Order No.  10  dt.  01/11/2017

          Fact of the case according to the complainant, in brief, is that the complainants agreed to undertake package tour programme for  seven persons including their family members to visit Bangkok and Pattaya for the period from 22.04.2015 to 26.04.2015, organised by M/s Sunny Sand Holidays (O.P.) , 37/1D Hazra Road, Kolkata-700 029 with payment of Rs.2,14,550/- @ Rs.30,651/- per person including VISA charge of Rs.15,400/- @ Rs.2,200/- per person.  But subsequently o.p. decided not to provide Visa arrangement and asked the tourists/complainants to make arrangement for visa of their own. Accordingly 3 post dated cheques were handed over by the o.p. to the complainants for refund of Rs 15400/-and the complainants deposited those cheques in their banks for clearance of the same. After the completion of tour from Bankok and Pattya, the complainants returned to Kolkata and found that the cheques issued by the o.p. were dishonored and the Bank deducted Rs. 362/- as the charge of dishonoring the three cheques. O.p. was requested time and again by the complainants to refund of Rs.15,762/- including charges of dishonoring those cheques. Ultimately complainants informed the matter to the mediation wing of the Consumer Affairs Directorate to resolve the issue. In the first meeting held on 19.06.2015 o.p. had handed over Rs.4,000/- to the complainants and undertook that the remaining amount would be refunded in the second meeting scheduled to be held on 15.07.2015 but o.p. did not attend the 2^nd meeting. O.p.did not make any payment subsequently. Finding no other alternative  the three complainants lodged this complaint for refund of Rs.11,762/- with compensation of Rs.20,000/- for harassment and mental agony and litigation cost of Rs.10,000/-.

             PR & TR showed that notice had been served upon the o.p.  Ld. Lawyer of o.p. appeared on 31.05.2016 but subsequently o.p. did not participate in the proceeding and therefore, op had been fixed ex-parte in this case.

            On the basis of the pleadings of the party the following points are to be decided:

1. Whether there is any deficiency in service/unfair trade practice on the part of the o.ps?

2.   Whether the complainant is entitled to get any relief as prayed for?  

Decision with reasons:

            All the points are taken up together for the sake of brevity and avoidance of repetition of facts.           

            In order to prove the case, complainant sworn an affidavit of evidence in support of justification of the complaint and filed the documents in support of their claim including the photocopy of payment receipts issued by the o.p. and the documents regarding dishonoring of  three cheques. Due to unchallenged testimony of the complaint there is no scope to disbelieve the submission of the complainant and therefore it should be accepted and necessary order is to be passed accordingly.           

            Considering the submission of the o.p. and on perusal of records it is an admitted fact that complainants paid the whole consideration of Rs.2,14,550/- @ Rs.30,651/- for each person for seven person against the package tour programme including arrangement for visa for enrouting return journey through Bangkok Airport. But op refused to make any arrangement for visa and asked the complainant to arrange visa of their own. After getting payment for arrangement of visa o.p. unilaterally decided not to provide service for that. Again refunding of money through cheques issued by the o.p. had been charged  with Rs.362.00.

            Complainants then adopted to resolve the problem through the mediation process of the Directorate of Consumer Affairs and Fair Business practices, Government of West Bengal. In the 1^st meeting of the mediation process on 09.06.2015 organized by the Asstt. Director, Consumer Affairs & Fair Business Practices, Kolkata, South Regional Office, the o.p. had been persuaded to be squeezed out of Rs.4,000/- out of Rs.15,732/- to be refunded to the complainants. Thereafter o.p. had avoided the complainant in paying the unpaid amount and the complainants compelled to lodge this complaint.

            With the above points in view we hold that o.p. had adopted unfair trade practice towards rendering service for arrangement of visa against consideration to the complainant and therefore, complainants are entitled to get the relief. Thus, all points are disposed of accordingly.

            Hence, ordered.

            that the CC No.433/2015 is allowed ex-parte against the o.p. with cost. Therefore, o.p. is directed to refund proportionately to the complainants Rs.11,762/- (Rupees eleven thousand seven hundred sixty two)only along with compensation of Rs.6,000/- (Rupees six thousand)only for harassment and mental agony and litigation cost of Rs.3,000/- (Rupees three thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.           

            Supply certified copy of this order to the parties free of cost.