FINAL ORDER/JUDGEMENT

SHRI REYAZUDDIN KHAN,MEMBER

This is an application U/S..35 of the C.P. Act, 2019.

The case of the complainant, in a nut shell  that the complainants visited the office of the Opposite parties with a view to perform Umrah in Saudia Arabia.The OPs offered the package of service including complete visit ,stay,food,conveyance,Visa and other necessary permissions at Rs,55,000 (Rupees Fifty Five thousand)only per person.Further,the OPs informed  the complainants that another package of Rs,65,000/ per person if paid they would get better facilities like separate and nearby accommodation,hassel free travelling etc. The complainants being convinced and paid an amount of Rs,1,46,000/( Rupees One Lakh Forty six thousand)Only for two persons with an extra amount of Rs,16,000/ as demanded by the OPs.on diverse dates.The complainants stated that the Voyage for Umrah commenced on and from 22.10.2019 till 06.11.2019 and when they returned to Kolkata they alleged the OPs of  their said  commitment of the tour  package like separate and nearby accommodation and other

 privileges and services.The complainants further came to know that the OPs charged Rs,55,000/ per person from other pilgrims who availed the same services..From such act and deed of the OPs,the complainants feeling depressed and suffering from mental pain.The complainants visited the office of the OPs several times and asked for the refund of the excess amount of Rs,36,000 (Rupees Thirty six Thousand) only.Though initially they agreed to refund the excess amount but later  they denied which depicts the improper service and unfair trade practice from the part of the OPs.The complinants send a letter on 02.12.2019 but the OPs did not response the same.Finding no other alternative the complainants filed the case before the commission and prayed for refund of the excess amount of Rs,36,000/ taken from them on false and frivolous commitments with compensation of Rs,50,000/ for causing ,mental agony and litigation cost of Rs,25,000/-.          

      OPs contested the case by filing the WV.It is contented in WV that the complaint petition is not maintainable and that totally false and fabricated and there is no any kind of unfair trade practice on the part of the OPs. The OPs stated that the complaint filed against the OPs is only with the intention to harass as no cause of action has ever arisen and hence the complaint is  liable to be dismissed.

OPs stated that the complainants visited the office of the OPs and satisfied with the total package of the Umrah &Haj Tour they choose the package of Rs,75,000/ per person out of various packages.Later,the complainants requested for consideration of total package and fixed  @ Rs,73,000/person .OPs categorically denied that they made any commitment for availing the service of Rs,65,000/ per person for separate accommodation and hassle free traveling.It is also denied that the Ops compelled the complainants to pay an addional amount of Rs,16,000/ by taking the advantage of the scarcity of proper time of the complainants.The OPs further stated that the complainants alleged that other pilgrims availed the same privileges and other facilities at the package tour of Rs,55,000/ per person and in this regard the complainants have paid Rs,36,00/ excess money to the OPs but actually it is not true,the complainants have opted the package with their choice.It is the responsibility and complete liability  of the tour organizer to arrange and follow the general rules and norms of the said country and at the same time to ensure the safety and security of the pilgrims with the help of local administration.The OPs further stated that the claim of compensation is fictitious,illusory and not tenable in law.The OPs provided proper service towards the complainants according to the package of tour for the period of 22.10.2019 to 06.11.2019.The complainants are not entitled to get any monetary compensation or other relief as prayed for and as such the instant case is liable to be dismissed in limini.   

Points for Determination

In the light of the above pleadings, the following points necessarily have come up for determination.

1) Whether the OPs are deficient in rendering proper service to the complainant?
            2)   Whether the OPs have indulged in unfair trade practice?

3)   Whether the complainant is entitled to get relief or reliefs as prayed for?

Decision with Reasons

Point Nos. 1 to 3:- Upon perusal of the consumer complaint coupled with evidence of the complainants including photocopies of the money receipts we find that the complainants have paid Rs,1,46,000 to the OPs for Umrah package to Saudi Arabia for two persons.Here it is alleged by the complainants that the OPs have taken 36,000/ excess amount as compared to the charges levied on other pilgrims at the same facilities. After

 returned from the subject tour( Umrah),the complainants alleged the they were not provided the facilities as promised in the tour package.

 It is not disputed that the complainants  have paid total amount of  Rs,1,46,000/ (vide receipt no,904 dated 31.07.2019 amount 30,000/,receipt no.950 dated 30.09.2019 amount Rs,50,000/ and receipt no 986 dated 21.10.2019. But an excess  amount of Rs,16,000/ paid to the OPs on oral request there no such receipt attached to this complaint petition.

So far the religious sentiments are concern,the complainants have performed the Umrah without any hurdle and in complete peace of mind which is the dream of each and every Muslims.If it is assumed that what the complainants alleged against the OPs regarding the deficiency in service and excess amount of charges is correct but there is no such documental evidences  provided by the complainants in this regard to establish their case.

As there is no supporting documentary evidence like written Agreement or Brochure in connection with said package tour and hence, we cannot decide the matter that there is deficiency in service and unfair trade practice on the part of the OPs and only by oral commitment/promised, the matter cannot be adjudicated.

So, the complain fails

                                                              Hence

It is ordered that the consumer complaint be and the same is dismissed against the OPs for want of documentary evidence.

No order as to costs

Copy of the judgment be delivered to the parties free of cost as per the C.P. Act and Judgment be uploaded in the website of the Commission for perusal of the parties