AUTHOR- RABIDEB MUKHOPADHYAY, MEMBER.

The complainants stated that they having a desire to make a pilgrimage visit to Amarnath approached the O.P on 07/04/2017 to discuss the details about when the tour was going to take place.

         That the complainants were told that the O.Ps were organizing a tour to Amarnath in the month of July 2017 from 2^nd July 2017 to 13^th July, 2017 which included the journey from Kolkata to Amarnath and again back to Kolkata which would cost them Rs.23, 700/- (full trip) plus Rs.11, 000/- (Helicopter fare) totaling to Rs.34, 700/- (thirty four thousand and seven hundred rupees only) which the complainants had duly paid by 21/06/2017 which was much prior to the scheduled date of journey.

        That as per the scheduled dates the complainants were getting prepared with their packing for the tour, when suddenly on 30/06/2017 the O.Ps informed the complainants- as there were some disruptions at that area, they informed the touring parties about such disruptions.

           That the complainants on the very spot informed the O.P to refund the amount of Rs.34, 700/- which was duly paid to them for the tour, as the same is being cancelled by the O.P themselves.

           That thereafter many a time the complainants being senior citizens went to the office of the O.P and requested them to refund their money so paid for the cancelled tour.

          That as per the rules and regulations for cancellation of the tour the O.P itself laid down point no. 9 and as well as in the general Rules and Regulations point No. 8 itself speaks about the cancellations and refund of the money.

          That even thereafter the O.P never returned the amount of the complainants till date, so they approached before the consumer affairs department whereby the O.P appeared and submitted they would refund only Rs.10, 000/- which was completely denied by the complainants as because they had paid the whole amount and moreover the tour was not conducted rather cancelled by the O.P. themselves whereby the complainants are no how responsible.

         It is made clear that the opposite party has taken a dilatory tactics to harass the consumers in general and grab money and further to enjoy interest on the huge amount.  The action of the opposite party is wholly arbitrary without jurisdiction.

       That the complainant is a Consumer and the opposite parties are the service providers and this office of the opposite parties are the service provider and the office of the opposite parties is situated well within the jurisdiction of this learned forum and the pecuniary jurisdiction of the instant case is within Rs.20, 00, 000/- Twenty lacs and no case is pending in any other Court of law in regard to the selfsame cause of action and the subject matter of the instant case and as such the Ld. Forum is having appropriate jurisdiction and may redress the grievance of the complainants.

        That due to the opposite parties the complainants have been suffering both physical and mental harassment and also suffered monetary loss and as such the opposite parties are liable to pay compensation, cost etc. to the complainant which the complainant is legally entitled to along with the other reliefs.

        The complainants prayed for direction upon OP to pass an order by directing the opposite party to refund the amount of Rs.34,700/- (thirty four thousand seven hundred only) to the complainants along with  at the rate of  18% interest,  to pay the compensation amount of Rs.50,000/- to the complainants for causing physical and mental harassment and to pay the cost of litigation of Rs.10, 000/- to complainants.

Written Version

        The OP did not attend the proceedings and no WV has been filed by the OP.

                                                     Points for Discussion

1. Whether the complainants are consumers under the OP,
2. Whether the OP is deficient in rendering service to the complainants,
3. Whether the complainants deserve relief.

                                                    Decision with Reasons

1. We have perused the bill no.053 dated 07.04.2017 of S Tour’s & Travel, bank statement, train tickets and other documents relating to the proposed/cancelled tour including minutes of tripartite meeting etc. filed by the complainants.
2. It appears from the complainants’ bill  that they paid full payments of Rs.34, 700/- including Rs.11, 000/- for the proposed journey scheduled from 2^nd July 2017 to 13 July 2017.  The endorsements made in the bill no.053 show that the payments had been made by the complainants and received by the OP on 21.06.2017.
3. The OP suddenly informed the complainants that the journey was cancelled due to some disruptions in that area.  The complainants demanded return of the amounts of Rs.34, 700/- for cancellation of the tour of the OP.  It needs to be mentioned that no documents of OP regarding disruption in the targeted area could be filed by the complainants, as evidently, the complainants did not get any such documents from the OP.
4. The complainants claimed the paid amount of 34, 700/- with 18% interest, 50000/- as compensation and 10000/- as litigation cost, following the deficiency of OP in keeping promises to the complainants.
5. It appears from the rules and regulations clause 9 of OP that for cancellation of tour due to circumstances beyond control, only deposited amount would be refunded but without compensation.  It is a matter of fact that the cancellation has not been made by the complainants but, by the OP for whatever reason there may be and no documents to substantiate disruption in the target area have been presented to us.
6. The complainants resorted for help to the Consumer Affairs Department for mediation of the grievance of the complainants.  The OP is reported to have attended the said mediation process and agreed to pay back Rs.10000/- only as settlement but the complainants disagreed to receiving such payment.
7. Most importantly, it is to be noted that the OP failed to reply to the allegations raised by the complainants in the complaint petition.  The evidence on affidavit filed by the complainants also remained unchallenged.  In the settled principle of law, in this situation the OP is deemed to have admitted such allegations of the complainants. 
8. The complainants as soon as paid full consideration money to the OP, they became the consumers under the OP in terms of Section 2(1) (d) (ii) of the C.P Act, 1986.  The OPs in spite of receiving full amount from the complainants failed to render service to the complainants, thereby leading them to awkward situation in the family, and in front of their acquaintances.  So, OP is clearly deficient.  Therefore, the complainants deserve relief.

In the circumstances it is crystal clear that the OP is deficient and put the complainants into distressful situation.So, we are constrained to pass

                                                               ORDER

                That the complaint be and the same is allowed exparte against the OP, S. Tour’s and Travel, represented by the proprietor, Sipra Chatterjee, in terms of section 13 (2) (b) (ii) of the Consumer Protection Act, 1986 as amended,

               That the OP S. Tour’s and Travel represented by the proprietor, Sipra Chatterjee is directed to return Rs.34, 700/- paid by the complainants with 8 percent interest from 21.06.2017 till date of actual payment, for loss of money, Rs.5000/- u/s 14 (1) (d) of the Act for physical harassment and mental agony with humility in their neighborhood, and Rs.5000/- as litigation cost, to the complainants within 30 days from the date of this order,

              That on failure of the OP in carrying out the orders within the stipulated time, the complainants shall be at liberty to put the orders into execution in terms of Section 27 of the Act ibid.

             Let copy of the order be supplied to the parties when applied for.