Order-14.

Date-28/03/2016.

Complainant ISPAT Club by filing this complaint has submitted that complainant is a representative of a recognized Sports & Cultural Unit of Employees of Central Marketing Organisation of Steel Authority of India Ltd. and 80 members of the Club intended for the tour to Jabalpur-Kanha-Panchmarih in Madhya Pradesh during the period 21.12.2014 to 31.12.2014 for a tour conducted by the op and Subrata Pal is the proprietor of the op’s concern who run the tour and travel organization under the name and style Parivar Tours and Travels and complainant undertook the excursion programme once in a year for their members, ex-members along with their family members at different locations of the country through registered Tour Operators selected on L-1 quotation basis.

          Op quoted on 18.06.2014 for such tour and fixed Rs. 10,000/- per head for a minimum total head of 40 persons.  Thereafter complainant entrusted the job with op represented by Subrata Pal vide letter no. IC/Genl/3/2014-15 for conducting tour to Jabalpur-Kanha-Panchmarih in Madhya Pradesh during the period 21.12.2014 to 31.12.2014.  Thereafter complainant deposited the initial amount to the op and a total amount of Rs. 7,70,000/- was paid in different instalments in a phased manner from the complainant’s office premises at IspatBhavan, the latest being Rs. 1,00,000/- and Rs. 1,50,000/- on 18.12.2014 and 19.12.2014 respectively and Money Receipts were duly issued by the op.

          On 11.12.2014 at the interactive session held at the premises of the complainant, complainant asked for the railway tickets and it being the common practice followed by the complainant.

          But in utter dismay, on 20.12.2014, a day before the commencement of the tour, and later on 22.12.2014 two representatives of op’s office Miss. AninditaGuha and ArijitDey came to complainant’s place at around 2 P.M. and informed that due to sudden hospitalization of Subrata Pal’s father, op’s travel company were not in a position to conduct the tour and so, the programme was cancelled.

          Since all the payments had already been made at the tour locations by the complainant to the op, it was proposed by the complainant to the op representative to handover all the documents towards booking of accommodation and transport at different locations enabling the complainant to undertake the tour programme themselves.

          But in spite of all efforts of the complainant, op declined to undertake the tour and op by an SMS informed about the cancellation of the tour with commitment that the money would be refunded in full and op also verbally informed the death of Subrata Pal’s father at 4 o’clock in the morning on 21.12.2014, but no such death had occurred on/within that time period.

          On the next day, i.e. 22.12.2014 op sent one e-mail acknowledging and admitting the fact that as it was op’s fault, the tour could not be conducted and indicated that the total amount of Rs. 7,70,000/- would be refunded by the op within some time.  But op on various occasion refunded some amount of tour amount in total paid Rs. 5,50,000/- till date and balance amount of Rs. 2,50,000/- is still due and it is to be mentioned that the op had also closed his bank account without intimating the complainant wherein cheques were issued by the op in favour of the complainant.

          Op on various occasion issued letters and emails and prayed for convenient period for refund of the due tour amount, but he never kept his words.

          For the above circumstances, complainant issued demand notice to the op on 10.05.2015 for refund of due amount.  But no reply of the demand notice has been provided by the op till date and no doubt complainant as consumer of the op availed of the services of the op on payment of full consideration of Rs. 7,70,000/- for tour expenses.  But op is very much silent and for their act, complainant has suffered financially and mentally and also has been harassed by the op and in the above circumstances, complainant has prayed for redressal for refund of Rs.2,50,000/- and also compensation etc.

          On the other hand op did not receive notice of the complaint sent by this Forum.  So, ultimately legal notice was widely circulated in the daily Ajkaal Newspaper, Kolkata on 08.01.2016 Friday.  But even after publication of the same, op did not turn up to contest this suit for this complaint is heard ex parte.

Decision with reasons

          On proper consideration of the entire materials on record and also the certificate of registration of society, it is found that ISPAT Club is a registered Society under West Bengal Society Registration being Regd. No. S/12580 of 1972-73.

