt notices were served upon the ops duly to the op no. but against op no.2 it was received back with note Door Locked.  But when op no.1 is director of the said op no.2, so, it is proved that notice was served upon for this purpose.  But peculiar factor is that op did not contest this case and did not challenge the allegation of the complainant for which relying upon the evidences in chief of the complainant including the other documents case was heard exparte finally.

Decision with reasons

          Undisputed fact remains that complainant paid Rs.67,500/- to the ops for a tour programme from Vizag to Hyderabad from Howrah Station and returned on due date and journey started on 20.10.2012 from Howrah and total number of traveler was 6 adult and one child and complainant paid Rs.67,500/- and it is admitted by the complainant that up to 24.10.2012 they toured but thereafter the Manager of the op disappeared expressing that there is no such fund to complete the balance tour that are Hyderabad and Jagadalpur and finding no other alternative complainant completed their tour by spending more money from their pocket and after that they returned and reported the matter to the op but op did not respond or did not pay the complainant any such amount.  It is also evident from the declaration of Sujit Prasad Das that he was unable to conduct the tour as tour manager on behalf of the ops on the ground that there was shortage or lack of money and lack of arrangement.

          So, he left the tour party on road at Araku Valley and that was handed over to complainant by S.P. Dason 24.10.2012 and it is also found from the record that complainant lodged a complaint at Araku Valley P.S. to that effect on 24.10.2012.  but most interesting factor is that ops did not contest this case though they are materials against the ops that they did not complete the said tour and tour manager was compelled to leave the complainant on the way as there was no fund and arrangement was not made by the ops.

          Considering that fact and the evidence and materials as produced by the complainant we are confirmed that same are unchallenged testimony of the complainant and unchallenged documents issued by the ops.

          So, it is proved that complainant suffered much and on transit practically the manager S.P. Das left them expressing his inability to complete the tour programme because ops did not arrange for money and further arrangement.  So, it is proved op acted illegally and did not discharge their duties even after receipt of entire amount of Rs.67,500/- for 7 family members for a tour of 7 days and it is also proved that only for 3 days the tour was conducted and balance 4 days complainant was compelled to complete the tour from their own pocket and in the above situation we are confirmed that ops did not discharge their duties as service provider through they received the entire amount of Rs.67,500/- from the complainant and no doubt complainant suffered mental pain, agony, harassment for another 4 days for spending more moneyfrom their pocket to complete their tour.

          So, it is unfair trade practice and so it is proved that unfair trade practice was adopted by the ops for which they should be penalized and no doubt complainant’s allegations are proved beyond any manner of doubt against the ops for which the ops are liable to pay compensation and to refund the some amount from the total amount of Rs.67,500/- when complainant has also spent huge money from their own pocket to complete their balance journey to Hyderabad and Jagadalpur.

          In the result, the complaint succeeds.

          Hence, it is

ORDERED

          That the complaint be and the same is allowed exparte against the ops with cost of Rs.5,000/-.

          Ops are directed to pay a sum of Rs.20,000/- as compensation for causing mental pain and agony and for loss of their fund to complete their journey within 15 days from the date of this order.

          For adopting unfair trade practice ops are directed to pay a sum of Rs.10,000/- to the Forum to check their such sort of unfair trade practice with the tourist in future and said amount shall be deposited within 15 days from the date of this order to this Forum by the ops.

          Ops are directed to comply this order within stipulated period and to satisfy the decree failing which for each day’s delay penal interest @ Rs.100/- per day shall be assessed till full satisfaction of the decree for which op shall be responsible and even for violation of the Forum’s order ops shall be prosecuted and further penalty of Rs.10,000/- shall be imposed against them as per provision of Section 27 of C.P. Act 1986.