Date of Filing: 16.02.2015 Date of Final Order: 30.04.2015
This complaint has been filed by Sri Kumar Upendra Narayan U/S 12 of the C.P. Act, 1986 praying for issuing a direction upon the Opposite Parties i.e. the officials, Guruji Travels and Tours Private Limited and others for refund of Rs.10,000/- as advanced amount, Rs. 25,000/- for as compensation, Rs. 25,000/- for deficiency in service also litigation cost of Rs. 10,000/-pay to the Complainant and other relief as the Forum may deem feet and proper.
Briefly stated the facts of the case as culled out from the record are that the Complainant along with his family members intended to travel at Rajasthan, contacted with the O.P. No. 1 through their Agent i.e. O.P. No. 3and thereafter the Complainant went to the office of the O.P. No. 1 for booking the said tour at Rajasthan on and from 20.12.2014 to 02.01.2015. It is the case of the Complainant that after discussion of both parties the O.P. No. 3 came to the house of the Complainant and received a cheque, bearing No.819663 dated 06.10.2014, SBI, Cooch Behar Branch, amounting to Rs.10,000/- as advanced money of the said tour against money receipt with an assurance of proper service. Thereafter the Complainant received Journey ticket from the O.Ps. on 06.12.2014 via E-mail which reveals that all the tickets are in the category of Waiting List though the Complainant booked journey and paid the advance amount more than 60 days before the date generally when the Railway Ticket Reservation System starts for selling the reservation ticket. By not getting the confirmed ticket the Complainant went to the office of the O.P. No. 1, contacted with the O.P. No. 3 and expressed his agony but the said O.Ps assured him that before journey the ticked will be confirm definitely. Unfortunately, the Complainant did not get confirmed ticket till 18.12.2014 when the date of journey was on 20.12.2014. The Complainant being a senior citizen realized that he is not capable to avail the tour without confirmed ticket and in this juncture he decided to cancel the tour programme. Accordingly, the Complainant via E-Mail cancelled the tour progrmme with a request to return back the advanced amount but to no good. Thereafter the complainant made several contact with the O.Ps but all efforts were in vain. The O.Ps intentionally delayed the matter for which the Complainant suffered mental pain and pecuniary loss which is certainly the deficiency in service. By not getting any co-operation on the side of the Opposite parties the complainant compelled to file the case before this Forum seeking relief(s) with compensation.
In this case despite receiving the notice the Opposite Parties did not come forward before this Forum to contest the case rather represented by the O.P. No. 3 sent a letter in their official pad through postal service which is not been treated a W/V by this Forum also in view to non- appearance of the Opposite parties this case was heard in Ex-parte.
The Complainant files Written Argument and Evidence on affidavit with original documents.
Considering the facts and circumstances the following moot points necessarily came up for consideration to reach a just decision.
POINTS FOR CONSIDERATION
- Is the Complainant is a Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the Opposite Parties any deficiency in service by not refunding the advance money to the Complainant and are they liable in any way?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully and also perused entire Xeroxed/original documents in the record and heard argument of the complainant in Ex-Parte.
Point No.1.
The Complainant in view to avail the Tour at Rajasthan conducted by the Opposite Party, a travel agency paid certain amount through cheque with an assurance of getting service by the opposite party. Thus the status of the Complainant so established as per the C.P. Act 1986, we have no hesitation to say that the Complainant is a Consumer of the Opposite Parties.
Point No. 2.
In the cause title it is seen that the Opposite Parties are not residing within this district also it has no branch office within this district. But the transaction in connection of the Tour conduct by the opposite parties is made at the residence of the Complainant by a cheque of SBI, Cooch Behar Branch through the O.P. No. 3 and cause of action arose in this district which falls under Sec 11(C) of C.P. Act 1986. The Complaint value of this case is Rs. 70,000/- i. e. far less than the prescribed limit. Thus, we are in considered opinion that this Forum has every jurisdiction to try the case.
