- Amitava Dutta,
371, Parnasree, Behala,
P.S. Parnasree, Kolkata-60. _________ Complainant
____Versus____
- Mr. Ravi Sircar,
Proprietor of ‘Sunny Sands Holidays’,
37/1D, Hazra Road,
(Hazra & Richi Road Crossing)
Kolkata-26, P.S. Bhawanipur. _________ Opposite Party
Present : Sri Sankar Nath Das, Hon’ble President
Smt. Samiksha Bhattacharya, Member
Order No. 16 Dated 13/03/2015
The case of the complainant in short is that on 20.1.12 complainant had booked for Europe tour package for 16 days with o.p. namely Sunny Sands Holidays at a total package of Rs.1,50,000/- per person. The package was inclusive of accommodation, meals, air tickets, visa, insurance, etc. Thereafter, o.p. informed the complainant that they had failed to form a group for the Europe tour for the journey dt.27.5.12 and requested the complainant to fill up a new form vide no.036/5/12 for 10 days Europe package and o.p. charged for the package Rs.1,38,000/- per person. Accordingly complainant paid Rs.2,76,000/- as an advance for him and his wife and o.p. issued money receipts to that effect. But o.p. again rescheduled the date of journey and that was fixed on 29.6.12. Thereafter, though the considerable period has been lapsed o.p. did not conduct any Europe tour showing different false and flimsy ground. Complainant had approached the o.p. either to conduct Europe tour or refund him the entire advance amount to the tune of Rs.2,76,000/-. But o.p. did not pay any heed. Then complainant sent a lawyer’s notice but o.p. did not reply. Complainant also informed the incident to the local police station where the o.p. resides and lodged a complaint at Lake P.S. seeking appropriate relief. Finding no other alternative complainant filed the instant case praying for refund of Rs.2,76,000/- along with compensation and cost.
O.p. appeared before the Forum and filed w/v. In their w/v o.p. denied all the material allegations interalia stated that o.p. did not intentionally caused any delay and neglect. Though the journey was previously scheduled on 27.5.12 it was rescheduled thereafter for want of visa. The visa of German Consulate was collected on 6.9.12. O.p. intimated the complainant that the journey was rescheduled and the date was fixed on 16.9.12. For procuring German visa some documents were needed and it took a long time. For that reason o.p. did not conduct the tour in time. So, there is no deficiency on the part of o.p. and the case is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted fact that on 20.1.12 complainant had applied for a booking of Europe tour programme with o.p. Accordingly complainant paid Rs.2,76,000/- (Rs.1,38,000/- per person for him and his spouse). It is also admitted fact that the date of journey was fixed on 27.5.12 and the date has been rescheduled on 19.6.12. Complainant agreed to avail of the tour on rescheduled date also. But o.p. did not conduct any tour on the rescheduled date as has been fixed by them. Again o.p. rescheduled the date of journey on 16.9.12. On 7.9.12 complainant informed the o.p. that as o.p. would not send any Tour Manger to London, complainant and his wife as elderly persons decided not to avail of the tour. So, it is clear that complainant, being an octogenarian compelled to cancel the tour programme. But o.p. did not give any reasonable reply. O.p. did not approach the complainant for refund of money after deduction of any cancellation charge, if any. From the documents we have observed that o.p. kept them mum without assigning any reason. In their w/v o.p. has taken the plea that for procuring German visa of the complainant it took long time and for that reason they had rescheduled the journey date. But they have not filed any document to prove their plea. O.p. had not also filed any document that they had been booked all the tickets, hotels, etc. for Europe tour for the journey which was fixed on 27.5.12. O.p. did not produce any document which shows that they had rescheduled and ultimately cancelled the journey due to latches of the complainant which was beyond their control. So, we find unfair trade practice as well as deficiency in service on the part of o.p. and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to refund a sum of Rs.2,76,000/- (Rupees two lakhs seventy six thousand) only towards the payment for Europe tour paid by complainant and is further directed to pay to the complainant compensation of Rs.90,000/- (Rupees ninety thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten 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.
