This is an application u/s.12 of the C.P. Act, 1986. Complainants by filing this complaint have submitted that they jointly decided for a pleasant tour at Andaman & Nicober Island and for that purpose complainants contacted with OPs who claimed themselves having an sufficient experience of conducted tours in the past years for such trip at Andaman & Nicober Island and accordingly the complainants finally settled with the ops who will conduct for the arrangement of trip at Andaman & Nicober Island by ship from Kolkata to Andaman and to return by air from Andaman to Kolkata and the total period of trip has been fixed for seven days and the commencement of the trip was scheduled on and from 18-11-2013 to 27-11-2013 by which the OPs received the amount of Rs.1,28,000/- in total from the complainants. The OPs also issued the schedule of trip at Andaman & Nicober Island along with the booklets published by the OPs and handed over to the complainants wherein specifically mentioned that the cost of conducting the tour at Andaman & Nicober Island is for the amount of Rs.7,500/- excluding the air-fare and ship fare and it was agreed by and between the parties that the total amount of Rs.16,000/- shall have to be paid by the complainants to the OPs for conducting the tour at Andaman & Nicober Island along with air-fare and ship fare including food, lodging and stay. The specific case of the complainant is that time to time they contacted with the OPs for commencement of the tour at Andaman & Nicober Island but ops failed and neglected to do anything till 17-11-2013 i.e. before the date of departure from Kolkata to Andaman and form that date the complainants failed to contact with the OPs in any means when the complainants came to understand that the OPs grabbed the entire money of the complainants already paid by them and duly received by the OP3. In this situation the complainants sent a letter jointly on 23-11-2013 address to the OPs asking them to refund the entire money. But unfortunately the phone number provided of the OPs were switched off and finding no other alternative the complainants went to office of the ops but that time also the office door was locked. While the complainants enquired the matter to the nearest local shops, it was learnt by the complainants that the OPs are nothing but a fraudulent organization and in the name of commencement of tour in various places in India they took the money from huge number of consumers and it was also known that the OP2 is in the police custody for making an allegation by one Soumen Das who is also a victim like the present complainants. Lastly the complainants separately and also jointly lodged a complaint before the Burtolla Police Station for taking necessary action against the ops for realization of deposited amount of Rs.1,28,000/- realized by the ops. Hence, this case. Fact remains that summons were sent by registered post with A/D by speed post upon the OPs and same were duly served upon the OPs who appeared but did not file w/v and contest the case and, as such, the present complaint is heard ex parte. Decision with Reasons In fact, in this case relying upon the fact as disclosed in the compliant and unchallenged testimony of the complainants and documents and also considering the argument as advanced by the Ld. Lawyer of the complainants and also relying upon the receipts/document of Rs.1,28,000/- it is evident that the complainants paid the above sum for the journey/tour as an advance payment for conducting the tour by the OPs from 18-11-2013 to 27-11-2013 for the trip of Andaman and Nocobar Islands. Fact remains though the complainants made all necessary arrangements for the proposed tour but unfortunately the tour was not arranged by the OP at all as per schedule date of tour programme. Though the complainants constantly were in touch with the OP regarding the commencement of the tour at Andaman Nicobar Island but the OP failed and neglected to do anything till 17-11-2013 i.e. before the date of departure from Kolkata to Andaman and from that date the complainants failed to contact with the OP by which the complainants came to understand that the OP grabbed the entire money of these complainants and as such they jointly sent a letter of the OP through speed post on 29-11-2013 asking them to refund the money within 7 days but the OP did not refund the money to the complainants. After several persuasions to the OPs they did not pay any heed and then the complainants made written complaint before the Burtolla Police Station for taking necessary action against the OP and for realization of the deposited amount of Rs.1,28,000/- from them. Fact remains in spite of repeated representation made by the complainants, the OP did not refund the money, as such, the complainants were not only harassed but also sustained monetary loss when complainants proved that the complainants paid Rs.1,28,000/- which is undisputed. On careful consideration of the materials and the evidence as led by the complainants which remains unchallenged there is no reason to disbelieve the unchallenged testimony supported by the documentary evidence of the complainants. Thus we are of the view that the complainants have definitely been harassed due to irresponsible act of OPs/Safari Point who failed to arrange the tour programme and due to such act of failure on the part of the OPs, the whole expectation of the complainant was shattered what caused deficiency on OPs’ part and at the same time it is also unfair trade practice on the part of the OPs what is proved and so, the OPs are liable to refund entire advance paid amount by the complainants and also to pay other relief as claimed. In the result, the case succeeds. Hence, Ordered That the case be and the same is allowed ex parte against the OPs with litigation cost of Rs.2,000/- (Rupees Two thousand only). The OPs are directed to pay/refund Rs.1,28,000/- (Rupees One lakh Twenty eight thousand only) to the complainants along with interest @10% p.a.(at the rate of ten per cent per annum) with effect from 23-10-2013 and also litigation cost till its realization. The OPs are also imposed punitive damages of Rs.50,000/-(Rupees Fifty thousand only) for adopting such unfair trade practice and same shall be deposited to this Forum. OPs are directed to comply this order within one month from the date of this judgment failing which per day penal interest of Rs.200/- shall be assessed till full satisfaction of the decree and if the said amounts of punitive and penal damages are collected, the amount shall be deposited to this Forum on proper receipt. Even if the OPs neglect to comply, penal action/proceeding shall be initiated u/s.27 of the C.P. Act, 1986.
| | [HON'ABLE MR. Ashok Kumar Chanda] MEMBER[HON'ABLE MR. Bipin Muhopadhyay] PRESIDENT[HON'ABLE MRS. Sangita Paul] MEMBER | | 