Point No. 3
Undisputedly, the Complainant booked a journey with the opposite parties for a tour at Rajasthan. It is the case of the Complainant that even after payment of advance money for booking the Railway ticket in due time the opposite Parties failed to give him the Confirmed ticket for which being a senior citizen he compelled to cancel the Tour programme but the Opposite Parties did not return him the advanced money.
Annexure “A” reveals that the Complainant booked a Tour with the O.P. No. 1&2 through the O.P. No. 3 and paid Rs. 10,000/- as advanced money through cheque bearing No. 819663 dated 06.10.2014 on account of Rajasthan Package.
Annexure “B” series the Electronic Reservation Slip goes to show that the ticket in the name of the Complainant was booked on 21.10.2014 for journey on 20.12.2014 from NCB to Jodhpur another booked on 02.11.2014 for journey from New Delhi to NCB on 01.01.2015 are in the category of waiting list.
Annexure “C” transpires that on 18.12.2014 the Complainant informed the O.Ps through E-mail for cancellation the journey tickets of the Complainant as to the Tour at Rajasthan which schedule to start on 20.12.2014 for non-availability of confirmed tickets.
On perusal the entire materials made available in the record and considering the facts and circumstances of the case we have reason to believe that the Complainant booked the Tour with a desire to travel comfortably for which paid certain amount as part payment for the said Tour. At the material point of time he was no intention to cancel the program. Being a senior citizen, when before two days of journey he did not get the confirmed ticket he become astonished and reasonably feels that he cannot travel smoothly. Moreover, when he made contact with the O.P they also failed to give him any assurance to provide confirmed ticket also failed to provide any alternative service.
At present era, people are gradually interested to avail the package tour for a hassle free, tension free and comfortable journey even after made huge payment. In the present case the complainant by not getting the confirmed ticket, suffered mental agony, tension before started journey which compelled him to take decision for cancellation the tour program and informed the O.Ps through mail before two days of journey. Before proceeding any journey there is always a mental as well as other preparation which cannot be possible at the last moment. It is reasonable beyond any manner of doubt that the Complainant cancelled his tour programme to get relief from hazards of journey also there is cogent ground of mental agony when anybody knows very well that a Waiting list ticket holder has no right to boarded at train. If there is any ill intension, the complainant cannot wait for a long time to get confirmed ticket which proved his bonafidness and he bound to pray for cancellation before two days of journey but the O.P did not return back the money that had to be done because they cannot enjoy, said money without giving any service.
On the other hand the O.Ps did not come forward before this Forum to contest the case that seems that they have nothing to challenge the matter.
For the ends of justice if we consider to matter (not W/V) of the O.Ps where without any date and seal of the O.Ps stated that the complainant violated the terms and condition of tour that has been printed over leaf in their booking slip. In this juncture it is pertinent to mention that none can established one sided terms and condition that violates section 14 of the C.P. Act thus, not tenable in the eye of law.
The opposite Party did not return the advance money to the Complainant even after repeated request. This act and conduct of the Opposite Parties is tantamount to deficiency in service.
Point No.4.
In the foregoing discussion it is proved that the Opposite parties have deficiency in service. All the questions are answered in favour the Complainant. Thus, the Complainant is entitled to get relief with compensation.
ORDER
Hence, it is ordered,
The complaint case be and the same is allowed in ex-parte with cost of Rs.1,000/- against the O.Ps.
The Opposite Parties are hereby directed to refund the advance amount of Rs.10,000/- to the Complainant and they are also directed to pay Rs.5,000/- as compensation to the complainant within 45 days failure of which the O.Ps shall have to pay Rs.100/- for each day’s delay and the amount to be accumulated shall be deposited in the “State Consumer Welfare Fund”, West Bengal. The entire order shall be complied by the Opposite Parties jointly and/or severally.
A plain copy of this order be made available and be sent to each of the parties free of cost by registered post with A/D forthwith as per rules.
Dictated and corrected by me.
Member President
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
Member
District Consumer Disputes
Redressal Forum, Cooch Behar
