Complainant Smt. Banani Ghosh by filing this complaint has submitted that being allured by newspaper advertisement published in the Anandabazar Patrika on 29.09.2013 complainant and their family members prepared for a tour programme of Uttar Pradesh for 13 days tour commencement from 24.12.2013 to 05.01.2014 and as per schedule of op and accordingly relying upon their version, complainant paid in advance a sum of Rs. 4,000/- dated 02.12.2013 and subsequently Rs. 19,380/- vide cheque No. 000000261651 dated 10.12.2013. Thereafter complainant talked on 23.12.2013 with op for confirmation of the schedule journey of 24.12.2013 and in reply op told the complainant that said journey of 24.12.2013 has been cancelled and also requested to collect deposit amount from the office of the op on any working days.
After hearing the information of the op, complainant visited the office of op on 26.12.2013 for refund of Rs. 23,380/- but op told the complainant to come after a week and thereafter complainant accordingly after one week went to the op’s office and op issued the complainant a post-dated cheque bearing No. 556285 dated 11.05.2014 for Rs. 23,380/- drawn in Dhanlaxmi Bank Ltd., Brabourne Road Branch, Kolkata.
But subsequently complainant deposited the cheque and the said cheque was dishonoured for the reasons of his insufficient of fund. In this regard complainant lodged a GD to Baranagar P.S. on 13.11.2014 stating the facts of instant case and op has collected all the receipts issued by the op. In the meantime after handled over such cheque when complainant drew the attention regarding dishonoured cheque to op vide letter dated 13.02.2014 and pressed for refund the amount of Rs. 23,380/- in cash but op did not pay any heed and did not pay any response.
Thereafter complainant drew the matter under attention to the Assistant Director, Consumer Affairs Department for redressal and the said Secretary made his best efforts to solve the dispute but no result and as per advice of the CA Department, complainant was compelled to file this complaint for redressal for negligent and deficient manner of service and deceitful manner of service and prayed for other relief.
On the other hand op was served a notice and subsequently a letter in writing dated 17.03.2015 and submitted that they shall have to clear all the dues or claim amount to the complainant by the next date. Accordingly this Forum gave a chance to the op from 17.03.2015 but even after that op did not comply the same and did not specify the claim of the complainant and has not filed any written version. So, the case is heard exparte on 23.03.2015 when it is found that op is absent and without clearing the dues. Accordingly the case is heard on contest and on admission of the op Ghosh Special.
Decision with reasons
On proper consideration of the materials on record including the complaint and further documents and also the letter of the op dated 17.03.2015 as submitted by the op before this Forum for clearing the dues of the complainant, we are confirmed that complainant’s allegation against the op is well proved and truth is that complainant paid a sum of Rs. 23,380/- in the said journey. But the said journey was cancelled by the op and that amount was paid on 02.12.2013 and 10.12.2013 and that amount was taken by the op as booking charge and total amount for that journey of tour programme at Uttar Pradesh to be conducted by the op and admitted position is that op cancelled it and did not return the same since 10.12.2013 and most interesting factor is that op even after realizing the fact that complainant may go before the Forum for relief for which to harass further issued a cheque of said amount of Rs. 23,380/- on 11.01.2014 but that was also dishonoured on the ground that there was insufficient of fund which is also proved by the complainant by producing that documents that is dishonoured cheque including the dishonoured slip issued by the Bank of Baroda stating the fact of bank clearing.
So, it is clear purposefully op issued such cheque knowing fully well that the said cheque shall not be encashed. Even after that complainant went to the op for refunding the same but they did not pay any heed and fact remains that complainant has been harassed by the op since 24.12.2013. Most interesting factor is that after receipt of the notice of this complaint, op appeared and submitted that they shall have to clear the entire amount by the next date that is 23.03.2015 and that date was fixed as per prayer of the op made on 17.03.2015. But even on 23.03.2015 op did not appear and did not clear the same amount. It indicates that this Ghosh Special authority is not in a mood to refund the same amount. So, it is proved that complainant has been deceived by the op and op has no desire to refund it and it is no doubt deceitful manner of business because op also issued blank cheque having knowing fully well that there is no fund in the account of op and that is ultimately dishonoured that means that this practice is being followed by Ghosh Special in most of the cases. From our past experiences we are convinced that this Ghosh Special has also deceived so many customers in such a manner and many cases were filed against this Ghosh Special and ultimately after passing of final order and after filing of execution case when warrant is issued, they are found that promptly clear the dues and that is their business and so we find that the complaint as filed by the complainant is truthful expression and allegation against the op is no doubt admitted fact that complainant is entitled to get back the amount and accordingly for causing harassment and for deceiving the complainant in such a manner and also for causing mental pain and agony, this complaint succeeds.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest against the op with cost of Rs. 5,000/-.
Op is hereby directed to refund the sum of Rs. 23,380/- which was received as total amount for the tour package. But tour programme has been cancelled by the op. Further for harassing and adopting such deceitful business op has been directed to pay Rs. 10,000/- as compensation.
Accordingly op to pay a sum of Rs. 38,380/- (Rs. 5,000/- litigation cost + Rs. 23,380/- advance booking amount + Rs. 10,000/- as compensation) to the complainant within 15 days from the date of this order failing which for non-compliance of the Forum’s order and also for further harassing the complainant, op shall have to pay penal interest at the rate Rs. 200/- per day till full satisfaction of the decree and if penal interest is collected, it shall be deposited to this Forum by the op.
If op fails to comply the order within the stipulated time and is found reluctant to comply the Forum’s order, in that case, op shall be prosecuted u/s 27 of C.P. Act 1986 for which they shall have to further impose and penalty and fine.
