CC filed on 23.8.2017
Judgment : Dt.20.2.2018
Mrs. Balaka Chatterjee, Member
This petition of complaint is filed under section 12 of C.P.Act, 1986 by Sri Ajit Kumar Saha alleging deficiency in service on the part of the opposite party namely Sunita Tours and Travels.
Case of the Complainant in brief is that he had entered into an agreement with Mrs. Sunita Roy of the opposite party company to visit Port Blair, Andaman including other places like islands namely Havelock and Neil from 20.11.2013 to 27.11.2013 i.e. for 7 nights and 8 days for 2 heads at an agreed amount of Rs.22,000/- which included lodging, food (breakfast, lunch, evening tea-snacks and dinner) and transport cost for travel at Port Blair, Havelock and Neil Island including local site seeing. The Complainant has stated that he had paid entire amount of consideration by two cheques to the opposite party on 15.8.2013 and 20.11.2013.
It is the specific allegation made by the Complainant that the OP did not arrange for such facilities including boarding and lodging which she promised to provide and as such the OP is to refund an amount of Rs.10,000/- since the Complainant was compelled to spent that amount for boarding and lodgings. Accordingly, the Complainant has prayed for direction upon the OP to refund Rs.10,000/- for non-payment of Hotel bills and other dues along with interest @ 10% per month till the final payment or disposal of the matter, to pay Rs.80,000/- towards compensation and to pay Rs.5,000/- towards cost of litigation.
Notice was served upon the OP but the OP did not take any step. Hence, vide order No.17 dt.17.1.2018 the case was proceeded ex-parte against the OP.
On prayer made by the Complainant the petition of complaint be treated as affidavit-in-chief.
In course of argument, the Complainant in person narrated the facts as stated in the petition of complaint.
The Complainant has filed photocopies of money receipts dt.15.8.2013 and 26.11.2013 issued by the OP, letters dt.26.5.2015, 23.12.2013 issued from the end of the Complainant to the OP, copy of complaint to the Assistant Director CA & FBP receipts of room rent dt.23.11.2013, cash memo of catering service dt.24.11.2013, 26.11.2013, etc.
Decision with reasons
Evidently the Complainant availed the tour and travel service which took place from 20.11.2013 to 27.11.2013, provided by the OP against payment of consideration. The specific allegation as made by the Complainant regarding deviation from the promised facilities as made by the OP. The cause of action arose in respect of the said tour. It is further evident that the instant case has been filed after lapse of a spell of 3 years 8 months and no petition for condonation of delay has been filed along with the petition of complaint. Section 24A of the C.P.Act runs as :-
“(l) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
(2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (l), if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period”.
The instant petition of complaint has been filed beyond the statutory period and, therefore, the same is not entertainable in its present form.
In the result, the complaint does not succeed.
Hence,
Ordered
that CC/495/2017 is dismissed ex-parte being time barred.
