Date of filing : 19/12/2019
Date of Judgement : 10/06/2024
Smt Monihar Begum, Hon’ble Member
BRIEF FACTS
The case of the complaint in short is that the complainant wished to visit Bhutan along with his wife and minor daughter aged about 3 years during Pooja Holidays in October 2019. The OP is the tour operator, based on the previous acquaintance with the complainant. He agreed consideration of Rs.42,000/- in total for six days and seven nights package tours on and from 15th October 2019 and also made an advance of Rs.5,000/- paid to the Opposite Party after confirmation of booking on 16.06.2019. OP received the said amount by an A/c Payee Cheque. After receiving the booking money, OP booked the railway tickets for both outward and return journey from Sealdah to Alipurduar and Alipurduar to Sealdah. Complainant gave their particulars to the OP by writing on a piece of paper as well as by a message in whatsapp Number. On 3rd October 2019, one A/c Payee Cheque of Rs.20,000/- was handed over to her in favour of CHOLO BERAI TOURS & TRAVELS.
On 12/10/2019, OP called the complainant over phone and informed about the mandatory provision of possessing any of the two specific documents i.e. either a Voter Identity Card or a Passport for a tourist who wish to visit Bhutan. Complainant informed that his wife did not have any of the aforesaid two documents. But she had other documents like Aadhaar Card, Driving License, Bank Passbook etc. as proof of her identity.
On arrivial at the immigration office at Phuntshelling Bhutan, permission of entering into Bhutan was denied to the complainant as she did not have any of the two proof of the identity. As a result, the complainant along with family was left alone while the tour operator with other tourist of the group proceeded towards Bhutan.
The above stated acts and conducts of the opposite party shows according to complaint, sheer negligence on their part which amounts deficiency in service and the negligence/wrongful act on the part of the OP. So the present case has been filed by the complainant praying for Rs.1,00,000/- for financial loss, mental agony and pain and Rs.50,000/- for litigation cost.
Complainant has annexed photocopies of Money Receipts showing payment of money towards different purposes during the said tour, photocopies of legal notices, reply of the said legal notice filed by the OP on 21.11.2019 and other relevant documents.
The case has been contested by OP/Smt. Debomita Mallick by filing written version denying and disputing the allegations made by the complainant inter alia that OP arranged for accommodation at Alipurduar together with all amenities and local sight seeing for the complainant and his family members as well as return journey from New Alipurduar to Sealdah in respect of the said journey. So, the OP has prayed for dismissal of the case or the same should be rejected with exemplary cost.
During the course of trial, parties adduced their respective evidence, followed by filing questionnaires, replies.
So argument on behalf of both the parties is heard. Brief note of argument is also filed on behalf of the complainant.
So, the following point requires determination:-
Whether the complainant is entitled to get any relief(s) as prayed for in this case.
FINDINGS
In the written argument, made on behalf of the complainant, it was alleged that OP showed sheer negligence and deficiency in service in connection with their dealings with her(OP) and for which he could not visit Bhutan in the said package conducted tour as a tourist along with other tourists.
On the materials on record, it is found that the complainant never disclosed that his wife is not an Indian and not having valid EPIC or Passport and in the event of the disclosure of such information, the OP would not accept or entertain the complainant’s wife being member of the schedule tour to Bhutan and when such fact disclosed at the immigration point, the official of the Govt. of Bhutan made enquiry to that effect and being dissatisfied with information, refused to grant immigration clearance to the wife of the complainant. It has been found that complainant had been well informed by the OP that two documents either Voter’s Card or Passport is initially required in the Immigration Office for entering into Bhutan and subsequently when neither of the said documents, produced by the complainant, permission for his wife denied.
However, prior to proceed, the OP arranged for accommodation at the Alipurduar together with all amenities and local sightseeing for the complainant and his family members.
The complainant has no cause of action to institute the present case. The failure to give satisfactory reply on the part of the complainant is going to disentitlement to him from getting any relief in this case.
In the circumstance, the suffering of mental pain and agony and prolonged harassment and inconvenience due to the indifferent and arbitrary attitude as arbitrary claimed and alleged by the complainant have nothing to do in the given facts and circumstances to enable him to get relief in this case.
Therefore, on consideration of the materials on record, we find that the instant complaint is liable to be dismissed.
Accordingly it is
ORDERED
That the instant complaint stands dismissed on contest. No order as to cost.
Directed and corrected by me
Member
