Order-10.

Datew-30/09/2015.

In this complaint Complainants Dipankar Biswas by filing this complaint has submitted that complainant came to learn that op is conducting a tour programme which was published in daily Newspaper in the middle of March-2015 and that tour was programme of Nepal tour for 9 days for which complainant and his wife expressed their intention to go to or to avail of the said tour programme for 9 days commencing from 13.04.2015 as per schedule of op and accordingly complainant paid Rs. 17,000/- in cash to the op on 03.04.2015 and op issued Receipt No. 2849 dated 03.04.2015 along with tour programme.

On 11.04.2015 op informed the complainant over phone that the Nepal Tour schedule to be commended on 13.04.2015 has been cancelled and also told to collect deposit amount from office of the op on 12.04.2015.Accordingly complainant visited the op’s office on 12.04.2015 for refund of the amount of Rs. 17,000/-.But op harassed the complainant and did not refund it.When complainant wrote a letter to the op on 19.05.2015 for refund the amount of Rs. 17,000/- but despite receipt of letter op did not pay the same and as such negligent and deficient manner of service on the part of the op and for adopting unfair trade practice, complainant filed this complaint praying for refund of the amount and also litigation cost and for redressal.

On receipt of the notice of this complaint, op appeared on 04.09.2015 and deposited of Rs. 5,000/- to the complainant and thereafter on 16.09.2015 paid Rs. 4,000/- and after that op did not file any written version and fled away.So, the case is closed finally for judgement.

                                            Decision with reasons

After comprehensive study of the complaint and also the conduct of the op for deposit of Rs. 5,000/- and Rs. 4,000/- on 04.09.2015 and 16.09.2015 to liquidate the amount what op received against such tour programme from the complainant and admitted position is that op received of Rs. 17,000/- from the complainant.But till today they returned back only Rs. 9,000/- during pendency of this case and did not contest this case and has not paid the balance amount.

So, considering the conduct of the op that the entire complaint of the complainant has admitted by the op for which during the pendency of the case, he paid total Rs. 9,000/- and thereafter did not turn up and such type of conduct on the part of the op business man the tour travel company, we are convinced to hold that Ghosh Special is a renowned company which has been adopting and deceiving the customers again and again.Many cases have been filed against the Ghosh Special by the different customers and this Forum passed decree after decree and thereafter by adopting penal measures the proprietor of the business has been arrested and then op cleared the dues.It is their common practice in all the cases and it is not the first case against Ghosh Special and this Forum has also observed that their proprietor Manick Babu after arrest op was produced to this Forum, he has committed in all the cases, he cleared the dues but in all the cases he deposited the some amount and thereafter he fled away.

So, considering the above conduct of the op, we find that such an op should be imposed some penal damages for adopting such unfair means and it becomes a practice of the Ghosh Special Tour & Travel Company to deceive the public again and again and to clear up the decretal dues and again further advance is taken by op again from other customers and no doubt it is unfair trade practice which is proved.

Regarding cancellation of tour programme as well as the complainant’s mental pain and agony, we are confirmed that op has harassed the complainant, op collected huge amount and that has been invested to someother business and thus op is making profit and customers are being deceived that is also proved in this case.

So, complainant is entitled to get a decree when he has proved that the op’s negligent and deficient manner of service and also adopting unfair trade practice.Thus the complaint succeeds.

Hence, it is

                                                     ORDERED

That the complaint be and the same is allowed on contest with cost of Rs. 5,000/- against op Ghosh Special.

op is hereby directed to refund and pay balance amount of Rs. 8,000/- out of total Rs. 17,000/- which had been received by the op for the tour purpose but no tour was conducted and op shall have to pay further compensation of Rs. 4,000/- to the complainant and accordingly op shall have to pay a total Rs. 17,000/- to the complainant within one month from the date of this order, failing which penal interest at the rate of Rs. 100/- per day shall be assessed till full satisfaction of the decree.

For adopting unfair trade practice and for deceiving the consumer in such a manner repeatedly, op shall have to pay penal damages of Rs. 5,000/- to this Forum within one month from the date of this order.

Op is hereby directed to comply the order very strictly within one month from the date of this order, failing which op shall be prosecuted u/s 25 read with 27 of C.P. Act 1986, for which further penalty and fine shall be imposed upon op.