Order-9.

Date-11/08/2017.

        Shri Kamal De, President.

This is an application u/s.12 of the C.P. Act, 1986.

Complainant’s case, in short, is that OP is a tour and travels Company engaged in arranging both National and International Package Tour. The Complainant had plans to go on a family vacation to Europe. He approached accordingly the OP - Tours and Travels at their registered office in the month of  June 15, 2015 for Europe tour. After having a detailed discussion with the concerned officials of OP, the Complainant was provided with an itinerary  and Europe tour details for 15 nights 16 days from 26^th March,2016 to 9^th April, 2016. The schedule dates of travel were duly given by the OP and Complainant expressed his voluntariness to enter into a contractual relations for the said Europe Tour with the OP on the aforesaid dates. The Complainant was handed over a booking form detailing the cost of package for 3 persons inclusive of Accommodation, Visa, Insurance, Air Tickets and tour plans as per iteranary  and the Complainant accordingly paid a sum of Rs.50,000/- as advance money vide cheque No.263597 drawn on Punjab National Bank, Durgapur on 25.06.2015. The package tour was for March to April, 2016, as offered by OP. The Complainant subsequently paid a total amount ofRs.5,80,000/- inclusive of Rs.50,000/- paid as advance money vide cheque Nos. 92371, 92369 and 92370 which was the total cost of the package tour. After making the necessary payament for the Europe package tour, the Complainant had duly deposited their passport i.e. of the Complainant, his wife and his daughter on 05.11.2015 and 17.12.2015 for the purpose of visa processing well in advance for the aforesaid Europe trip. The Complainant, thereafter, was in constant touch over telephone with the OP. OP assured that the Visa would be processed well before the commencement of travel date. But to the utter surprise of the Complainant it was found that the Complainant’s  daughter’s UK Visa was processed on 11.03.2016 and the Visa of the Complainant and his wife could not be processed even before the date of journey of the Complainant i.e. 26.03.2016.  Moreover,  after processing UK Visa OP was supposed to process the Schenjen Visa for the Complainant and his family for their visit to other European Countries, but the OP failed to process the Visas in time. Due to such wilful latches and negligence on the part of the OP Tour and Travel in processing Visas well before time, the said Europe Tour did not  materialize for the Complainant. The Complainant thereafter visited the Registered Office of the OP and the proprietor of the said OP Tours and Travels after brief discussion had accepted his fault and assured the Complainant that he would  refund the Complainant the entire booking amount of Rs.5,80,000/- along with Rs.14,200/- as a refund for the Air fare  which was paid by the Complainantg for his daughter’s to and fro journey from Bangalore to Kolkata for the purpose of processing the Visa. It is also stated that daughter of the Complainant  has shifted to Bangalore, oflate, for work purpose. OP did not cite any valid reason to the Complainant for the failure on his part to make necessary arrangement for the said Europe tour notwithstanding such payment of entire consideration money for the trip. The Complainant, thereafter, time and again contacted the OP over telephone and also visited his office for seeking refund of the money, but OP failed to refund the money till date. Finaly OP vide letter dated 30.06.2016 had stated that he is under obligation to refund the entire amount paid by the Complainant for the Europe package within first week of July, 2016. OP thereafter paid Rs.49,000/- on 21.07.2016, Rs. 49,000/- dated 30.08.2016 to the Complainant. The Complainant received a total sum of Rs.98,000/- out of total amount of Rs. 5,80,000/-. OP thereafter has miserably failed to pay the balance amount. It  is alleged that OP has not refunded the balance amount of Rs.4,82,000/-, The Complainant has alleged deficiency in rendering service against the OP as well as unfare trade practice. The Complainant  has prayed for refund of amount of Rs.4,82,000/- along with other reliefs in terms of prayers in the petition of complaint.

Despite sending of summon and subsequent Newspaper publication, none came up from the side of the OP Tour and Travels to contest the case and the case has proceeded ex parte against the OP.

                                                   Point for Decision

1. Whether OP has indulged in unfair trade practice?
2. Whether the OP is deficient in rendering service to the Complainant?.
3. Whether the Complainat is entitled to get the relief as prayed for?

