IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD , AT BERHAMPORE.
CASE No. CC No. 07/2016.
Date of Filing : Date of Admission : Date of Disposal :
- 15.02.2016 29.06.2017
1. Sankar Kuamr Halder,
S/o Late Rishipada Halder,
Residing at Chuanpur, Loknath Pally,
P.O. & P.S. Berhampore, Dist. Murshidabad.
-
S/o Sri Probhas Ghosh,
Vill: Amaraganj,
P.O & P.S. & Dist. Dist. Murshidabad. ……………… Complainants.
- vs -
1. Prokash Chandra Mondal,
Agent of Dishari Holiday Ltd.,
Bhakuri, near Mandor,
P.O. Chaltia, P.S. Berhampore,
Dist. Murshidabad.
2. The Manager,
Dishari Holiday Ltd.,
33-A Jawaharlal Nehru Road,
Chatterjee International Centre,
(14th Floor), Flat No. 7,
Kolkata: 700 071. .…..……............ Opposite Parties.
Sri Utpal Kumar Paul, Ld. Advocate ……… for Complainants
Cont. ……….…. 2
= 2 =
Present : Anupam Bhattacharyya ……… President.
Chandrima Chakraborty …. .…. Member.
J U D G M E N T
Chandrima Chakraborty, Member.
Interference of this Forum has been sought for by the Complainants, contending gross negligence, deficiency and unfair trade practice in rendering service towards the Complainants by the Opposite Parties.
In epigrammatic, the fact stated in the complaint, is that, the Complainants had booked a tour programme for four persons to visit Jammu & Kashmir, and accordingly the Complainants paid an advance amount of Rs. 18,000/- only, in total, to the Opposite Parties on issuing ‘Money Receipt’. The date of journey was fixed on 06.10.2014. But before the scheduled tour programme the Opposite Parties informed the Complainants that due to flood in the state of Jammu & Kashmir at the time of the date of tour the said Tour programme was cancelled for the time being.
Thereafter the Complainants repeatedly asked for refund of the said paid advanced amount of Rs. 18,000/- only from the Opposite Parties verbally and also by sending two letters dated 18.12.2014 and 07.10.2015 by registered post which was duly received by the Opposite Parties but of no response what amounts to negligence and deficiency in rendering service by the Opposite Parties towards the Complainants for which being victimized and harassed by the Opposite Parties the Complainants finding no other alternative than to file the instant case seeking adequate redressal against the Opposite Parties.
Cont. ……….…. 3
= 3 =
Despite service of the notice, the Opposite Party No. 1 never appeared before the Forum himself and/or through their representative/Ld. Advocate to contest the case by filing Written Version but the Opposite Party No. 2 appeared before the Forum but ultimately neglected and failed to file the Written Version instead of given repeated chance/dates for filing the same for which the instant case has been heard ex-parte against both the Opposite Parties.
Point for Consideration
The point for determination in the instant case is whether the complainant is entitled to get the relief as prayed for, in the facts and circumstances of the case and in view of the material evidences on record.
Decision with Reasons
In order to prove his allegation set forth in the complaint, the Complainant no. 1 deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case.
The main allegation of the complainant are that, in spite of payment of advanced amount, whether the O.Ps neglected or deficient to provide the services as alleged by the complainants or not.
On overall evaluation of the argument by the Ld. Advocate of the Complainants and perusing the material documents in record, it is evident that, the Complainants had booked a tour programme for four persons to visit Jammu & Kashmir, and accordingly the Complainants paid an advance amount of Rs. 18,000/- only, in total, to the Opposite Parties and the Opposite Parties duly issued the proper ‘Money Receipt’ in favour of the Complainants.
Cont. ……….…. 4
= 4 =
The record reveals that before the scheduled tour programme the Opposite Parties informed the Complainants that due to flood in the state of Jammu & Kashmir at the time of the date of tour the said Tour programme was cancelled for the time being.
It is evident from the documents filed by the Complainants that thereafter the Complainants repeatedly asked for refund of the paid advanced amount of Rs. 18,000/- only from the Opposite Parties verbally and also by sending two letters dated 18.12.2014 and 07.10.2015 by registered post which was duly received by the Opposite Parties but the Opposite Parties remained silent.
Thus, it is deemed to be proved by the complainant that, the Opposite Parties Tourism already received a sum of Rs. 18,000/- only in total, for making an arrangement for a tour program of Jammu & Kashmir. But thereafter the Opposite Parties suo moto cancelled the said trip and also never made any further arrangement of the said tour programme for the Complainants ever yet, for which the Complainants including their family became very upset and mentally harassed. Moreover the Complainants further suffered for their financial loss, which they already paid as advance to the Opposite Parties Tourism.
So, it is crystal clear from the discussions made above that the Complainants are successful to prove that, the total itinerary was failed and/or cancelled due to non compliance and cancellation by the Opposite Parties Tourism. There is no doubt that every person arrange for an itinerary to travel for his mental pleasure, but in this case the complainant with his family members suffered a lot for the deficient and negligent act on part of the Opposite Parties in rendering service towards the Complainants, by cancelling the said Jammu & Kashmir Tour programme.
Cont. ……….…. 5
= 5 =
Moreover, all the allegations made by the Complainants never challenged by any Opposite Parties, even no Opposite Parties ever appeared to contest the case. Therefore, there are no reasons to disbelieve the unchallenged testimony of the Complainants.
But the fact remains that the Opposite Party No. 1 is the agent of the Opposite Party No. 2 and moreover the total advanced amount paid by the Complainants are received by the Opposite Party No. 2 and thus the Opposite Party No. 1 has no obligation/liability to refund the said amount towards the Complainants.
Therefore, the Complainants have successfully proved the case and are entitled to get relief as prayed for, and consequently, the points for consideration are decided in affirmative.
In short, the Complainants deserve success.
In the result, we proceed to pass
O R D E R
That the case be and same is allowed on contest against the Opposite Party No. 1 without cost and also allowed against the Opposite Party No. 2 with cost.
That the Opposite Party No. 2 is directed to pay an amount of Rs. 15,000/- only to the Complainant No. 1 and further an amount of Rs. 3,000/- only to the Complainant No. 2, within one month from the date of this order.
Cont. ……….…. 6
= 6 =
That the Opposite Party No. 2 is further directed to pay a sum of Rs. 5,000/- only, as compensation to the Complainants, as proportionate share, for harassment and mental agony, within one month from the date of this order.
That the Opposite Party No. 2 is also directed to pay a sum of Rs. 3,000/- only, as litigation cost, to the Complainants, within one month from the date of this order.
In the event of non compliance of any portion of the order by the Opposite Party No. 2 within a period of one month from the date of this order, the Opposite Party No. 2 shall have to pay a sum of Rs. 100/- per day, from the date of this order till full satisfaction of the decree, which amount shall be deposited by the Opposite Party No. 2 in the State Consumer Legal Aid Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
MEMBER PRESIDENT
