Order No.   12    Dated   16/12/2015.

       The case of the complainant in short is that complainant contacted with o.ps. on 22.2.12 to participate in the tour programme to Manas Kailash for the period from 27.6.12 to 13.6.12. O.ps. gave a printed tour programme mentioning the terms and conditions which was duly signed by authorized signatory of o.ps. As per terms and conditions complainant paid a sum of Rs.25,000/- in cash on 16.3.12 as advance amount for total consideration of Rs.80,000/- for the package tour in question. O.ps. issued proper money receipt against the payment. The balance amount of Rs.55,000/- was paid in cash on 20.3.12 by complainant against proper money receipt. All on a sudden ops. cancelled the tour programme and complainant was informed by them only two days before the commencement of the journey over phone. Thereafter complainant contacted with o.ps. at regular interval either by way of personal visit or over telephone with request to refund of Rs.80,000/- which was paid by complainant. Every time o.ps. assured the complainant that they would refund the amount at an early date. On 10.8.12 o.ps. issued a letter to complainant informing her that they would refund the amount within 45-60 days without interest. On 21.9.12 o.p. no.1 handed over an account payee cheque bearing no.620154 dt.21.9.12 amounting to Rs.80,000/- but that was dishonoured. Again o.ps. assured the complainant by their letter dt.1.10.12 that they would refund the amount of Rs.80,000/- with banking interest on or before 30.10.12. But o.ps. did not refund any amount to complainant. Ultimately o.ps. did not receive the phone calls from the complainant. Then complainant informed her grievances to Supdt. of Police, 24 Parganas (North); Commissioner of Police, Barrackpur Police Commissionarate; Inspector General of Police, West Bengal; Director General of Police, West Bengal and Deputy Assistant Director, Consumer Affairs Deptt., West Bengal. Complainant brought the matter of o.ps. to the notice of Joint Commissioner of Policy, Crime, Kolkata also. Finding no other alternative complainant filed the instant case with prayer for refund of Rs.80,000/- and interest along with compensation and cost.

            In spite of receipt of notices o.ps. did not contest the case by filing w/v and as such, matter was heard ex parte against the o.ps.

Decision with reasons:

            We have gone through the evidence of complainant and documents in particular. It is admitted fact that being attracted by the advertisement given by o.ps. published in daily newspapers and periodicals complainant contacted with o.ps. to participate in the tour programme of Manas Kailash Yatra conducted by o.ps. The programme was scheduled for the period from 27.6.12 to 13.6.12. As per terms and conditions complainant paid Rs.25,000/- on 16.3.12 as advance booking amount. O.ps. issued the proper money receipt being no.606 dty.16.3.12 against the aforesaid payment. O.ps. also issued the booking invoice being bill no.358 dt.16.3.12 which clearly mentioned the total cost for the package tour and the amount of balance amount payable by complainant. On 20.3.12 complainant paid the balance amount of Rs.55,000/- against money receipt no.513 dt.20.3.12. So it is clear that complainant paid the total consideration amount prior to 30 days of the commencement of the scheduled journey to Manas Kailash. Complainant was informed over phone that the tour had been cancelled only two days before the date of journey. Then complainant contacted with o.ps. requesting to refund the amount of Rs.80,000/- paid by her. O.ps. assured the complainant that they would refund the amount as early as possible. Ultimately they have issued a letter dt.10.8.12 that they would return the total amount without interest which was paid by the complainant. Complainant was agreed to that proposal and accepted the cheque bearing no.620154 dt.21.9.12 amounting to Rs.80,000/- issued by o.ps. But the cheque was dishonoured.  When complainant contacted with o.ps. they admitted the fact of dishonoured cheque and issued a declaration dt.1.10.12 informing the complainant that they would refund the amount with bank interest on or before 30.10.12. But o.ps. did not refund any amount. Complainant went from pillar to post to recover her hard earned money. Being unchallenged testimony we have nothing to disbelieve the documents which were annexed with the complaint petition. O.ps. cancelled the tour programme for the reasons best known to them. Even after receipt of the notice o.ps. did not appear before the Forum. In view of above, we find unfair trade practice as well as deficiency in service on the part of o.ps. and as such, complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed ex parte with cost against the o.ps. O.ps. are jointly and/or severally directed to refund a sum of Rs.80,000/- (Rupees eighty thousand) only to the complainant and are further directed to pay compensation of Rs.45,000/- (Rupees forty five thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.