Final Order/Judgment

Debasis Bhattacharya:- PRESIDING MEMBER

       The instant case filed under section 12 of the Consumer Protection Act 1986 arises from the grievances of the complainant in the matter of payment of booking money of Rs.80,000/- to a tour operator against a proposed tour to Macca Sarif in the Ramjan month of 2019 in connection with “Haj”, ultimate non-implementation of the said trip and the OP tour operator’s subsequent denial to refund the booking money.

The fact of the case is that the OP Tour operator, claiming himself to be an arranger of trips to Macca Sarif, approached to the Complainant with a proposal to take part in an upcoming trip to Macca Sarif in connection with ‘Haj’ in the Ramjan month of 2019. The complainant having been allured by the OP tour operator’s proposal, paid an amount of Rs.80,000/- as advance booking money in good faith against money receipts.

However, as time passed by, the OP tour operator allegedly started showing total indifference towards arranging the trip in spite of repeated persuasions and finally the trip was not arranged.

A legal notice to refund back the advance booking money also proved to be an exercise in utter futility.

The complainant has annexed photocopies of the corresponding money receipts and the legal notice along with his petition. However it transpires that the legal notice was turned back by the postal authority on the ground that the addressee could not be found.

Considering the above as deficiency of service and unfair trade practice, the complainant approached to this Commission with a prayer to impose direction upon the opposite parties to make refund of the advance booking money of Rs.80,000/-, compensation of Rs.25,000/- for his mental pain and agony and Rs.25,000/- towards litigation cost.

           In view of the above discussion and on examination of available records it transpires that the complainant is a consumer as far as the provisions laid down under Section 2(i)(d)(ii) of the Consumer Protection Act 1986 are concerned.

 The complainant is a resident within the district of Hooghly. The OP Tour operator also is a resident/ having his business within the district of Hooghly. The claim preferred by the complainant does not exceed the limit of Rs.20,00,000/- Thus this Commission has territorial as well as pecuniary jurisdiction to proceed in the instant case.

Decision with reasons:- At the very outset it will be worth mentioning that  the sole opposite party did not appear before this Commission even in a single occasion. As the initial notice could not be served, the Complainant had to take recourse to the Paper publication. Resultantly, the case ran ex parte against the opposite party tour operator.

Materials on records are perused.                                                

Now, in absence of any sort of representation or rebuttal from the opposite party’s end, this Commission does not find any reason to disbelieve the contents of the complaint petition.

Moreover, in absence of any written version and evidence on affidavit on the opposite parties’ part, the points of contention presented by the complainant remain unchallenged.

Thus, in view of the foregoing discussion this Commission is of the opinion that there was apparent deficiency of service and grossly unfair trade practice on the opposite party’s part.

Hence, it is

                                             ORDERED

that the complaint case no.133/2019 be and the same is allowed on contest but in part. The opposite party will be liable to pay the advance booking money of Rs.80,000/- along with interest @9% p.a. for the period from date of payment of the advance booking money to the date of refund of the said advance booking money by the opposite party to the complainant. Besides the OP tour operator is also directed to pay an amount of Rs.10,000/- for causing mental pain and agony and another Rs.10,000/- towards litigation cost. The opposite parties are directed to comply with this order within 45 days from the date of this order.

The opposite parties will be liable to pay Rs.10,000/- towards consumer legal aid account in case of non-compliance of this order within the scheduled date.     

 Let a plain copy of this order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgements/sent by ordinary post for information and necessary action.

The final order will be available in the respective website i.e. www.confonet.nic.in.