1.      Smt. Manju Hati,

wife of Sri Sisir Kr. Hati,

2.      Sri Sisir Kr. Hati,

son of late Biswanath Hati,

both reisiding at 29/2/3, Narasingha Dutta Road,

P.S. Bantra, District – Howrah,

PIN – 711 101.--------------- ----------------------------------------  COMPLAINANTS.

-          Versus   -

1.         Sunny Sand Holidays,

represented by its proprietor Rabi Sircar,

having its office at 37/1D Hazra Road,

Kolkata – 700 029.

2.         Tour Manager,

            Jayanti  Chakraborty

            of 37/1D, Hazra  Road,

            Kolkata – 700 029.-------------------------------------------------OPPOSITE PARTIES.

                                                P   R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.                  The Complainants, Mr. Sisir Kr. Hati and Mrs. Manju Hati, by filing a petition

U/S 12 of the C .P. Act,1986 ( as amended up to date ) have prayed for a direction to be given upon the o.ps. to refund the extra charges of 90 dollars taken illegally for night safari in Singapore tour along with Rs. 20,000/-, being the cost of one night stay in ‘Genting Highland’ in place of two nights’ stay, to pay an amount of Rs. 50,000/- as compensation for causing mental agony and harassment along with Rs. 20,000/- as litigation costs and further order or orders as the Forum may deem fit and proper. 

2.                  Brief facts of the case is that the petitioners, petitioner no. 2  being senior

citizen,  paid a total amount of Rs. 1,15,000/- to O.P. no. 1 for undertaking a tour to Malayasia, Singapore for 8 days, scheduled to be started on 23-10-2012 and returned on 31-10-2012 vide annexure money receipts of different dates being Annexure pages 6 to 8. The entire payment was made through cheaques drawn on SBI, Kadamtala, Howrah Branch vide annexure 14, 15, 16 which were received by O.P. no. 2 on behalf of O.P. no. 1 from the residence of the complainant which is situated at Bantra, Howrah. And O.Ps. also sent one welcome letter including tour chart to the complainants vide Annexure pages 1 to 5. But at the very first instance, O.Ps. changed the scheduled date of journey from 23-10-2012 to 24-10-2012. And as the entire payment was made for the said tour, complainants had no other alternative but to avail themselves of the said tour. And they returned on 01-11-2012 in place of 31-10-2012 for which they could not attend their some very important social function. However, their first allegation is that the hotel what they were given at Kualalampur was a below standard one although  they were promised to be given one 3-star hotel.  There they could not use their toilet as water was leaking from the roof of the toilet. And O.P. no. 2 made one representation to the Manager of the said hotel vide Annexure 9 letter dated 28-10-2012. But it was not redressed and the complainants were put to severe problem. Their second allegation is that although O.Ps. promised to keep them in ‘Genting Highland’ for two nights and their tour chart was also like that i.e., arrival in ‘Grenting’ on 27-10-2012 and departure on 29-10-2012 vide Anneuxre 2, but they spent in ‘Genting’ only one night. Their further allegation is that although ‘Night Safari’ in Singapore night scene programme was included in the tour chart, provided by O.P., without any extra charge, O.P. no. 2 collected extra 45 Singapore dollars per person totaling 90 dollars from the complainant which was an illegal action on the part of O.Ps. on 29-102-2012 vide Annexure 4. After returning home, complainants wrote a letter to O.Ps. on 19-11-2012 stating therein all their dissatisfactions about the said tour with a request to refund their 90 dollars along with an amount of Rs. 50,000/- as compensation. O.P. no. 1 admitted to refund the said 90 dollars through sending a reply letter dated 15-12-2012 but refused to make any payment as compensation stating therein the grounds. As the complainants were not satisfied with their reply, they filed this instant petition praying for the above said reliefs.

3.                  Notices were served. O.ps. appeared and filed written version. Accordingly,

case heard on contest.

4.                  Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

ii)                  Whether the complainants are  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.                  Both the points are  taken up together for consideration.            We have carefully

gone through the written version filed by O.Ps. without any annexures and noted their contents. It is admitted by O.Ps. that their agent visited the house of the complainants and received all the payments through chques drawn on  SBI, Kadamtola Branch. It is also accepted by the O.Ps. that they took 90 dollars for ‘Night Safari’ in  Singapore beyond the contract amount and they also wanted to refund the same. Further vide para 9 of the written version, O.P. stated that they provided one 3-star hotel accommodation but water leaking was entirely a deficiency on the part of the concerned hotel and there was no alternative room available for the complainants so they were to face the problem. It was not their willful negligence. Here we take a pose  that a deficiency was there in the matter of hotel accommodation. O.P. no. 2 was present on the spot. It is our question, whether in Kualampur, there was only one 3-star hotel, namely, Hotal Grand Continental. It is the duty of the tour manager to look into all these kind of problems and to redress the grievance of the tour participants. O.ps. took entire consideration money from the complainants even before the commencement of the said tour. They were not having any financial crunch. Complainants, immediately, should have been given an alternative hotel accommodation. But O.Ps. never bothered to do so. And how O.P. no. 2 could dare to ask for the extra amount of 90 dollars for ‘Night Safari’ in Singapore when this fact was very well within her knowledge that Rs. 1,15,000/- included the charges for such item. Complainants were sure that they have made entire payment, they may not be having such extra dollar for payment as an extra charge. And in that even, they may not get that opportunity to enjoy ‘Night Safari’. O.Ps. should have kept in mind that their business is totally dependent on consumer satisfaction.  This kind of wreckless   attitude, certainly, would cause severe deficiency in service towards their customers in future as it happened in this case to the complainants. And we find O.Ps. are negligent in discharging their proper duties towards the complainants and there was a gross negligence on the part of the O.Ps. Accordingly the case succeeds on merit.    

            Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No.  92 of 2013 ( HDF 92  of 2013 )  be  allowed on contest with  costs  against  the O.Ps. 

      That the  O.Ps. are jointly and severally directed to refund 90 dollars at present Indian currency rate to the complainants.

      That the complainants further get an amount of Rs. 20,000/- as compensation ad Rs. 5,000/- as litigation costs.

      The o.ps. are jointly and severally  directed to pay the entire decreetal amount of an amount of Rs. 25,000/- + 90 dollars  (  at present Indian currency rate ) to the complainants  within one month from the date of this order i.d., the entire amount shall carry an interest @ 10% p.a. till actual payment.             

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME. 

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F.,Howrah.

 ( Jhumki Saha )                         ( P. K. Chatterjee )                (T.K. Bhattacharya  )

 Member,                                     Member,                                President,

 C.D.R.F.,Howrah.                     C.D.R.F.,Howrah.                 C.D.R.F.,Howrah                                      

                                          .