- Ganesh Chandra Ghosh,
Mainadanga, P.O. Chuchura (RS),
P.S. Chuchura, Dist. Hooghly, 712102. _________ Complainant
____Versus____
- Ravi Sarkar, owner of
Sunny Sand Holidays,
37/1D, Hazra Road,
P.S. Kalighat, Kolkata-29. ________ Opposite Party
Present : Sri Sankar Nath Das, Hon’ble President
Smt. Samiksha Bhattacharya, Member
Order No. 28 Dated 29-09-2014.
The case of the complainant in short is that as per advertisement of ‘Sunny Sand’ complainant contacted owner of ‘Sunny Sand’ to visit china which was scheduled to commence on 31st October night 2012. Sunny Sand failed to materialized the programme scheduled on 31st October night, as such complainant claimed his deposit money of Rs.654,000/- on 03/11/12.
The schedule date of departure for China was on 31.10.12 till 7 o’clock evening o.p. failed to inform him anything. On his enquiry a 7-15 evening he reported that the programme of departure to China on 31.10.12 is suspended. Thereafter complainant reported ‘Sunny Sand’ about his unwillingness to join the tour in any follow up date and to return his cash Rs.65,000/-.
In reference to complainant’s letter the owner of Sunny Sand through his lawyer informed the complainant that nothing is due to his client. Hence, the case was filed by the complainant with the prayers contained in the petition of complaint.
Decision with reasons:
Sole o.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
O.p. in their w/v stated that they showed every gesture of responsibility by intimating to the complainant regarding delay of journey or any motive of wrong doing on the part of o.p. for the delayed and deferred journey can be found. It is also seen from the w/v that due to unavoidable reasons the scheduled date of departure was postponed and deferred from 31.10.12 to 1.11.12, but on perusal of the entire materials on record we find that complainant was not informed delay well ahead about such postponement of journey and there has been sufficient deficiency on the part of o.p. being service provider to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case allowed on contest with cost against the o.p. O.p. is directed to refund Rs.65,000/- (Rupees sixty five thousand) only being the amount deposited by complainant with o.p. and is further directed to pay to the complainant compensation of Rs.15,000/- (Rupees fifteen thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 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.
Supply certified copy of this order to the parties free of cost.
