FINAL ORDER/JUDGEMENT
SMT. SAHANA AHMED BASU, MEMBER.
This is an application u/s.12 of the C.P. Act, 1986.
The case of the complainant, in short, is that on 17/02/2018, the complainant-1 had booked family trip of 10 nights 11 days to Israel and Jordon along with his wife and daughter (Complainant-2 & 3) and paid the booking money of Rs.1,20,000/- to the O.Ps. by NEFT. The cost of the tour was of Rs.1,68,500/- per head and total cost of the trip was Rs.5,30,775/- On 04/04/2018 complainant-1 again paid Rs.17,025/- through NEFT and also on 07/04/2018 Rs.3,93,750/- by cheques being No.862669. Thus, the complainant-1 had paid Rs.5,30,775/- for the total package cost of three persons. On 17/02/2018 O.Ps. sent the air tickets through e-mail. As per advice of the O.Ps. complainant-1 handed over all the necessary papers for getting visa to the representative of the O.Ps. on 21/03/2018. Just the day before of their journey complainant-1 got a phone call from one Aloke Pandey, who handled visa affairs with an advice to appear before the Israel Embassy, New Delhi for an interview on 30/04/2018, which was the succeeding day of the journey. Complainant-1 approached to the O.Ps. to resolve the problem but to no effect. O.Ps. did not take any initiative as per commitment. The tour was cancelled just day before of the journey for no fault of the complainants. O.Ps. informed the complainant-1 that they would refund the deposited sum deducting Rs.1,00,000/- to the complainant. Being aggrieved the complainant has knocked the doors of this Forum praying for a direction upon the O.Ps. to refund the entire deposited sum along with compensation and litigation cost.
In spite of service of notices neither of the O.Ps. have entered their appearance nor did they file any W.V. to contradict and controvert the allegation of the complainants and as such the instant consumer complaint has proceeded ex-parte against the O.Ps.
On pleading of the complainant following points came up for determination.
- Whether the O.Ps are deficient in rendering proper services?.
- Whether the O.Ps indulged in unfair trade practice ?
- Whether the complainant is entitled to get relief or reliefs as prayed for?
Decision with Reasons
Points No.-1 to 3.
All the points are taken up together for the sake of convenience and brevity in discussion.
Notices were served upon the O.Ps. but the O.Ps. failed to enter their appearance to contest the instant consumer complaint.
On the other hand, to establish their case the complainant No.1 has adduced evidence through affidavit and has produced photocopies of e-mails sent to him by the Sales Manager, Sangita Shaw of the O.Ps., sanctioned letter dated 20/03/2018 in respect of LFC and approval of leave encashment of S.B.I. On perusal of those documents and going through the petition of complaint, we find that the complainant paid an amount of Rs.5,30,775/- for three persons in compliance of the O.Ps’. instructions for the proposed family tour of 10 nights & 11 days to Israel & Jordon. It is further alleged by the complainants that O.Ps. had taken upon themselves to secure Visa for the complainants for the entire tour to Israel and Jordon thereby the Visa requirement for Israel and Jordon was informed to the complainant-1. Accordingly, all the necessary papers were submitted before the O.Ps. within the due time including the original passports of the complainants for the getting the Visa on 21/03/2018. But on 27/04/2018 one Aloke Pandey, who handling Visa matters at Delhi on behalf of the O.Ps. intimated the complainant-1 that the complainants had to appear before the Israel Embassy, New Delhi on 30/04/2018 i.e. succeeding day of journey on 29/04/2018 to get Visa done. It has been argued by the Ld. Lawyer for the complainants that the O.Ps. did not take any positive initiative to regularize the Visa issue and consequently the family tour of the complainants stood cancelled for the great negligence on the part of the O.Ps.
We do not find any reason as to why the O.Ps. failed to arrange interview for Visa at Israel Embassy in New Delhi prior to the scheduled date of journey of the complainants. Even the O.Ps. failed and neglected to take any positive step to make the trip possible though they have committed to provide all sorts of support in regard to Visa etc. More so, the O.Ps. are still holding the deposited sum of Rs.5,30,775/- what the complainants should get back in the event of cancellation of the tour. This gesture of the O.Ps. amounts to deficiency in service as well as unfair trade practice on the part of the O.Ps.
The evidence of the complainants together with the documents on record submitted by the complainants in support of their contention, remain unchallenged and uncontroverted. In absence of any contrary and converting materials on record and having regard to the documents filed by the complainants, we are of the opinion that the complainants have been able to establish their case. As such the complainants are entitled to get relief/reliefs as prayed for. Thus, all the points under determination answered in the affirmative.
In result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed ex-parte against the O.Ps. with litigation cost of Rs.5,000/-.
O.Ps. are jointly and severally directed to refund Rs.5,30,775/- to the complainants within 45 days from the date of this order along with the litigation cost.
O.Ps. are also jointly and severally directed to pay Rs.1,00,000/- to the complainants for causing harassment and mental pain and agony within the stipulated period.
O.Ps. are further jointly and severally directed to deposit Rs.5,000/- to this Forum as punitive damage for practicing unfair trade within the stipulated period.
Liberty be given to the complainants to put the order in execution, if the OPs transgress to comply the order.
