To dispose of this case, few relevant facts are required to be mentioned :- It is the case of the complainant that OP 2 Soutam Ghosh is carrying on Traveling Business under the name and style of Tapasi Tour & Travels (herein after OP 1). It is further case of the complainant that he availed the service of OP-1 for proposed tour at Guwahati and shilling for himself and his family members schedule to be started from 23rd May, 2018. Total price of the tour was Rs. 26,000/- and the complainant has paid booking amount of Rs. 11,000/- to the OP 1 on 07th April, 2018 for the proposed tour against money receipt. It is alleged by the complainant that on 20th May, 2018, OP 2 cancelled the trip without any cogent ground. Complainant was disappointed and asked to refund of booking amount. OP 2 refunded Rs. 7,000/- out of total booking amount. Despite legal notice dated 29.01.2019, the OP 2 did not refund the claim amount as mentioned therein. OP 2 replied the legal notice and give his willingness to refund balance amount of Rs. 4,000/-. Alleging deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the consumer complaint before the commission. OP 2 filed written version challenging the maintainability of the case. The specific case of the answering OP is that due to unavoidable circumstances the tour in question was cancelled and the existence of OP 1 is no more. Despite several request, complainant refused to accept balance booking amount of Rs. 4,000/- with a view procure more amount. At present he is doing job in a office and earns Rs. 10,000/- per month. Complainant is not entitled to get any compensation and litigation cost as prayed for. No deficiency in service and unfair trade practice has been committed by the OP 2. Complainant adopted the petition of complaint as evidence. He also relied the documents annexed with the complaint petition. OP 2 failed to file E/chief despite given opportunities. We have perused the pleadings of the parties and material available on record. Also heard the learned counsel for the complainant. The fact that the complainant had availed the service of OP 2 being the sole proprietor of OP-1 for proposed tour at Guwahati and Shillong for himself and his family members schedule to be started on 23.05.2018 and the complainant has paid booking amount of Rs. 11,000/-. There is no dispute that tour was cancelled and complainant is entitled to get refund of balance booking amount of Rs. 4,000/-. OP 2 admitted in Para – 5 of the WV that despite request the complainant did not receive Rs. 4,000/-. Further more copies of legal notices dated 29.01.2019 and its reply dated 14.02.2019 are also annexed with the complaint petition as P – 2 and P – 3. Those annexure indicate that complainant claimed balance booking amount of Rs. 4,000/- and compensation of Rs. 1,50,000/- for harassment, pain and mental agony from the OP 2 and OP 2 replied the said notice and ready to pay the balance booking amount of Rs.4,000/- except compensation to the complainant. Looking to the above, it palpably transpires that apparently complainant has paid Rs. 11,000/- to the OP 2 in connection with the said tour, OP 2 refunded Rs. 7,000/- to the complainant and he is entitled to get balance amount of Rs. 4,000/- from the OP 2. On perusal of the record, it appears that due to mismanagement and negligence of the OP 2, complainant and his family members could not enjoy the tour and had to bear hardship and bearing in mind all these things, we are of the view that Rs. 2,000/- for mental agony is sufficient for compensation towards mental agony and hardship he faced then it would meet ends of justice. Sequel to the above discussion, there is merit of the case and the consumer case is allowed in part on contest against the OPs as per following arrangement :- - OP 2 being the proprietor of OP 1 Tapasi Tour & Travels is directed to refund Rs. 4,000/- (Rupees four thousand) only to the complainant;
- OP 2 is further directed to pay Rs. 2,000/- (Rupees two thousand) only towards compensation as mental agony and hardships which the complainant faced due to deficiency in service of the OPs;
- OP 2 is further directed to pay Rs. 2,000/- (Rupees two thousand) only to the complainant towards litigation costs;
- OP 2 shall comply with this order within 60 days from the date of this order, failing which; the complainant will be at liberty to put the decree into execution.
Office is directed to forwardfree certified copy of this judgment and order to the respective parties. Judgment be downloaded to the confonet or website of this commission for perusal of the parties. The consumer case could not be decided within the stipulated period due to heavy pendency of cases and also due to Covid-19 pandemic. | 
