Order-13.
Date-22/07/2015.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that being allured by the employees she expressed her desire to way out for touring and for which staff of the Simana Chhariye concern supplied the information. Initially there was no fund in her hand for outing but after retirement she had an intention to travel outside of West Bengal and at that time OPs staff asked the complainant to avail of a tour programme conducted by the OP and complainant along with her husband intended to accept their proposal when they asked her to bring one voter card along with Rs.8,000/- booking purpose and accordingly complainant went there and deposited that amount along with voter card and one Debdut Chatterjee on behalf of the Simana Chhariye issued receipt along with itinerary and they also asked the complainant to deposit Rs.26,000/- within one week prior to departure of the said tour. Accordingly, on 16-12-2014 complainant deposited balance Rs.26,000/- and receipt No.0455 was issued by Debdut Catterjee but complainant at the time specifically mentioned that if confirmed ticket was not supplied in that case she did not avail of that tour but OP assured that they shall have to get confirmed ticket and on the date of journey i.e. on 23-04-2014 at about 10.30 p.m. at platform No.22 they must have come and everything shall be supplied for journey. Accordingly, as per their direction complainant prepared themselves and went to the Howrah station and on arrival at the station complainant demanded for confirmed ticket but OP’s staff disclosed that there is group ticket when complainant asked him to show that then they found that in the said ticket age is noted 40, 34 and 36 when complainant reported that there is some discrepancy in between that ticket and the voter card, age etc and further reported that if complainant avails of the journey in that case she along with the husband shall be punished by the TTE when OP asked to go with one leader of their team and after that they asked the complainant to enter into the train and considering that situation complainant did not agree to go when OP produced a ticket dated 24-12-2014 with waiting list when complainant expressed his unwillingness because it was impossible for her and her husband to travel because they are suffering from their spinal cord fracture problem and that was also reported to the OP at the time of depositing the entire amount and at that time complainant and OPs staff went to the TTE who after consulting with the TTE heard that it would not be good for them to avail of the train with such sort of ticket. But at the time OPs staff left the place asking the complainant to enter into any coach of the train but complainant protested when one Subhojit abused her.
Thereafter, complainant asked Subhojit to refund the money but in reply Subhojit stated that law is in their pocket but fact remains even after payment of such amount complainant was not able to avail of that journey and, in fact, for their negligent, deficient manner of service complainant’s hopes were nipped in the bud and ultimately complainant lodged a complaint at Hare Street Police Station on 25-12-2014 and on 27-12-2014 when both the parties appeared and police asked the OP to refund the amount but OPs did not refund the same. Ultimately on 29-12-2014 in three separate envelop to Simana Chhariye Travels Authority issued two cheques of Rs.8,000/- and Rs.10,000/- but complainant asked Subhajit whether the entire amount shall be paid but Subhajit did not reply for which same was returned to the OPs and in the above circumstances, complainant prayed for refund of entire amount of Rs.34,000/- , compensation etc.
On the other hand, OP appeared on 26-03-2015 and received the notice but they prayed for settling the matter by filing written prayer. Thereafter, OP paid Rs.24,000/- out of Rs.34,000/- the claimed amount but after that OP did not proceed to contest the case and no step was taken when e-chief was filed by the complainant and copy was received but no reply was made so, finally the case is heard.
Decision with Reasons
Considering the entire facts and circumstances including the case of the complainant and further considering the conduct of the OP we have gathered that OP no doubt admitted the claim of the complainant and they stated before this Forum that they shall have to pay the amount with some cost but ultimately they paid Rs.24,000/- out of Rs.34,000/- and has not paid any other amount stating that balance amount had been spent for purchasing tickets etc.
Most interesting factor is that this Forum was proceeding accordingly as per request of the OP and considering their part payment there was a hope that ultimately OP shall have to pay the entire amount with some cost but fact remains OP did not file any evidence in chief but only deposited a cheque being No.66920 dated 05-05-2015 to the complainant for a sum of Rs.24,000/-. No doubt same is encashed and at the same time complainant filed e-chief, copy was received by the OP but thereafter they did not turn up to comply. Ultimately on 14-05-2015 OP was further directed to pay the amount of Rs.6,000/- by 15-06-2015 but after that they did not turn up for which the case is finally closed for argument. In fact in this case complainant is a retired lady and his husband is also a retired person and they intended to avail of one tour programme of Simana Chhariye (OP) for which she paid Rs.34,000/- that is admitted and in fact, OPs failed to give confirmed ticket to the complainant and her husband on the date of journey at station though they relied upon the commitment of the OPs and complainant along with her husband reached at Howrah Station at about 10-30 p.m. in platform no.22 but there she did not get any confirmed ticket. On the other hand, the ticket which was supplied initially same was not tallying with their age category etc., but another ticket was supplied that was found in waiting list and that was not confirmed and TTE did not permit them to enter and at that point of time complainant asked the OP to refund the amount or confirmed ticket but truth is that OP failed to give any such material confirmed ticket for which complainant was unable to avail of his journey and that is proved from the fact OP appeared and did not avail of any written statement and prayed for settlement and they prayed for refund of Rs.24,000/- by a petition dated 22-04-2015 but this Forum cannot accept it as a final settlement because complainant did not accept it but OP deposited Rs.24,000/- but thereafter did not deposit any further amount and in view of the above facts and circumstances the allegation as made by the complainant against OP is well proved and no doubt OP is bound to refund the entire amount of Rs.34,000/- and already Rs.24,000/- has been paid then OP must have to pay balance amount of Rs.10,000/- when no proper service as service provider was rendered by OP and also causing for mental pain and harassment and further for not giving proper service to the complainant OPs must have to pay a compensation of Rs.5,000/- and for getting such relief complainant was compelled to file the complaint being rejected and dejected by the OPs for which complainant is entitled to get Rs.2,000/- as litigation cost against the OP.
In fact in this case negative attitude of the OP has compelled this Forum to pass final judgment on the basis of the materials and also considering their attitude not to give proper redressal to the complainant.
In the result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed on contest with a cost of Rs.2,000/- against the OP.
Further OP shall have to pay the balance booking amount of Rs.10,000/- out of Rs.34,000/- to the complainant and further OP shall have to pay a sum of Rs.5,000/- as compensation for mental pain, sufferings and harassment to the complainant. Entire decretal amount that is Rs.17,000/- (Rs.10,000/- as balance booking amount, Rs.2,000/- as cost and Rs.5,000/- as compensation) shall be paid within one month from the date of this order failing for non-compliance of the Forum’s order OP shall have to pay penal damages at the rateRs.100/- till full satisfaction of the decree.
Even if it is found that OPs are reluctant to comply the order in that case OP shall be prosecuted u/s.25/27 of the C.P. Act for which further penalty and fine shall be imposed.
