FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, Member,
The case of the Complainant in short, is that, being convinced by the representation of the OPs through itinerary the complainant booked a package tour to Alaska Canada by paying an amount of Rs.9,02,400/- for two in connection of the said tour through cheques and cash on several dates. The proposed tour was to start on May’ 2020. Due to outbreak SARS-CoV-2 Virus Pandemic, Government of India declared lockdown on and from 24/03/2020 which were extended from time to time. Therefore, the Complainant sent an email to the OP1 on 01.04.2020 intimating that owing to pandemic situation it would not possible for them to travel and requested the OP1 to refund the payments made so far. OPs did not reply the said mail until one representative of the OP1 sent a letter through WhatsApp communication on 02.05.2020 and that communication further sent to the Complainants through email dated 04.05.2020. OPs made no assurance in the said letter and email but averred that they would adjust advanced amounts towards rescheduled tours or alternative bookings, international or domestic as the case may be. Upon receipt of the said email the Complainants registered their objection through email dated 04.05.2020 Till date the OPs did not take any initiative to refund the aforesaid amount to the Complainant. Alleging unfair trade practice and deficiency in service on the part of the OPs, the Complainant has filed the present complaint seeking refund of deposited amount including interest , compensation and litigation cost .
OPs contested the Consumer Complaint by filing WV and denied all allegations made out there. The case of the OPs is that the present Complaint is based on motivated grounds and concocted stories and not maintainable for mis-joinder and non-joinder of necessary parties. There is no proximate cause of action arose against the OPs as alleged in the petition. Further, due to COVID-19 tourism industry became worst sufferer and their business has been jeopardized. Moreover, the MD of the OP1 namely Indrajit Sarkar expired on 13.05.2020 and OPs 2, 3 and 4 have also tendered their resignation from Directorship. As such, the present Complaint is liable to be dismissed.
In support of his case the Complainant has tendered evidence supported by an affidavit and also relied upon documents annexed with the complaint petition. OPs did not adduce any material documents and failed to file E/chief and BNA. The Complainant has filed written argument. We have heard argument on merit and have also perused the record.
Evidently, the Complainants had booked the said package tour with the OPs scheduled to start from 22/05/2020 by paying an amount of Rs.9,02,400/-. On perusal of the material documents annexed with the Complainant Petition it is found that the Complainant paid Rs.3,00,000/- on 26/11/2019 vide Cheque No. 507706 drawn on Indian Bank, on 14/12/2019 by cash Rs.2,400/-, Rs.1,50,000/-on 08/02/2020 vide Cheque no. 507718 drawn on Indian Bank and Rs. 4,50,000/- vide Cheque no.685312 dated 08/02/2020 drawn on State Bank of India. There is also no doubt that all commercial / international flights were cancelled due to COVID - 19 Pandemic from March’2020. Therefore, said trip of the Complainants automatically cancelled. Documents on record furnished by the Complainant show that Complainants sent an email to the OPs on 01/04/2020 claiming the refund of deposited amount of Rs.9,02,400/- regarding the said package tour. OPs communicated with the complainants through email dated 04.05.2020 stating that:
However, under the current travel uncertainty, our Overseas and Domestic Travel Partners and Airlines have considered to accommodate and service all our group/Individual Travels in new rescheduled Tour Dates. All of them have agreed to transfer the booking amounts for the respective Passengers to new Tour Date, which will be advised by us to them as situation becomes normal.
We shall thus certainly adjust your advanced amounts appropriately towards rescheduled tour or alternative bookings, International or Domestic as the case may be. We will keep you adequately informed on the reschedules and changes through our Representatives as and when the pandemic recedes and tour- servicing machinery gears up for safe travel.
Complainants categorically raised objection through email dated 04.05.2020 in this regard stating that:
Be it noted that we are not at all concerned with your alleged arrangements, inter alia, with your tour associates, co-tour operators etc. nor we bound to accept any unilateral action to reschedules the tour programme.
Ld. Advocate for the OPs argued that the complainant did not annex vital and relevant documents with the Complaint Petition. We are not inclined to consider this submission as they themselves have not furnished any document in support of their contentions.
It is also submitted by the Ld. Advocate for the OPs that due to COVID – 19 tourism industry became huge sufferer and accordingly business of the OPs jeopardized. However, as a good gesture OP has offered future trips to all intending tourists. In our considered view, such a plea of the OPs cannot be accepted as it has been appeared as an unfair trade practice on the part of OPs since they have collected money from the prospective tourists, it is the duty of the OPs to refund the deposited amount to their customers as the prospective tour forced to cancel due to unavoidable circumstances.
It is also submitted by the Ld. Advocate for the OPs that MD of the OP1 is expired and the OPs 2, 3, and 4 are resigned from the Directorship of the OP1. But not a single scrap of paper is adduced by the OPs in this regard. Therefore, there is no evidentiary value of this submission to us.
In view of the above facts it is observed by us that, it is very unfortunate that OPs have miserably failed to perform their responsibilities. It is not our expectation that the complainant by any means suffer from loss of money and time for the utter negligence on the part of the OPs. Under the above circumstances, unfair trade practice and the gross negligence and deficiency in service on the part of the OPs is proved and the complainant is entitled to get relief/ reliefs.
Based on the above discussion we disposed of the consumer case in the following terms:-
- OPs are jointly and severally directed to refund the deposited amount of Rs.9,02,400/-to the Complainants.
- OP are jointly and severally also directed to pay an amount of Rs.10,000/ as litigation cost and Rs.20,000/- as compensation for harassment and mental agony to the Complainants.
- Above payments shall be made within 06 weeks from the date of this order failing which the deposited amount shall carry interest @ 9% p.a. from the date of the order till its realization.
The instant Consumer Complaint is thus allowed on contest against the OPs.
Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order.
Copy of the Judgement be supplied to the parties as per rules.
Judgement be uploaded on the website of this Commission forthwith for perusal of the parties.
