This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that as per the advertisement of the OP in the Magazine Patrika on 08-12-2012 for conducting a tour in Kashmir the complainant paid a sum of Rs.5,000/- on 10-12-2012 for the total package of Rs.11,500/- as signed by the OP.

          It is stated by the complainant that the tour included Kashmir with Vaishnadevi i.e. 11 nights and 12 days and the scheduled date of departure was on 2^nd April, 2013 by Himadri Express and the period of tour was from 2^nd Apri, 2013 to 13-04-2013. 

          It is also stated by the complainant that while he went on 15-03-2013 to pay the balance due amount for the conducted tour and asked Mr. Sourav Nandi of the OP to receive the balance due amount, but he was informed that the tour was cancelled.  Knowing such information from the OP, the complainant requested him to hand over the railway ticket to him, if it was not cancelled so that he himself proceed for the tour with his own arrangement.  Since, the OP having been not agreed to handover the railway ticket he requested them to refund the money.  But the OP told him that after observing some formalities his money would be refunded to him.

          The specific case of the complainant is that on several occasions, he visited the office of the OP/Welcome Travels and requested them to refund his money, but al in vain.  So, the complainant lodged complaint against the OP before the Consumer Affairs Department, Government of West Bengal, for mediation.  But the mediation also failed and the Authority vide its letter dated 29-04-2014 advised him to move before the District Forum for adjudication.  Hence, this case.

          On the other hand, the OP neither appeared nor filed any written version in spite of notice served.  Hence, the case is heard ex parte.

Decision with Reasons

On proper evaluation of the materials on record it is found that the complainant booked for the tour conducted by the OP on payment of Rs.5,000/- on 10-12-2012 as an advanced money out of total package of tour amounting to Rs.11,500/- to the OP for the scheduled tour programme in Kashmir-Vaishnadevi from 2^nd April, to 13^th April, 2013.

          It is also found that as per advertisement of the OP in the Magazine Patrika on 08-12-2012, he intended to undertake the journey/tour being conducted by the OP and also he paid a sum of Rs.5,000/- as an advance payment for the conducted tour by the OP from 2^nd April to 13^th April, 2013 at Kashmir.  Fact remains, though the complainant made all necessary arrangements for the proposed tour but unfortunately the tour was not arranged at all by the OP as per scheduled date of tour programme.  As soon as the complainant came to know about the postponement of the tour programme, immediately he asked the OP to handover the railway ticket to him, so that he could have arranged the tour for himself, but the OP denied to do so and also told him that after completion of some formalities, his money would be refunded to him.  In spite of such assurances, the OP never refunded his money, even after several persuasions and then the complainant made written complaint before the Consumer Affairs Department, Govt. of West Bengal who tried to solve the dispute through mediation, but failed.

          We have heard the complainant and perused all the documents on record.  No doubt the complainant led evidence and submitted all the documents as reflected above and those documents support the case of the complainant.

          On careful consideration of the materials and the evidence led by the complainant which remains unchallenged, we are of view that there is no reason to disbelieve the unchallenged testimony supported by documentary evidence of the complainant.  Thus, we are of the view that the complainant has definitely been harassed due to irresponsible act of OP/Welcome Travels who failed to arrange the tour programme and due to such act of failure on the part of the OP, the whole programme were shattered from the side of the complainant who made all necessary arrangements for the proposed tour to be conducted by the OP thus caused deficiency on their part and also unfair trade practice on the part of OP which is proved and so, the OP/Welcome Travels is liable to refund the entire advance money paid to them by the complainant and also to pay other relief as claimed.

          In the result, the case succeeds.

Hence,

Ordered

That the complaint be and the same is allowed ex parte against the OP/Welcome Travels with a litigation cost of Rs.2,000/- only.

          The OP/Welcome Travels is directed to refund and pay Rs.5,000/- to the complainant along with composite compensation of Rs.5,000/- and also litigation cost till its realization.

          The OP/Welcome Travels is also imposed punitive damages of Rs.5,000/- for adopting unfair trade practice which shall be deposited to this Forum.

          The OP/Welcome Travels is directed to comply this order within one month from the date of this judgment failing which per day penal interest Rs.50/- shall be assessed till full satisfaction of the decree and if said amount of punitive and penal damages are collected, the amount shall be deposited to this Forum on proper receipt.

          Even if, the OP neglects to comply, penal action/proceeding shall be initiated u/s.27 of the C.P. Act, 1986.

          Complainant to send this copy of judgment to OP at once for compliance.