Decision with Reasons

            We have perused the documents on record i.e. photocopy of leaflet of the proposed Europe Tour itinerary, photocopy of booking form, photocopy of terms and conditions, photocopy  of  money receipts, photocopy of bank pass book and statement, photocopy of leter for refund of Europe package and other documents on record.

            We find that the Complainant booked an Europe Packate tour for himself and two other members of his family being his daughter and wife with the OPs for 15 nights and 16 days from 26.03.2016 to 9^th April, 2016. The Complainant as we find also paid the full package amount of Rs.5,80,000/- by cheques on different dates. The Complainant paid the total sum of Rs.5,80,000/- vide Cheque nos.263597, 92371, 92369, 92370 drawn on Punjab National Bank, Durgapur. OP also issued money receipt dated 05.11.2016 against the payment to the tune of Rs.5,80,000/-. We have seen the Bank Statement of Punjab National Bank also. We also find package tour included Accommodation, Visa, Insurance, Air tickets and tour plans as per itinerary.

            We also find that the Complainant duly deposited their passport on 05.11.2015 and 17.12.2015 with the OP for the purpose of Visa processing, i.e., well in advance  for the proposed Europe tour. We also find  that the Visa processing was not done from the side of the OP for the Complainant and his family for their visit to Europe Countries. It appears that OP failed to process the Visa in time and as such no Visa could be obtained in favour of the Complainant and two other members of the family. It is however, stated by the Complainant that the Visa processing of the daughter of the Complainant for UK was processed on 11.03.2016 and the Visa of the Complainant and his wife could not at all processed within before the date of journey i.e. 26^th March,2016. So, we find sthat no Visa was sanctioned by the appropriarte Embassy as the passports were not presented to Embassy. We are also given to understand that OP did not make any endeavour to process the Visa or for the sanction of the Visa in the name of the Complainant and members of his family.

            It appears that the OP received the entire amount of the tour package and  slept over the matter and was unable to process the Visas or to obtain the Visas in the name of the Complainant and the members of his family. We find that the package tour included  Accommodation, Visas, Insurance, Air tickets and tour plans etc. etc. It is not also clear before us whether the OP arrantfged for accommodation or insurance coverage, air tickets etc at all.

            None came from the side of the OP to contest the case or to challenge or to controvert the version of the Complainant. The Evidence on Affidavit filed by the Complainant remains unchalanged and uncontroverted. Moreover, we find that the OP has given in writing that the OP would refund full amount  received from the Complainant within first week of July, 2016. But OP has refunded only an amount of Rs.98,000/-. The Evidence on Affidavit filed by the Complainant remains unchallenged and uncontroverted. In absence of any contrary or controverted materials on record and having regard top the documents thereon, we think  that OP has failed to render services to the Complainant. OP at the same time has indulged in unfair trade practice in receiving the entire amount for the proposed package tour to Europe and without doing anything or rendering any services.OP has demonstrated a gesture of deficiency of service and unfair trade practice as well.

            It appears that OP has grabbed the money from the Complainant in the name of Europe Tour and utilized the same for its own ulterior gain. The acts and activities of the OP constitute sheer deficiency of service as well as unfair trade practice.

            It appears that Complainant could not travel to Europe and at the same time he did not get the refund of the money from the OP. We hold that OP has grabbed the money of the Complainant in the name of Tours and Travels.

            Consequently, the case merits success.

Hence,

Ordered

That OP is directed to refund an amount of Rs.4,82,000/- to the Complainant with interest   at the rate of 9 percent p.a. with effect from 25.06.2015 till compliance within one month from the date of the order apart from litigation cost of Rs.10,000/-.

            OP is also directed to pay an amount of Rs.30,000/- to the Complainant for causing harassment, mental pain and agony within the said stipulated period.

            OP is also liable to pay an amount of Rs.25,000/- to be deposited to this Forum for indulging unfair trade practice within the said stipulated period.

Failure to comply with the order will attract relevant provision of execution under C.P. Act.