Chandrima Chakraborty,  Member.

              Filtering out the unnecessary details in the complaint, the Complainant’s case may be summarized thus :-                                                                                                

              In epitome, the fact stated in the complaint, is that, the Complainant had booked a tour programme for three persons to visit in the state of Assam like Kamrup – Kamakhya temple on & from 18.10.2016 and accordingly the Complainant paid an advance amount of Rs. 12,000/- only, in total, (Rs. 6,000/- only on 12.07.2016, Rs. 2,000/- only on 05.08.2016 and Rs. 4,000/- only on 15.10.2016) to the Opposite Party and the Opposite Party had issued a Booking Slip in favour of the Complainant on 12.07.2016. 

              But on the due date the Complainant with all their bag and baggage ready for travelling and thereafter they were informed that  the Opposite Party had cancelled the said tour programme as per schedule without any prior information to the Complainant.

              Thereafter the Complainant repeatedly asked for refund of the paid advanced amount of Rs. 12,000/- only from the Opposite Party but the Opposite Party deliberately and willfully neglected to refund the same till to date. The Complainant also sent a legal notice on 11.12.2017 towards the Opposite Party demanding the said paid advance amount of Rs. 12,000/- only which was duly received by the Opposite Party but of no response what amounts to negligence and deficiency in rendering service by the Opposite Party towards the Complainant for which being victimized and harassed by the Opposite Party the Complainant finding no other alternative than to file the instant case seeking adequate redressal against the Opposite Party. 

             Despite service of the notice, the Opposite Party never appeared before the Forum himself and/or through their representative/Ld. Advocate to contest the case by filing Written Version and so the instant case has been heard ex-parte against the Opposite Party.

                                               Point for Consideration

              The point for determination in the instant case is whether the complainant is entitled to get the relief as prayed for, in the facts and circumstances of the case and in view of the material evidences on record.

                                 Decision with Reasons                                                                                                                                                                                                                                                                                                                                                    

   In order to prove his allegation set forth in the complaint, the Complainant deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case.                                                                              

              The main allegation of the complainant are that, in spite of payment of advanced amount, whether the Opposite Party neglected or deficient for suddenly cancelling the scheduled tour programme and also for non – payment of advanced paid money as alleged by the Complainant or not.

              On overall evaluation of the argument by the Ld. Advocate of the Complainant and perusing the material documents in record, it is evident that, the Complainant had booked a tour programme three persons to visit in the state of Assam including Kamrup – Kamakhya temple on & from 18.10.2016 and accordingly the Complainant paid an advance amount of Rs. 12,000/- only, in total, (Rs. 6,000/- only on 12.07.2016, Rs. 2,000/- only on 05.08.2016 and Rs. 4,000/- only on 15.10.2016) to the Opposite Party and the Opposite Party had issued a Booking Slip in favour of the Complainant on 12.07.2016 which is manifestly revealed from the photocopies of the documents filed by the Complainant.                                                                           

               It is evident from the record that on the due date of the scheduled journey the Complainant with all their bag and baggege ready for travelling and thereafter they were informed that  the Opposite Party had cancelled the said tour programme as per schedule without any prior information to the Complainant.

   Thereafter it is stated by the Complainant that after cancellation of the said prefixed tour programme, the Complainant repeatedly asked for refund of the paid advanced amount of Rs. 12,000/- only from the Opposite Party but the Opposite Party deliberately and willfully neglected to refund the same till to date.

   It is further manifestly evident from the photocopy of the document submitted by the Complainant that the Complainant also sent a legal notice on 11.12.2017 towards the Opposite Party demanding the said paid advance amount of Rs. 12,000/- only which was duly received by the Opposite Party but the Opposite Party did not take any step to refund the said amount towards the Complainant.

              So, it is crystal clear from the discussions made above that the Complainant is successful to prove that, the total itinerary was failed and/or cancelled due to non compliance and for not making any proper arrangement for such itinerary by the Opposite Party Tourism. There is no doubt that every person arrange for an itinerary to travel for his mental pleasure, but in this case the Complainant with his family members suffered a lot for the deficient and negligent act on part of the Opposite Party in rendering service towards the Complainant, by cancelling the said Assam including Kamrup – Kamakhya temple  Tour programme.

              Moreover, all the allegations made by the Complainant were never challenged by the Opposite Party, even the Opposite Party never appeared to contest the case. Therefore, there are no reasons to disbelieve the unchallenged testimony of the Complainant.

              Thus it is unanimously decided by the Forum that the Complainant is entitled to get the refund of the said paid advanced amount of Rs. 12,000/- only along with adequate compensation for harassment of the Complainant and metal agony suffer by him with his family members.

              Therefore, the Complainant has successfully proved the case and is entitled to get relief as prayed for, and consequently, the points for consideration are decided in affirmative.

              In short, the Complainant deserves success.

              In the result, we proceed to pass

                                                       O R D E R

              That the case be and same is allowed on contest against the Opposite Party with cost of Rs. 2,000/- only payable in favour of the Complainant within one month from the date of this  ‘Order’.

              That the Opposite Party is directed to pay an amount of  Rs. 12,000/- only to the Complainant, within one month from the date of this  ‘Order’.

              That the Opposite Party is further directed to pay a sum of  Rs. 4,000/- only, as compensation to the Complainant for harassment and mental agony, within one month from the date of this order.

              In the event of non compliance of any portion of the order by the Opposite Party within a period of one month from the date of this order, the Opposite Party shall have to pay a sum of Rs. 100/- per day, as punitive damages, from the date of this order till full satisfaction of the decree, which amount shall be deposited by the Opposite Party in the ‘Consumer Legal Aid Account’.

              Let copies of the ‘Order’ be supplied to the parties free of cost when applied for.