For the Complainant                       -  Mr. Debasis Bhandari, Advocate

FINAL ORDER/JUDGEMENT

SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

This is an application U/s.12 of the C.P. Act, 1986.

The case of the complainant, in short; is that the OPs run a travel company namely, ‘Green Orange’ and organize package tours. The complainant had been to the office of the OPs with a request to conduct tour at Andaman & Nicobar Island and the tour programme was 08 nights and 09 days including fooding, lodging and sightseeing. The cost of tour was Rs.21,500/- per person and such cost included charge included AC Hotel with American Plan Meal System breakfast, lunch and dinner except flight fare. Believing the assurance of the OPs, the complainant paid Rs.30,000/- and 56,000/- to the OPs through A/c payee cheques bearing Nos. 243143 and 243148 dated 13.08.2018 and 05.01.2019 respectively against proper receipts. Complainant purchased Air tickets and they arrived at Port Blair Airport on 14.01.2019 at 7.50 AM and they were taken in a hotel which was not second star category. The rooms of the hotel were untidy. The tour operator refused to provide service to the complainant and her accompanies  on the ground that the OPs did not make any payment to him regarding the tour programme. The complainant and her accompanies were not provided food at Diglipore, Havlock, and Port Blair for which they were compelled to incur all costs of fooding, lodging and Cruises fare. The OPs harassed the complainant and her accompanies for which they faced horrible messy experience. On arriving at Seoraphully, the complainant wrote a letter dated 25.02.2019 to the OP-1 stating the entire fact of harassment during tour and demanded a sum of Rs.1,68,067/- towards the expenses incurred by her. Such notice was unattended. The OPs have adopted unfair trade practice and the acts of the OPs are illegal which tantamount to gross deficiency in service. Hence, the consumer complaint.

OPs despite service of notices of the complaint have failed to file written version within the limitation provided U/s 13 (2) of the CP, Act, 1986. No request for condonation of delay or extension of time for filing W/V was made. Therefore, right of the OPs to file W/V was closed on 10.12.2019.  

Decision with Reasons

            Complainant Ruchira Banerjee has filed her evidence by way of affidavit supporting the allegation made in the complaint. Ld. Advocate for the complainant has taken us through the consumer complaint as also the evidence adduced in support of the complaint.  On perusal of tour programme leaflet issued by OPs ‘Green Orange’ to the complainant, it is clear that the duration of tour was 08 night 09 days, cost of the tour was Rs. 86,000/- in total for 04 person. The tour package included AC Hotel Accommodation, Private AC Cab to Air Port transfer, Private AC Cab for sightseeing, Ferry transfer by Makruz / Green Ocean/ Coastal Cruise, package drinking water, meal including breakfast, lunch, dinner with evening snacks and welcome drink on arrival. It is also clear from the money receipts that complainant had paid Rs.86,000/- in total to the OPs for the said package tour and the complainant including her accompanies arrived at Port Blair Air Port on 14.01.2019 by flight and returned to N.S.C. Bose Airport, Kolkata on 22.01.2019. Photocopies of cash memos go to show that the complainant incurred Rs.36,064/- for breakfast, lunch, dinner, individual entry passes in different places, Cruise fare and hotel accommodation charges. The complainant agitated her grievance to the OP-1 vide letter dated 25.02.2019. No reply of her grievance was given by the OPs. As the OPs have opted not to file W/V despite service of notice of complaint, the above allegations are deemed to have been admitted as correct. In order to prove said allegations complainant Ruchira Banerjee has filed her affidavit reaffirming the allegations. Thus, it stands prove that despite of having received Rs.86,000/- the OPs have failed to provide AC Hotel, breakfast, lunch, dinner, entry fees of sightseeing, cruise fare  to the complainant and her accompanies. In absence of any explanation for failure to comply the tour programme, we have no hesitation in concluding that the OPs have committed deficiency in service as also have indulged in unfair trade practice.

Now the question is as to what should be the amount of compensation to be granted to the complainant? Ld. Advocate for the complainant, however, has pressed 18 percent interest on the aforesaid amount including compensation of Rs.1,00,000/-.  The claim of the complainant is Rs.1,68,067/- but the photocopies of cash memos, bill, entry tickets and room accommodation charge demolished her claim. Those documents go to show that complainant  incurred Rs. 36,064/- from her own pocket. The claim of interest  at the rate of 18 percent P.A and compensation of Rs.1,00,000/- is too much excessive. In our considered view, it would adequately meet the ends of justice, if simple interest  at the rate of 5  percent P.A. and Rs.50,000/- is granted in favour of the complainant as compensation on account of mental agony and physical harassment suffered by the complainant  and her accompanies.   

In view of the above discussion, the consumer complaint is allowed in part ex parte against the OPs with following directions:-

1)         The OPs are jointly and severally directed to pay Rs.36,064/- (Rupees thirty six thousand sixty four) only  to the complainant which was incurred for the said tour along with simple interest  at the rate of 5  percent P.A. from the date of filing of the complaint i.e. (14.06.2019) till actual payment.

2)         The OPs are jointly and severally directed to pay Rs. 50,000/- (Rupees fifty thousand) only as compensation on account of mental agony and physical harassment suffered by the complainant and her accompanies.

3)         The OPs are jointly and severally directed to pay Rs.10,000/- (Rupees ten thousand) only towards litigation expenses to the complainant.

            The above directions are complied by the OPs within a period of 45 days from the date of order, failing which the complainant shall at liberty to execute the order by filing application U/ss. 25 & 27 of the Consumer Protection Act, 1986 against the OPs.

            Order be communicated to the complainant as per rule.