Judgment dt.4.1.2018
Shri S. K. Verma, President
This is a complaint made by (1) Bikash Basu, (2) Ms. Debasmita Basu, (3) Ms. Nibedita Basu, all are residing at 357, S.G.D. Road, Birati, Kolkata-700 051, (4) Dr. Prsanjit Kr. Ghosh, (5) Mrs. Radha Ghosh, (6) Dr.Snighadeb Ghosh, all are residing at 58/7, School Road, Birati, Kolkata-700 051, (7) Mr. Gautam Ghosh, (8) Mrs. Sutapa Ghosh, (9) Master Arunava Ghosh, (10) Master Anirban Ghosh all are residing at Jhautal Pump House, Annada Park, Birati, Kolkata-700 051, (11) Mr. Satyanarayan Guha, (12) Mrs. Bharati Guha, all are residing at Monmatha Lodge, Biresh Paly, Madhaygaram, 24 Parganas, North, (13) Dr. Sandip Roy, (14) Mrs. Runa Chattapadhyay Roy, all are residing at Forune City, Dottala Madhyamgram, 24 Parganas, North, (15) Dr. Brojo Kishore Saha, (16) Dr. Keya Saha, all are residing at Belilious road, Howrah, (17) Mr. Swapan Deb, (18) Mrs. Sova Deb, (19) Ms. Joyeeta Deb, Fortuna City, Dottala, Madhyamgram, 24 Parganas, North, (20) Mrs. Nita Basu, (21) Mr. Saptarshi Basu, (22) Ms. Shadhi Basu, all are residing at Professor Pally, Birati, Kolkata-700 051, (23) Mr. Sanjoy Ganguly, (24) Mrs. Chabi Ganguly, all are residing at Khalishakota Pally, Biriati, Kolkata-700 051, (25) Mr. Chanchal Guha, residing at Jorapukur, Dunlop, Kolkata, (26) Mr. Sanjoy Sen Gupta, (27) Mrs. Sumita Sen Gupta, (28) Ms. Sanjana Sen Gupta, all are residing at 46, Rabindra Path Birati, Kolkata-700 051, (29) Mr. Kallol Das Gupta, (30) Mrs. Mousumi Das Gupta, (31) Mrs. Kritika Das Gupta, (32) Mr. Tanmoy Biswas all are residing at 44, South Subarban School Road, Bhowanipur, Kolkata-700 026, (33) Mr. Samir Singha Roy, (34) Mrs. Jayanti Singha Roy, all are residing at 5, Mahajati Nagar, Birati, P.O.-Rajbari, Kolkata-700 081, (35) Mrs Krishna Dutta, residing at K.K.Dutta Road, Natun Para, Behala, Kolkata-700 061, (36) Mr. Bidyut Ghosh Ray, (37) Mrs. Bijoli Ghosh Roy, all residing at 26, A.P.C.Road, Birati, Kolkata-700 051, (38) Mr. Ratan Saha, residing at 4, Nilachal, Birati, Kolkata-700 051, (39) Mr. Parimal Mazumdar, (40) Mrs. Kakoli Majumdar, (41) Ms. Raktima Majumdar, (42) Master Ishan Majumdar, all are residing at 196/4, Nilachal, Birati, Kolkata-700 051, (43) Mr. Ashike Moitra, (44) Mrs. Babli Moitra, all are residing at Sodepur, 24 Parganas, North and (45) Mr. Krishnendu Ghosh, residing at Hyderbad, against Sri Badal Das, Prop. Of M/s, Shine Blaze International, Office at 15A, Hare Street, P.S.-Hare Street, Kolkata-700 001, OP No.1 and Sri Badal Das, Prop. Of M/s, Shine Blaze International, OP No.2, residing at 43A, Pyare Mohan Roy Road, P.S.-Chetla, Kolkata-700 027 praying for a direction to the O.P.s for refunding the claim amount of Rs.3,40,000/- and also for compensation to the tune of Rs.3,00,000/- and litigation cost of Rs.25,000/-.