          It is also proved from the document that Pariwar Tours and Travelssubmitted a quotation for tour of 80 members of the complainant’s members club and it was fixed from 24.12.2014 to 02.01.2015 and for that purpose, complainant no doubt paid Rs. 7,70,000/-.  Thereafter the quotation was accepted for conducting annual excursion for Jabalpur-Kanha-Panchmarih during the period 24.12.2014 to 02.01.2015 at a rate of Rs.10,000/- per adult and other rates quoted in the quotation of the op and accordingly complainant paid initial amount of Rs.30,000/- and thereafter Rs.70,000/-, thereafter Rs.20,000/-, next Rs.1,00,000/-, thereafter another Rs.1,00,000/-, next Rs.50,000/-, thereafter Rs.1,00,000/- and another Rs.1,00,000/- and after that Rs.1,50,000/- lastly on 31.12.2014.  But on 22.12.2014 op informed that they are sorry for the situation due to unavoidable situation, they finally cancelled the tour and fault is there.  But they have stated that they arranged everything, but they were unable to conduct the tour for which they admitted and assured that they will refund the entire amount of Rs. 7,70,000/- within 15.02.2015 and that letter was sent by Subrata Pal on behalf of the op to the complainant.

          From the receipt of the Pariwar Tours and Travels, it is found that on behalf of the Subrata Pal, one AninditaGuha acknowledged the receipt of the entire amount of Rs. 7,70,000/- and they assured by that letter that same shall be refunded on behalf of Subrata Pal andAninditaGuha in writing sent a letter that same shall be refunded immediately but that has not been done.

          Ultimately on 06.01.2015 op issued some cheques out of which Rs.5,50,000/- was encashed, but balance cheque was not encahsed as entire account of the op had been closed and in fact Cheque No. 002584 dated 10.01.2015 for Rs. 2,00,000/- was dishonoured and it was found that bank account of Subrata Pal with IDBI Bank at ShekespearSarani had been closed by the op.

          Peculiar factor is that op sent their letters of commitment and for refund/accepting their fault that they failed to conduct the tour and admitted that they received Rs. 7,70,000/-.  But ultimately they refunded a sum of Rs.5,50,000/- and balance Rs.2,15,000/- had not been encashed as the entire account of the op is closed which is evident from the report of the bank of op.

          So, considering the conduct of the op, we are convinced to hold that op is a fake tour agency who are cheating the people at large and in such a way they are grabbing money and thereafter they are closing their establishment and bank account and it is their common practice in West Bengal in respect of the company who are running tours and travels business and in this regard Roofers Travels, Bengal Travels, Chholojai, Ghosh Travels are pioneer in the field against whom several cases have been filed.  But as because they are very much associated with powerful administration, one after another they are starting business from a place and same is being closed.  But none is here and there to control them and in the present case their activities is well proved that they are conducting a business only to cheat the people at large and no doubt in the present case, complainant has suffered much but with the money of the consumers, ops are running their other business in disguise such as reality business, broker’s business etc.

          No doubt after careful consideration of the material on record and unchallenged testimony of the complainant, it is proved that complainant had been harassed by the op, though they hired the services on payment of Rs. 7,70,000/-.  Truth is that Rs. 5,50,000/- has been refunded, but balance of Rs, 2,15,000/- has not yet been refunded since 2014.  It is no doubt an unfair trade practice on the part of the op and Subrata Pal who is well known cheat in the market.

          But peculiar factor is that copy of the Evidence-in-chief was sent by Speed Post to Subrata Pal at his Kolkata Office and that was delivered on 01.03.2016.  But even after receipt of the same, op did not turn up that means op has adopted an unfair trade practice not only that in deceitful manner they are conducting their business for which it is proved that complainant has been harassed by the op and at the same time complainant is deceived by the op for which complainant is entitled to get back the entire amount including compensation for suffering from mental pain and agony and financial loss caused by the op willfully.

          In the result, this complaint succeeds in ex-parte form.

          Hence, it is

ORDERED

          That the complaint be and the same is allowed in ex-parte form with cost of Rs.5,000/- against the op.

          Op is hereby directed to refund the entire balance amount of Rs.2,15,000/- and also compensation of Rs.20,000/- to the complainant for causing mental pain and also by adopting unfair trade practice and for deceitful manner of trade in this regard.

          To check the activities of the op in the market and to control their deceitful manner and unfair practice, op is imposed penal damages of Rs.25,000/- which shall be paid to this Forum by the op.

          Op is hereby directed to clear the entire decretal dues including penal damages as per spirit of the order within one month from the date of this order, failing which for non-compliance of the Forum’s order op shall have to pay penal interest  at the rate of Rs.200/- per day till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.

          Even if it is found that op is reluctant to comply, in that case, op shall be prosecuted u/s 25 read with Section 27 of C.P. Act, 1986 for which further penalty and fine shall be imposed upon op.