1. Dr. Alaka Paul,

            FE 243, Salt Lake City, Sector-III,

            Kolkata-700106, P.S. Bidhannagar.                                                         _________ Complainant

____Versus____

1. Samit Sanyal,

            Proprietor of Avian Holidays,    

            C/o. Ganga Business Centre,

            Dakshinapan Compex, 2, Gariahat Road,

            P.S. Lake, Kolkata-68   and

            178/1, P.K. Guha Road, Kolkata-28,

            P.S. Dum Dum, Dist. 24 Parganas (North).                                                          ________ Opposite Party

Present :           Sri Sankar Nath Das, Hon’ble President

                          Dr. Subir Kumar Chaudhuri, Member.

                        Smt.  Samiksha Bhattacharya, Member

Order No.    7     Dated  14-05-2014.

          The case of the complainant in short is that Samit Sanyal, the proprietor of Avian Holidays is carrying on business of arranging tours to various parts of India and abroad and having its place of business at Dakshinapan Complex, 2, Gariahat Road, Kolkata-68, P.S. Lake. An advertisement was published in a leading daily newspaper that tour to Manas Kailash was conducted regularly by the o.p. and arrangement is very comfortable and hassle free. Complainant after reading the above advertisement met the o.p. in his office at Dakshinapan Complex. She was assured by o.p. that traveling to Manas Kailash with Avian Holidays will be a wonderful experience for her. She was further assured that some monks of ‘Adyapeeth’ had traveled to Manas Kailash with Avian Holidays and had highly praised him.

            Entire package cost to Manas Kailash Jatra including Muktinath (Nepal) from Kolkata and back to Kolkata was Rs.96,000/-. Complainant made the following payments as advance to o.p. and the balance amount was to be paid at Katmandu, Nepal.

1. Rs.18,000/- paid on 12.3.12;
2. Rs.49,000/- paid on 12.3.12;
3. Rs.25,000/- paid on 14.2.12.

            Complainant was further asked to deposit Rs.10,000/- and she deposited the same to the o.p. The date of journey was fixed on 27/29.04.12 but subsequently the date was cancelled by o.p. on the plea that arrangement at Nepal could not be made and the next date of journey will be intimated at the earliest. Complainant was informed over telephone the next date of journey to Manas Kailash on 29/30.05.12. But the date of journey was again cancelled by o.p. Thereafter, various dates were fixed in June, 2012, 20.8.12 and lastly the date was fixed on 8.9.12. But the journey was again cancelled by o.p. O.p. cancelled the above dates of journey on some false plea or the other.

            Complainant became suspicious about the activities of o.p. and asked o.p. either to give firm date or to return the money already paid to o.p. for Manas Kailash Yatra and Muktinath (Nepal). O.p. asked the complainant to collect the money from his office on 30.10.12. Accordingly on 30.10.12 the complainant went to o.p’s office to collect the money but at the office she was told by the staff of o.p. that there was some misunderstanding because o.p. was in Nepal at that time.

            O.p. did not contact the complainant, she became more suspicious over the matter and in the month Jan, 2013 she tried to contact the o.p. on his office telephone, but there was no response. Thus she tried to contact the o.p. on his personal mobile number but that was not working. Hence, the case was filed by the complainant with the prayers contained in the petition of complaint.

            O.p. did not contest the case by filing w/v and accordingly matter was heard ex parte against the o.p.

Decision with reasons:

            We have gone through the evidence of the complainant and documents in particular and 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 against the o.p. O.p. is directed to refund a sum of Rs.1,02,000/- (Rupees one lakh two thousand) only to the complainant and is further directed to pay to the complainant a sum of Rs.25,000/- (Rupees twenty five thousand) only as compensation 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.

            Supply certified copy of this order to the parties free of cost.