Consumer Complaint No 107 of 2016
Date of filing: 22.6.2016 Date of disposal: 15.12.2016
Complainant: Sri Manik Chandra Das, S/o. Late Rajendra Kr. Das, resident of Sri Ram Park, ABL Township, Durgapur – 06.
-V E R S U S-
Opposite Party: Some Mukherjee (Proprietor), Exotic Tours and Travels, 22, Kabiguru Sarani, SAIL Co-operative Society (near Kabiguru 2nd Stoppage), City Centre, Durgapur – 713 216.
Present: Hon’ble President: Sri Asoke Kumar Mandal.
Hon’ble Member: Smt. Silpi Majumder.
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant: Ld. Advocate, Biswanath Nag & Bubka Mukherjee.
Appeared for the Opposite Party: None.
J U D G E M E N T
This complaint is filed by the complainant u/S. 12 of the C.P. Act, 1986 alleging deficiency in service and unfair trade practice as the OP had not refund the amount deposited by him for package tour programme
The complainant is a permanent resident of Sri Ram Park, ABL Township, Durgapur and an employee of West Bengal State electricity Distribution Co. ltd. The OP- Soma Mukherjee is a proprietor of Exotic Tours & Travels situated at Kabiguru Sarani, SAIL Co-operative Society, City centre, Durgapur who conducts various types of tours in different places for the persons who are interested to go to tour in lieu of consideration. The complainant decided to go to a family package tour at Rajasthan through the OP and he paid Rs. 55,500=00 vide cheque No. 655977 of SBI, Durgapur dated 26.9.2015 for such Rajasthan family package tour through the Exotica Tours & Travels scheduled on 21.12.2015 and the OP after receipt of the said amount has issued a money receipt on 26.9.2015. From the money receipt it has been mentioned that the said sum of Rs. 55,500=00 has been received on account of Rajasthan package dated 22.12.2015 but the tour was originally scheduled on 21.12.2015. Observing this anomaly the complainant communicated with the OP over telephone but the OP did not attend the call intentionally. The complainant time and again visited the office of the OP and found the same to be closed for near about two to three months. It appears to the complainant that the conduct of the OP is highly suspicious and fraudulent one. The complainant also came to confirmation about misconduct and fraudulent activities from the surrounding people. Thereafter the complainant asked the OP to cancel the railway ticket and to refund the amount deposited. He sent a SMS also to the OP to this effect. The OP replied that she would call the complainant on 15.12.2015 and refund the money as deposited by the complainant. But the OP did not get the money back and again he was assured of the money to be refunded on 18.12.2015. But it was of no effect and the said office of the OP remained closed till 21.12.2015. The complainant being disgusted with the activities of the OP cancelled the proposed tour schedule on 21.12.2015 and lodged an FIR before the city Centre Police Station, Durgapur on 20.12.2015 against the OP for cheating and the complainant asked the OP several times to refund the amount as deposited for such tour but the OP did not make any arrangement to refund the said amount rather kept mum even the complainant sent a letter by registered post with acknowledgement on 12.4.2016 but the OP after receipt of the said letter did not bother to act in terms of the said letter. Subsequently Advocate’s notice was also sent to the OP for refund of the said amount of Rs. 55,500=00 with interest but the OP did not refund the said amount. Thereafter, the complainant compelled to file this complaint before this ld. Forum. Hence the case arose.
The complainant prays for directing the OP to refund the sum of Rs. 55,500=00 with interest @12% per annum holding deficiency in service and unfair trade practice on the part of the OP and also to pay a sum of Rs. 2, 00,000=00 as compensation to the complainant for mental pain and agony and Rs. 20,000=00 as litigation cost.
Notices were served upon the OP but the OP did not turn up to contest the case by filing written version. Hence the case was heard ex parte.
Perused the documents. (i) money receipt issued by the OP which shows that the complainant has deposited Rs. 55,500=00 vide receipt No. 637, dated 26.9.2015 vide cheque No. 655977, dated 26.9.2015 of SBI, Durgapur-16 on account of Rajasthan package dad 22. 12.2015, (ii) electronic reservation slip which shows date of journey is 21.12.2015, (iii) electronic reservation slip which shows the date of return journey is -3.01.2016, (iv) copy of FIR to the Officer-in-Charge, City Centre Investigation Centre, dated 20.12.2015, (v) E-mail copy of cancellation dated 20.12.2015 of tour to Rajasthan scheduled on 21.12.2015, (vi) letter to the OP- requesting refund for tour cancellation and (vii) Advocate’s notice for refund of deposited amount paid by the complainant regarding Rajasthan tour programme.
Decision with reasons:-
The money receipt issued by the OP shows that the Rajasthan package is scheduled on 22/12/2015 but the electronic reservation slip shows that the date of journey is 21/12/2015. These two contradect each other. It appears to the complainant that there may be a fraudulent attitude from the side of the OP which urges him to investigate the actual fact relating to the suspicious fraudulent conduct of the OP. Eventually it has been evident from the surrounding people about the fraudulent nature and that is why the complainant visited the office several times of the OP and found it closed. The complainant communicated over telephone as well as by sending e-mail and letters and Advocate’s notice from where no response has come from OP. thus the fraudulent nature, as well as, unfair trade practice of OP is very much established. Hence the complainant wins the case.
Hence, it is
O r d e r e d
that the complaint is allowed ex parte against the OP with cost directing the OP to refund the deposited amount of Rs. 55,500=00 along with interest @8% per annum from the date of receipt of said amount i.e. 26.9.2015 within 45 days from the date of passing of this award, in default, it will carry penal interest @10% per annum on the awarded amount along with interest for the default period and also to pay Rs. 5,000=00 as compensation for mental pain and agony and Rs. 1,000=00 as litigation cost within 45 days from the passing of this award, failing which, the complainant is at liberty to put the entire award in execution as per provisions of law.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Pankaj Kumar Sinha)
Member
DCDRF, Burdwan
(Silpi Majumder) (Pankaj Kumar Sinha)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
