Order-17.

Date-17/02/2016.

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

          Complainant Sunil Kumar Banerjee by filing this complaint has submitted that complainant attended the office of the OP where he came to know from the staff of OP that OP prepared a tour programme of Kerala with Kanyakumari for 14 days.  Complainant and his wife Kabita Banerjee expressed their intention to go for that compact tour commencing from 09-02-2015 to 22-02-2015 as per schedule of OP and the total cost of the tour was Rs. 24,612/- accordingly and complainant paid that amount in full by a cheque bearing No.105079 dated 05.09.2014 drawn in Canara Bank, Hatibagan Branch, Kolkata and for that purpose OP issued a receipt No. JAP00000261/05/09/2014 dated 05-09-2014 and also the said cheque was encashed on 08-09-2014.

On 06-02-2015 complainant sent to the office of the OP to collect the Railway tickets when OP disclosed that tour is cancelled but reason was not disclosed, when complainant requested the OP for refund of entire amount but they denied to refund when a G.D. was lodged at Bowbazar P.S. and after that complainant again and again requested the OPs to refund the entire amount even by sending letter but OPs did not respond.Complainant also drew the attention of the matter to the Assistant Director, CA&FBP, Kolkata Central Regional Office, Kolkata – 1, to solve the dispute, but no result.In such circumstances, Assistant Director advised the complainant to lodge a complaint to legal Forum for redressal of grievance.So, complainant filed this complaint for getting refund of his advance amount of Rs. 24,612/- and also for litigation cost and compensation for harassment etc.

          On the other hand even after publication of notice upon the OP in ‘Aajkal’ dated 20-12-2015 OPs did not turned up to contest the case and in the result, the case is heard ex parte.  

Decision with Reasons

On proper consideration of the complaint and further hearing the complainant and the materials on record, it is found that no doubt complainant paid advance amount of Rs. 24,612/- by cheques vide Cheque No.105079 dated 05-09-2014 and OP received it by issuing Receipt dated 05-09-2014 and said cheques were encashed on 08-09-2014 and said amount was received for the schedule tour on 09-02-2015 but that has been cancelled and no doubt there was no fault on the part of the complainant in this regard.  Cancellation was made by the OP and in fact OP thereafter refused to refund the same.  But ultimately they avoided to repay the same and no doubt such sort of act on the part of the OP is negligent and deficient manner of service and at the same time it tantamounts to unfair practice and deceitful manner.

          Most interesting factor is that very recently many cases have been filed against Jana Ajanar Pathe and in some cases it is found that the OP has closed their all establishment even they are not staying in their houses and that is the report of the police in some other cases.

          Accordingly we have decided the case on merit holding that the complainant has been deceived by the OP, when it is proved that the entire tour programme was cancelled by the OP Jana Ajanar Pathe and OP practically deceived the complainant and thereby they have adopted unfair trade practice for which the complainant is entitled to get back the entire amount.

          At the same time complainant is entitled to get compensation because he has been harassed much at the same time he is deceived by the OP for which the complainant is entitled to litigation cost on the ground that OP did not refund the same and complainant was compelled to appear before this Forum to proceed with the case.

In the result, the case succeeds.

Hence,

Ordered

That the complaint be and the same is allowed on contest with cost of Rs.10,000/- against the OP.

          OP is hereby directed to refund the entire amount of Rs.24,612/- and also to pay penal damages of Rs. 10,000/- to the complainant for harassing the complainant and for adopting unfair practice.

          Accordingly OP is directed to pay a total sum of Rs.24,612/- advance paid amount + Rs.10,000/- as litigation cost + Rs.10,000/- as penal damages to the complainant i.e. total Rs.44,612/- to the complainant within one month from the date of this order failing which penal interest  at the rate of Rs.200/- per day shall be assessed till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.

          Even if it is found that OP is reluctant to comply this order, in that case, penal proceeding shall started for which OP shall be prosecuted u/s 25 read with Section-27 of C.P. Act 1986 for which further penalty and fine shall be imposed upon the OP.