Order No.   9    Dated  10-02-2014.

          The case of the complainant in short is that complainant came to know from the advertisement published in Anandabazar Patrika dt.29.4.12 that a tour organizer named M/s Avian Holidays (o.p) would organize a package tour of Amarnath Darshan by helicopter on 26.6.12. To avail of that package tour complainant went to the office of o.p. and paid Rs.32,000/- vide receipt no.612 dt.16.5.12 and Rs.650/- vide receipt no.544 dt.13.6.12, but o.p. failed to organize the said package tour. Complainant tried to contact with o.p. through mobile several times but every time he was informed that the mobile was switched off. Then complainant received the information that the scheduled tour programme was changed as date of journey was scheduled on 16.7.12 instead of 26.6.12. O.p. has requested the complainant to meet their office on 18.7.12 and assured that the amount paid by complainant would be returned within 15.8.12. But complainant did not get any refund. Complainant tried to contact with o.p. by mobile and by visiting their office, but all are in vain. Finding no other alternative complainant lodged a diary under Lake P.S. Complainant also sent several correspondences to o.p. through speed post, but all are returned with remark ‘not available’. Hence, complainant filed the instant application with prayer of refund of deposited amount along with compensation and litigation cost.

            Complainant had annexed the information given by Post Master, Chinsura H.O. wherefrom it reveals that the notice sent to o.p. was delivered on 16.3.13. In spite of receiving of notice o.p. did not turn up. Hence the matter was fixed ex parte as against o.p.

Decision with reasons:

            We have gone through the petition, affidavit and annexures thereto. Complainant has filed the booking invoice showing package tour of Amarnath Darshan by helicopter for Rs.32,650/- which was paid by complainant on 16.5.12. The scheduled date of journey and date of return were 26.6.12 and 3.7.12 respectively. Complainant has also annexed the money receipts thereto. He had also annexed the tour programme, advertisement given by o.p. As o.p. did not turn up in spite of receiving of complaint we are in view that o.p. has nothing to say against the allegation made against them. As the documents are unchallenged testimony, it is clear deficiency in service on the part of o.p. as well as unfair trade practice. Therefore, we are in the view that complainant has substantiated his case and entitled to get relief. 

            Hence, ordered,

            That the case is allowed ex parte with cost against the o.p. O.p. is directed to refund a sum of Rs.32,650/- (Rupees thirty two thousand six hundred fifty) only and is further directed to pay to the complainant compensation of Rs.6000/- (Rupees six thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.