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.71/2013.
1) Sujit Kumar Mallik,
20/12/1 Iswar Ganguly Street, Kolkata-26. ---------- Complainant
---Versus---
1) Samit Sanyal, Avian Holidays,
Ganga Business Centre,
Dakshinapan Shopping Complex,
2, Gariahat Road (South), P.S. Gariahat, Kolkata-21. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 7 Dated 22-08-2013.
The case of the complainant in short is that complainant intended to go on a tour with his wife Smt. Sarada Mallik to Kailash Manasarover and came across advertisement published in Anandabazar Patrika which was hosted by the o.p. who arranges package tours and runs his business from office at Dhakuria Dakshinapon situated at the address mentioned in the cause title.
Complainant also checked the web side of the said o.p. and being convinced at the claims made by the o.p. decided to avail of their services of package tour to Kailash Manasarover.
Complainant on demand paid Rs.81,000/- each for two adults on 16.3.12 and 19.3.12 respectively and the o.p. issued 2 receipts and also a consolidated receipt acknowledging the payment thereof and fixed 29.5.12 to be the date of tour.
The said date of tour was postponed by the o.p. on the pretext of bad weather and 28.6.12 was fixed for tour. The tour did not commence on 28.6.12 and this time facing stiff objections the o.p. gave the complainant the option of taking their money back to which the complainant agreed. The o.p. entered an announcement dt.21.6.12 stating that he would refund the money to the tune of Rs.1,62,000/- within 45 to 60 days.
Several letters were sent by the complainant to the o.p. demanding the refund of money but the o.p. did not pay any heed to them. Finally, a legal notice dt.4.1.13 was also sent to the o.p.
Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. did not contest this case by filing w/v and matter was heard ex parte against the o.p.
Decision with reasons:
We have gone through the pleadings of the complainant, evidence and documents in particular and we find that the said date of tour was postponed by the o.p. on the pretext of bad weather and 28.6.12 was fixed for tour. The tour did not commence on 28.6.12 and this time facing stiff objections the o.p. gave the complainant the option of taking their money back to which the complainant agreed. The o.p. entered an announcement dt.21.6.12 stating that he would refund the money to the tune of Rs.1,62,000/- within 45 to 60 days.
In view of the findings above and on perusal of the entire materials on record we find that o.p. has not entered their appearance in this case and as such, evidence adduced by the complainant has remained unchallenged testimony and has not been rebutted and remained intact. Considering the above position we find that complainant has been able to substantiate to prove his case and is entitled to relief.
Hence, ordered,
That the case is allowed ex parte with cost against the o.p. O.p. is directed to pay a sum of Rs.1,62,000/- (Rupees one lakh sixty two thousand) only towards the amount paid by the complainant and is further directed to pay to the complainant compensation of Rs.40,000/- (Rupees forty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five 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.
