IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/211/2017.
Date of Filing: Date of Admission: Date of Disposal:
13.12.2017 19.01.2018 15.02.19
Complainant: Ajit Kumar Saha
74/5/C, Ukilabad Road, PO & PS-Berhampore
Dist-Murshidabad
Pin-742101
-Vs-
Opposite Party: Sushovan Maji
Authorized Official/Representative
AANAN HOLIDAYS PVT. LTD
Vill-Baneswarpur
PO-Hasimnagar
PS-Falta
Dist-South24 Parganas
Kol-743513
Agent/Advocate for the Complainant : In Person
Agent/Advocate for the Opposite Party : Sri. Sanjay Karmakar.
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Asish Kumar Senapati, Presiding Member.
This is a complaint under section 12 of the CP Act, 1986.
One Ajit Kumar Saha (here in after referred to as the Complainant) filed the case against Sri. Sushovan Maji (here in after referred to as the OP) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:
On receiving the Whatsapp message from the OP, the Complainant remitted
Rs.2,35,450/- through the SBI ADB, Berhampore Branch to the account Number of the OP being No. 914020048819185 on 29.03.17 for purchase on three up and down Air Tickets from N.S.C. Bose International Airport to Toronto Pearson Airport, Canada in the name of the Complainant, his wife Samapika Saha and his in-law Smt. Jharna Rani Dey. The date of journey was 21.07.17 and return journey date was 21.09.17 and date of return journey of his in-law was 13.12.17 from Canada on 21.07.17 the Complainant came to know that the Air Tickets received by him through E-mail were not valid tickets for journey. The Complainant contacted the OP with a request to sent valid tickets immediately so that he could meet his daughter, residing in Canada and she was expecting delivery in the month of August, 2017. The OP then sent three up and down fresh Air Tickets through E-mail for onward journey to Canada from N.S.C. Bose International Airport, Kolkata but it revealed on enquiry that the said tickets were also not valid then the Complainant contacted the OP and asked him to refund the entire amount. However, the OP did not refund the amount and issued two post-updated cheques dated 07.08.17 and 11.08.17 amounting Rs.1,35,450/- and Rs.1,00,000/- respectively drawn on Indusind Bank, Kolkata Stock Exchange Branch but the cheque was dishonored due to insufficient fund on 08.09.17 and 20.09.17. As the daughter of the Complainant was expecting delivery. He had no other alternative but to proceed for Canada with his wife and in-law on 23.07.17 by purchasing Air Tickets from Canada through his son-in-law. However, the OP deposited Rs.30,000/- to his savings account No.30040799318 maintained at Industrial Finance Branch, Kolkata on 08.08.17 and 09.08.17. Thereafter no deposit was made by the OP despite several reminders. Finding no other alternative the Complainant sent the notice to the OP claiming Rs.4,00,000/- as compensation on 03.011.17 with a request to pay the entire amount within seven days from the date of receipt of the notice but of no result. Hence, the Complainant has filed the case praying for compensation of Rs.4,00,000/- towards the incidental expenses.
The OP put his appearance through one Srabon Maji and filed written version on 26.07.18, inter alia, denying the allegations made out in the complaint. The OP admitted that the OP deposited Rs.30,000/- to the account of the Complainant on 08.08.17 and 09.08.17.
The OP prayed for dismissal of the case.
On the basis of the above versions following points are framed for proper adjudication of the case :
Points for decision
- Is the Complainant a consumer under the provision of the CP Act, 1986?
- Has this Forum jurisdiction to entertain the complaint?
- Is there any deficiency in service on the part of the OP, as alleged ?
- Is the Complainant entitled to get any relief, as prayed for?
Point no.1
The OP did not take part in hearing of argument.
The Ld. Advocate for the Complainant submits that the Complainant is a consumer as she hired services of the OP for consideration.
On going through the complaint, written version and other materials on record and on a careful consideration over the submission of the Complainant, we find that the Complainant is a consumer in terms of section 2 (I )(d) (ii) of the C.P.Act, 1986.
Point No.2
The Complainant submits that the cause of action arose within the territorial jurisdiction of this Forum and the claimed amount is also within pecuniary limit of the District Forum.
On a careful consideration over the materials on record, we find that the cause of action arose within the territorial jurisdiction of this Forum and this Forum has pecuniary jurisdiction to entertain the complaint. Both the points are thus disposed of.
Point Nos.3&4
The Complainant submits that he paid Rs.2,35,450/- through RTGS to the account of Aanan Holidays Pvt. Ltd. for purchase of three to and fro Air Tickets from Kolkata-Canada but the OP did not provide valid Air Tickets and ultimately the Complainant compelled to go to Canada with his family members by purchase of Air Tickets. He argues that the OP only refunded Rs. 30,000/- on 08.08.17 and 09.08.17 but did not refund the rest amount for which he issued a notice dated 03.11.17 but the OP did not pay any heed to it. It is urged that the OP issued two cheques bearing Nos. 017826 and 017828 dated 07.08.17 and 11.08.17 amounting Rs.1,35,450 and Rs.1,00,000/- respectively but both the cheques were dishonored due to insufficient fund. He prays for compensation of Rs.4,00,000/- for deficiency in service on the part of the OP.
The OP did not take part in hearing of argument. It appears from the documents filed by the Complainant that he paid Rs.2,35,450/- to the OP through RTGS for purchase of three to and fro Air tickets from Kolkata to Canada for himself, his wife and his in-law. It also appears from the documents filed by the Complainant that the OP could not provide him valid tickets and the OP paid two post-dated cheques covering the said amount of Rs.2,35,450/- to the Complainant but none of the cheques was encashed due to insufficient fund. It has been argued by the Complainant that the OP paid 30,000/- only out of Rs.2,35,450/-. The OP has not assigned any reason for non delivery of valid Air Tickets in spite of receiving the full amount from the Complainant. Moreover, the OP has not even responded to the notice dated 03.11.17 issued by the Complainant. Considering facts and circumstances, we think that the OP has deficiency in service.
We think that the Complainant is entitled to get refund of the rest amount of Rs.2,05,450/- along with interest @ 10% P.A. w.e.f. 10.08.17 and also compensation of Rs.1,00,000/- for mental harassment and agony.
We also think that the Complainant is also entitled to get litigation cost of Rs.5,000/-against the OP.
Reasons for delay
The Case was filed on 13.12.17 and admitted on 19.01.18 . This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case succeeds.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No.CC/211/2017 be and the same is hereby allowed on contest against the OP with cost of Rs.5,000/-.
The OP is directed to pay Rs.2,05,450/- along with interest @ 10% P.A. w.e.f. 10.08.17 to the Complainant by 60 days from the date of this order and also to pay compensation of Rs.1,00,000/- for mental harassment and agony to the Complainant within 60 days from the date of this order.
The OP is also directed to pay the litigation cost of Rs.5,000/- to the Complainant by 60 days from the date of this order.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
President.
Member President.
