Order no. 15
The case of the complainant in brief is that the complainant in order to avail of the tour programme conducted by o.p. for abroad countries including USA, Canada, etc. The complainant initially paid an amount of Rs.1000/- and subsequently paid an amount of Rs.1,80,000/-. The o.p. organized a get together on 18.5.12 and it was told to the tourists that one Mrs. Sudharani Basu Dutta and Mrs. Khursid was introduced as tour leader, but during the tour programme no authorized tour leader was found. On 26.5.13 at about 5-35 p.m. one Mr. Surajit Sarkar distributed a fresh tour programme at airport entry gate and informed that Canada tour was excluded. During the said tour programme no authorized tour leader was found, the hotel that was provided 50 miles away from the concerned cities, there was no potter to carry the luggage of the tourists and the tourists had to check out at 10-00 a.m. and had to wait J.F. Kennedy Airport, USA from 11-00 a.m. to 11-00 p.m. and there was no arrangement for lunch, dinner, etc. Because of such deficiency in service the complainant filed this case praying for compensation of Rs.2,50,000/- due to harassment and suffering caused during the entire tour.
The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant manufactured the fact for extract of money from o.p. The o.p. is running its business for the last 20 years to the satisfaction of tall its clients and during the tour programme o.p. takes utmost care to the tour participants and guests. On the date of staying at the airport from 11-00 a.m. to 11-00 p.m. it was stated that hefty breakfast was provided to all the tour participants and thereafter adequate quality of good food was provided to the passengers. The o.p. assisted all the tour participants including the selected so called manager for their visa. All application forms duly completed by the tour participants along with their passport were sent to respective office of USA and Canada at Delhi. Unfortunately visa for Canada was not sanctioned for some of the tour participants. However, after perusing some cases were reconsidered and o.p. arranged for their journey from Delhi itself without charging any additional amount. The o.p. cannot be given blame for non granting visa by the concerned country since the aforesaid matter is beyond control of o.p. The complainant was fully aware regarding the said fact and since there was no deficiency in service o.p. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided :
- Whether the complainant made contact with o.p. for availing of the tour programme?
- Whether the complainant was not provided the facilities as undertook by o.p.?
- Whether there was any deficiency in service on the part of o.p.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
The complainant himself conducted the case and he argued that being attracted with the advertisement of o.p. the complainant availed of the tour programme conducted by o.p. and he paid the amount as was sought for by o.p. As per the tour programme o.p. failed to conduct the said tour programme for visiting Canada and the facilities provided to the tourists were not up to the mark. Because of such non cooperation on the part of o.p., particularly not providing any potter or any authorized tour leader the complainant had to face difficulties for which the complainant had to file this case praying for compensation of Rs.2,50,000/-.
Ld. lawyer for the o.p. argued that in the tour programme it was specifically mentioned that the services to be provided to the complainant and as per the charges taken from the complainant, those charges were including the said package paid by the complainant. The complainant was informed before departure that since the visa was not provided by the Canadian Authority, therefore the tour cannot be conducted in Canada, for which o.p. offered the complainant to refund the amount paid by him but the complainant did not raise any objection regarding the said proposal of o.p. and agreed to participate in the said tour programme. The o.p. is one of the highly reputed tour organizer in the city of Kolkata and maintain goodwill in the market. The complainant in order to extract money made false allegation against the o.p. and prayed for compensation.
Considering the submissions of the respective parties it is an admitted fact that the complainant availed of the tour programme conducted by o.p. and he paid an amount of Rs.1,80,000/-. The complainant in the complaint emphasized that during the tour programme no tour leader was authorized by o.p. for which the complainant had to face difficulties. During the tour programme the complainant noticed that the hotel arranged by o.p. was not up to the mark and the same was situated far away from the main city. The complainant and others had to face acute problems due to their advanced age. It is also found from the materials on record that o.p. offered the tourists for conducting tour for USA and Canada but because of not providing visa by the Canadian Authority the said programme had to be cancelled. Though o.p. claimed that the complainant was asked to refund of the money paid by him but no such document was filed by o.p. to that effect. But actually the amount was offered to the complainant for not conducting the tour programme in Canada because of non availability of visa. It is also an admitted fact that the complainant and other tourists most of them were aged persons and they had to suffer because of absence of any authorized tour leader resulting in humiliation in hotel as well as other places. In view of the facts and circumstances as stated above we hold that there was deficiency in service on the part of o.p. and for not conducting the tour in Canada the complainant will be entitled to get compensation on prorata basis of Rs.50,000/- instead of Rs.2,50,000/- as claimed by the complainant. Thus all the points are disposed of accordingly.
Hence,
ordered,
that the case no. CC/19/2015 is allowed on contest with cost against the o.p. The o.p. is directed to pay a sum of Rs.50,000/- (Rupees fifty thousand) only to the complainant as compensation for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two 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.
