Brief fact of this case is that the Complainant is a Senior Citizen & retired employee. Being very much busy in his Official duty during his service career, he could not be able to find any time to go for any Pilgrimage with his wife. Accordingly, after his retirement, he decided to go to any Holy place with his wife. While he was in search of the same, he came in contact with present O.P-1 who was virtually in-charge of the same organisation viz “HARE KRISHNA TIRTHAYATRA”. The O.P-2, who was representing the Manager of the organisation. The main aim & objectives of the said organisation was to inspire & motivate the people towards spiritualism, Religious faith, to preach & spread widely the Hinduism, “Lord Krishna” consciousness etc. through different programs including journey & pilgrimage to different spiritual, sacred, holy & religious places. Accordingly, throughout the year, they used to fix different journeys & publish different advertising leaflets, brochures etc. & used to distribute them amongst different people vis-a-vis used to tempt, allure, persuade, provoke, force & induce them for the said journey. In the self same process, the O.Ps fixed a program/journey named & styled as “DAKSHIN ‘O’ PASCIM BHARAT TRIDHAM TIRTHAYATRA” & published the advertising leaflets/brochure, the present Complainant came in contact with O.Ps & as per the suggestion of the O.P-1, he deposited a sum of Rs.5,000/- on dt.10.01.2014 & Rs.30,000/- on dt.01.02.2014 at Balasore through O.P-1 for the purpose of travelling different tourist places along with his wife scheduled to be held from 17.03.2014 to 08.04.2014 with the O.P-1 & had obtained valid money receipts bearing Nos. 152, dt.10.01.2014 & 159, dt.01.02.2014 respectively.

                                   However, due to some unavoidable, inescapable & inevitable circumstances, which was beyond the control & reach of the Complainant, he was forced under the painful & compelling circumstance to cancel the above noted journey & in accordance to the same, being a responsible person, he intimated to the O.Ps much earlier to the journey & also intimated his plight & inconveniences. He requested the O.Ps to do the needful in as much as to refund/settle his claim, in respect of his payment made to O.Ps on earlier occasion.

                                   It is worthwhile to mention here that, although the O.P-1 agreed & assured the Complainant to refund his valid, legal & legitimate claim after the completion of Uttarakhand tour from 02.09.2014 to 22.09.2014 (as per Annexure-II), he miserably failed to keep his commitment/Assurance. Hence, the Complainant filed the complaint petition in this Forum for redressal of his grievances. O.Ps entered appearance but failed to file W/V & subsequently did not contest their proceedings. Hence, they were set ex-parte.

                                   We have heard the Advocate for the Complainant & perused the documents filed by him, although on earlier occasion/originally the name of the O.P-1 was Niranjan Nayak but on subsequent occasion, he has changed his name from Niranjan Nayak to Nikunja Shyam Das. In this connection, it may be mentioned here that, in the aforesaid money receipts (in terms/token of which a sum of Rs.35,000/- has been received by the O.Ps) although the O.P-1 had signed/received the same, in the strength & capacity of Nikunja Shaym Das but on subsequent occasion, same O.P-1 has signed/written the above noted written commitments (Annexure-II) on the strength & capacity of Niranjan Nayak, which is equally illegal. But in fact, both were/are the same person. Find no other alternative, the Complainant had sent the Legal Notice on 14.07.2014 & fixed 15 days to settle his legal & legitimate claim. But both the O.Ps blatantly refused to settle the claim of the Complainant. At last the Complainant had filed the C.D Case on 11.08.2014 for his legitimate claim. To substantiate his claim, Complainant has filed the photo copies of money receipts, brochure issued by O.Ps & pleader notice. It is held to have been established that as per the advertisement of O.Ps, Complainant intended to go on pilgrimage, purchased tickets & deposited amounts towards other expenditure but failed to participate in the journey in an unavoidable circumstance.

                                   At first, O.Ps agreed to refund the amount but subsequently avoided. There is no terms & conditions in the brochure as to consequence of a traveler who fails to undertake journey after depositing the amount. Hence, O.Ps are liable for the claim.                                         

                                                                                           O  R  D  E  R                                                                                                   

                                   In view of materials on record, the O.P-1 (Niranjan Nayak @ Nikunja Shyam Das) is directed to return/pay of Rs.30,000/- to Complainant towards journey expenses for fooding & lodging etc. along with compensation of Rs.2,000/- & litigation cost of Rs.500/- within 30 days from receipt of the order. In case of delay, the awarded amount will carry 9% interest till realisation of the awarded amount. Accordingly, the C.D Case is disposed of.

                                   Pronounced in the open Court this the 29th day of June, 2015 given under my Signature & Seal of the Forum.