Order No.  9  dt.  20/04/2017

          The case of the complainant in brief is that complainant on 19^th September,2016 booked two seats 1 and 2  in a 30 Seater AC Bus meant for whole night pre puja tour by naming the tour as UDBODHANI (Sarad Utsav bus tour ) scheduled to be started on 6^th  October, 2016 by West Bengal Tourism Development corporation( WBTDC) Ltd (opposite party).

          The seats were booked by the complainant in the name of Paramita Mukherjee w/o the complainant with I.D.No. AHPPN3787J by online payment of Rs.3,300/-on19.09.2016. The booking stated above under PNR No.3CTZNUDB1601449 was cancelled on the same day i.e. on 19.09.2016 by the complainant due to some unavoidable reason known to the complainant. After on-line cancellation of the booking  the complainant had enquired about the refund of the same through email on 19.09.2014 against which the o.p. replied in the negative on 20.09.2014 by quoting the remarks ‘As per rules no refund’. Afterward the complainant approached the WBTDC office at B B D Bag, East , Kolkata-700001 for refund.

          Being aggrieved by response of the opposite party the complainant lodged this complaint praying for the direction upon the o.p. to return Rs.3,300 (ticket value), to pay Rs.5000/- as compensation for harassment and mental agony and to pay Rs.3,000/- as litigation cost.

          The o.p by submitting their w/v with copy to the complainant has contended that Paramita Mukherjee with her ID proof has made booking on 19.09.2016 from Udbodhoni package tour for 06.10.2016 by computer generated reservation slip after perusing and accepting the terms and condition which clearly mention that ‘Sharodutsav Tours’ are not refundable. Cancellation rules are depicted below :

1. tour may be cancelled due to less booking.
2. No refund admissible for City Tour and Sharodutsav Package Tours.
3. More than clear 30(thirty) days 15% of the tour price will be deducted.
4. Between clear 25(fifteen) days and clear 29 (twenty nine) days 25% of the tour price will be deducted.
5. Between 7 (seven) days and clear 14 (fourteen) days 50% of the tour price will be deducted.
6. Between 4(four) days and clear 6(six) days 80% of the tour price will be deducted.
7. Less than or equal to clear 3 (three) days no refund admissible
8. Seat number allotted are provisional and may be changed  due to emergency/operational constrains.

OP has argued that in spite of accepting the terms and conditions appearing in the reservation slip and the mail correspondences, the complainant filed this complaint knowing fully well the terms and conditions for the booking. The allegations and/or contentions made in the complaint is after thought filed for material gain.

The Corporation denies and dispute all allegation and/or contention made in the complaint. The  terms and conditions for booking was clearly written and the complainant being highly educated person holding very high post in the Central Government Office must be aware of the rule and regulations of booking which was clearly visible in the system generated reservation slip which can not be altered/modified by the employees of the Opposite Party. It is also specifically denied that any one of the employees of the o.p. had assured to transfer the ticket to some one with the consent the complainant. There is no rule to transfer the tickets in the online Booking system in the name of third party. All Government Booking/Tickets/Reservation are following same system. For example Train and Air tickets cannot be transfer in the name of third party.

The complainant is bound by the written terms and conditions for booking procedure and now cannot deny his ignorance of the terms and conditions on which the booking was confirmed. According to procedure the cancelled tickets can be re-allotted to the  person applied for online booking which is called vacant seat for which no employees of the o.p. is benefitted and/or gained. The moment the ticket is cancelled through system, the online booking shows vacancy and any one can avail the same.

The o.p. therefore, prayed the complaint case be dismissed with exemplary cost of Rs.15000/- for harassment including litigation cost against the complainant.

On the basis of the pleadings of the parties the following points are to be decided :

1. Whether there was any deficiency in service on the part of the o.p.;
2. Whether the complainant will get any relief as prayed for;
3. Whether the complainant had caused the o.p. to suffer  for malicious allegation against the goodwill and reputation of the Government organization;

Decision with reasons

          All the points are taken up together for the sake of brevity and avoidance of repletion of facts.

          Complainant has argued that the cancellation of the Sharodutsav Tours on 6^th October,2016 was made with the sole purpose of rebooking the tour on 7^th October,2016 for personal reason. Against changing the date of booking o.p. was adamant to get back the refund money but selling of the cancelled booking to other people and collection of money there from had occurred.      

          Complainant  along with his wife decided to avail the service of WBTDC Ltd by booking two tickets in 30 Seater AC Bus scheduled to be started on 6^th October, 2016. The ticket were booked on 19^th September. But incidentally the complainant had compelled to cancel the two tickets on the same day i.e on 19^th September, 2016.After cancellation the complainant tried all his attempts to get back  Rs.3,300/- against the cancelled booking.

          But according to the rules and regulations of the Corporation o.p personnel had nothing to do in honouring the attempts of the complainant. Being an educated person complainant should follow the terms and conditions printed in the down loaded ticket out of online booking system. The complainant had not availed any service from the o.p. Therefore, deficiency in service on the part of the o.p. had not occurred. For personal cause the complainant cancelled the booking as per the terms and conditions of the said ticket therewith no refund of money in case of cancellation of the tickets. Therefore we hold that the complainant will not be entitled to get any relief as prayed for.

          Hence, ordered.

          That the case no.453/2016 is dismissed on contest.

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