In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.72/2013.
1) Atul Krishna Saha,
L/A-8, Kustia Housing Estate, Kolkata-39 ---------- Complainant
---Versus---
1) Mr. Samit Sanyal,
AVIAN HOLIDAYS,
Res. Address: 178/1, P.K. Guha Road,
Kolkata-28, P.S. Dumdum.
Off Address: 2, Gariahat Road (South) Dhakuria,
Kolkata-68, P.S.Lake. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 10 Dated 28-10/2013.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant is a retired central govt. employee. O.p. is a tour conductor, Proprietor of Avian Holidays (India), 2 Gariahat Road, Kolkata-68, under Lake P.S. O.p. has been taken Rs.1,60,0000/- on 18.1.12 and Rs.33,600/- on 8.5.12 for pilgrimage tour of Manash Kailash and Muktinath in the month of May 2012, but he has failed to do that. O.p. wrote a letter on 11.9.12 that he will have topay booking amount of Rs,.1,93,000/- with 4% of interest amounting to Rs.7744/- within 30.9.12, but he has failed to do that.
Complainant informed the Officer-in-charge, Lake P.S. on 29.9.12, after that o.p. wrote an another letter on 1.10.12 that he will pay with 4% interest within 30 days. That is over. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. did not contest the case by filing w/v and matter was heard ex parte against the o.p.
Decision with reasons:
In view of the findings above and on perusal of the entire materials on record we find that o.p. had sufficient deficiency in service being service provider to his consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed ex parte with cost agisnt the o.p. O.p. is directed to refund a sum of Rs.1,93,000/- (Rupees one lakh ninety three thousand) only being the amount paid in excess charged and is further directed to pay to the complainant compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 45 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.
