Order no. 5

            The case of the complainant in brief is that the complainant being fascinated with the tour programme in Thailand with Phuket, Pattaya and the capital city of Bankok in a group of 12 persons having itinerary of 6 nights and 7 days from 21/03/2019 at 12.10 P.M. and also being conceded to the terms and conditions as printed in a leaflet provided by the o.p, agreed to take part in the tour programme and paid Rs.80,000/- against receipt as advance on 22/02/2019. Thereafter the complainant paid Rs.20,000/- and Rs.50,000/- against the receipt no. 587 dated 23/10/2019 and receipt no. 704 dated 18/03/2019 respectively and submitted photocopies of passport and the photos of the complainant and her husband. Thereafter on getting permission for leaving headquarter against leave application complainant’s husband expended money for purchase of suitcase and bags convenient to adopt the new type of journey first time of its kind from Kolkata to Bangkok with Pattaya etc. and back. But one day before the date of journey i.e., on  20/03/2019 at about 4.11 P.M. complainant suddenly got an email about the postponement of the tour citing that “due to unavoidable circumstances we have postponed the tour programme which was scheduled to be held on 21/03/2019”. In the same email op offered the tour programme on subsequent date against the same payment on 14/04/2019 for acceptance. However, complainant informed to the  o.p. about their inability to accept the new proposal of tour programme to be held on and from 14/04/2019 and asked for refund of Rs.1,50,000/- deposited with the o.p. but o.p. did not pay heed to the asking of the complainant. On 25/03/2019 complainant recorded a general diary ( GD ) at Bowbazar Police Station seeking help of the police station in getting refund of money of Rs.1,50,000/-from the op. In response to the general diary o.p. undertook to pay the money on 05/04/2019 or before. However, o.p. paid Rs.49,999/- only through NEFT on 05/04/2019 instead of Rs.1,50,000/-. On 11/04/2019 complainant sought help of the Mediation Cell of the Assistant Director to mediate the issue but attempt of the mediation cell could not be materialized due to non-cooperation on the part of the o.p. Finding no other alternative complainant lodged this case praying for direction upon the o.p. to refund of Rs.1.0 Lakh with interest of 12% along with compensation of Rs.30,000/- for harassment and mental agony and litigation cost of Rs.10,000/-

            PR & TR show that notice had been served upon the o.p. But o.p. did not contest this case by filing w/v and as such, the case has been proceeded exparte against the o.p.

            In order to prove the case the complainant sworn an affidavit of evidence in support of the contention of the complaint and filed the documents in support of his claim including the photocopies of receipts of payments  issued by the o.p. Due to unchallenged testimony of the complaint there is no scope to disbelieve the submission of the complainant and therefore it should be accepted and necessary order is to be passed accordingly.

            Considering the submissions of the complainant and on perusal of the materials on record we find that complainant deposited a sum of Rs1,50,000/- after conceding to take part in the tour programme and paid Rs.80,000/- against receipt as an advance on 22/02/2019. Thereafter, the complainant paid Rs.20,000/- and Rs.50,000/- against the receipt no. 587 dated 23/10/2019 and receipt no. 704 dated 18/03/2019 respectively and submitted photocopies of passport and the photos of the complainant and her husband. But one day before the date of journey i.e., on 20/03/2019 at about 4.11 P.M. complainant suddenly got an email about the postponement of the tour. In the same email op offered the tour programme in different date against the same payment on 14/04/2019 for acceptance. But complainant declined to accept the new proposal of tour programme to be held on and from 14/04/2019 and asked for refund of Rs.1,50,000/- deposited with the o.p. On 25/03/2019 complainant recorded a general diary ( GD ) at Bowbazar Police Station seeking help of the police station in getting the money of Rs.1,50,000/ refunded -from the op. In response to the general diary of the complainant o.p. undertook to pay the money on 05/04/2019 or before. However, o.p. paid Rs.49,999/- only through NEFT on 05/04/2019 instead of Rs.1,50,000/-. On 11/04/2019 complainant sought help of the Mediation Cell of the Assistant Director, CA & FBP, Govt. of W.B. to mediate the issue. But such attempt of the mediation cell could not be materialized due to non-cooperation on the part of the o.p. Finding no other alternative complainant filed this case on 07.08.2019.  Even after receiving the notice issued from this end op did not bother to pay the remaining  amount of Rs1,00,000/- Complainant tried his best through different kinds attempts of recovery by the complainant. On the basis of the said evidences on record and since no challenge has been made by o.p. to controvert the demand of the complainant we, therefore, have no other alternative but to accept the case of the complainant. Thus the case is disposed of accordingly.

           Hence, it is ordered.

          that the case no. 242/2019 is allowed ex-parte with cost against the o.p. The o.p is  directed to pay a sum of Rs.1,00,000/-(Rupees one lakh ) only to the complainant along with compensation of Rs.10,000/- (Rupees Ten Thousand) only for harassment and mental agony and litigation cost of Rs.2,000/- (Rupees Two Thousand) within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.