Facts in brief are that Complainant No.1 is son of Late Kanailal Basu residing at 357, Sahid Ganesh Dutta Road, Adyashakti Apartment, Flat No.3C, Birati, P.S.-Nimta, Kolkata. Complainant No.1 contacted with OP No.1, proprietor Of M/s, Shine Blaze International, and OP No.2 resides under P.S.-Chetla. Complainants were assured for 7 nights and 8 days of Andaman Tour Package. OPs assured Complainants that journey from Kolkata to Airport and to Port Blair by Indigo Airlines and per person packages would be Rs.15,000/-. Accordingly, Complainant No.1 paid to the OP Rs.2,70,000/- @ Rs.6,000/- per person for 45 persons and OPs issued money receipt on different dates between February, 2016 to May, 2016. Complainant paid Rs.30,000/- by cash and Rs.1,80,000/- by different cheques. Complainant No.1 transferred the rest amount of Rs.4,00,000/- to the account of OP Bank of Baroda, Tollygunge Branch in the Account of Shine Blaze International. Thereafter, Complainant No.1 was informed that Indigo Airlines was not getting flight in the month of September, 2016 and so OP switched over to other Airlines for which the Complainants would have to pay double Airfare.
Complainant No.1 after consulting with other Complainants became ready to pay another Rs.2,000/- which will be adjusted after accepting Non-AC rooms from A.C. rooms. However, OP made different stories about Air India, Vistara Jet Airways and Complainants were informed that Spice Jet flight has been booked for 4th and 10th September, 2016 from Kolkata to Port Blair and PNR will shortly be issued. Some of the Complainants working in IT Sectors on different states including Complainant No.1’s daughter who is studying at Dehra Dun booked the Air ticket for incoming on 3rd September and for returning on 11.9.2016. Similarly, some of the Complainants studying in different medical colleges booked their tickets, but the Spice Jet booking was not confirmed by OPs and so, Complainant had no other alternative but to ask for refund for their paid money to the OP. Complainants requested to the OP but of no use. So, Complainant filed this case.
OP filed written version and denied the material allegations of the complaint. Further, OPs have stated that Complainant is not a consumer. OPs have admitted that Complainant No.1 approached to the office of OP and booked for a package tour to Andaman for 45 people for a journey and stay for 7 nights and 8 days. OP assured the Complainants that package tour will cost Rs.15,000/- per person. OP has also admitted that they took part payment of Rs.2,70,000/- initially and later on Rs.3,40,000/- and totaling to Rs.6,10,000/-. When OP No.1 went before Indigo Airlines authority, he was informed that they were not providing any flight service to Port Blair in the month of August and September, 2016 and OP No.1 was compelled to shift to other Airlines and ultimately managed to get tickets of Spice Jet Airlines which was conveyed to the Complainants. As per schedule ticket was to be availed on 4.9.2016 to 10.9.2016 an as there were no objections by the Complainant when it was conveyed to them. Thereafter, Complainant just before 3 days of journey cancelled the whole trip and as per terms and conditions of the OP’s brochure, the cancellation made before 5 days will not entitle any refund. Despite that OP No.1 refunded Rs.2,70,000/- for his goodwill. But, the Complainant made out concocted stories and wants to refund entire amount. OP No.1 had made all arrangements of the trip by booking hotels, etc. Further, OPs denied the allegations and prayed for dismissal of the complaint.
Decision with reasons
Complainant filed affidavit-in-chief to which OP filed questionnaire and Complainant filed affidavit-in-reply. Similarly, OP filed evidence to which Complainant filed questionnaire and OPs filed affidavit-in-reply.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
Complainant has prayed for refund of Rs.3,40,000/- which is lying with the OP. It is the allegation of the OP that if the package is cancelled within 5 days of the departure, no refund shall be made. Further, it is alleged that Complainant cancelled the package trip within 5 days and so Complainants are not entitled to any refund. However, as a goodwill gesture OPs refunded Rs.2,70,000/-. Despite that Complainants were not entitled to refund of any amount.
Now the question arises as to whether this allegation of the OPs have been substantiated by any documents. On perusal of the record, it appears that OPs have not filed any such document which will substantiate the allegation of the OP that the package trip was cancelled at the behest of Complainants and in the agreement between them, there was a clause that if cancellation is done, there would be no refund. Further, from record no document appears to have been filed on behalf of OPs to establish that Complainants cancelled the package trip. As such, we are of the view that Complainant is entitled to refund of Rs.3,40,000/- with compensation and litigation cost.
Hence,
ordered
CC/255/2017 is allowed on contest with cost of Rs.18,000/- and compensation of Rs.90,000/-. OPs are directed to pay each of the Complainants Rs.9,955/- within two months of this order, in default the amount shall carry interest @ 12% p.a. from the date of this order till realization.
