Order-8.

Date-31/08/2015.

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that complainant intended to visit some places of India and at that time he came to know from Newspaper advertisement published in the leading newspaper on and around middle of March, 2015 as to tour programme of Nepal tour for 9 days to be conducted by the OP who is running a business as tour operator and immediately complainant and his wife expressed their intention to join the tour commencing from 13-04-2015 as per itinerary of OP.  Accordingly, complainant paid Rs.17,000/- to the OP on 03-04-2015 and OP issued receipt no.2848 dated 03-04-2015 and complainant also received copy of tour programme.

          OP on 11-04-2015 informed the complainant over phone that the Nepal tour scheduled to be commenced on 13-04-2015 has been cancelled and also asked the complainant to collect the 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 Rs.17,000/- but OP did not refund it and harassed the complainant on various pretext.  So, complainant wrote a letter on 19-05-2015 to refund the amount of Rs.17,000/- but despite such receipt of letter OP remained silent to redress the grievance of the complainant and in the above circumstances complainant has filed this complaint for negligence and deficiency of service and unfair trade practice and directing the OP to pay the advance amount and also the compensation etc.

          Notice of the complaint was duly served upon the OP but they did not turn up.  Subsequently, OP’s agent appeared on 25-08-2015 and prayed for dispose of the case because OP is not willing to contest but willing to pay the amount and accordingly the case is closed finally and argument was heard on 25-08-2015.

Decision with Reasons

On proper consideration of the complaint including the version of OP’s agent on 25-08-2015 and also the order passed on 25-08-2015 being order No.6 it is proved that OP is not willing to contest the case but willing to pay the amount and OP’s agent also signed the left side of the order sheet.  So, considering the receipt issued by the OP in favour of the complainant in respect of the receipt of entire amount of Rs.17,000/- by the OP it is found that complainant paid the entire amount for the said tour and admitted position is that the said tour was cancelled and thereafter complainant sent a letter to the OP but OP did not respond and did not refund the same and that fact is admitted by his agent on 25-08-2015 and prayed before this Forum for disposal of this case because they are willing to pay the same.

          Considering that admission we can dispose of this matter but before that we want to say that Ghose Special is a wellknown tour and travelling company and their mentor Manick Ghosh and another Dipak Dey in such a manner deceived many persons’ huge money alluring the intended tourist that they shall have to conduct such tour but ultimately the programme is cancelled by the OP and in the present case similar incident happened.  No doubt complainant has suffered mental pain and agony and at the same time this money has been spent by the OP for his business since 13-04-2015 so, the allegation of the complainant is no doubt proved as it is admitted by the OP’s agent on 25-08-2015 by signing on the order passed on 25-08-2015.  In the above circumstances, the complaint succeeds.

Hence,

Ordered

That the case be and the same is allowed on consent against the OP with a litigation cost of Rs.2,000/-.

          OP is directed to pay a sum of Rs.17,000/- the total amount received by the OP against the said tour which has been cancelled by the OP and also to pay a further sum of Rs.2,500/- as compensation for causing mental pain and sufferings of the complainant and also for refusing to pay said amount even after receipt of the demand notice.

          Accordingly OP is directed to pay total amount of Rs.17,000/- + Rs.2,500/- as compensation + Rs.2,000/- as litigation cost that is total Rs.21,500/- within one month from the date of this order failing which for non-compliance of the Forum’s order OP shall have to pay penal damages  at the rate ofRs.100/- per day till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.  Even if OP is found reluctant to comply the order in that case penal action u/s.25 read with Section 27 of the C.P. Act shall be started against them for which further penalty and fine shall be imposed.