In the District Consumer Disputes Redressal Commission, Hooghly, At Chinsurah.

Case No. CC/210/2022.

Date of filing: 29/09/2022.                     Date of Final Order: 28/08/2024.

Tapas Kumar Dhara,

S/O- Late Rakhal Chandra Dhara,

Residing at - 2F/2 Tithiparna Apartment,

Barabazar Main Road, P.O & P.S- Chandannagar,

District- Hooghly, PIN-712136, West Bengal.                                     …..complainant

  -vs  -

Poribrazok Tours & Travels,

Represented by its Manager/Proprietor,

Sri Biplab Bhattacharjee, of 151, Dutta Lane,

Sandeswar Tala, P.O & P.S-Chinsurah, District- Hooghly.                     …..opposite party

Before:           Member,  Debasis Bhattacharya.

                         Member, Babita Chaudhuri.

FINAL ORDER/JUDGEMENT

Presented by:-

Babita Chaudhuri,  Member.

Brief fact of this case:-  This case has been filed U/s. 35 of the Consumer Protection Act, 2019 by the complainant stating that the complainant was willing to make a tour for Leh & Ladak along with his family members and friends and being aware about such travelling agency of the Opposite Party through publication made by the Opposite Party regarding Car and Hotel booking, the complainant met with the Opposite Party for booking a package tour for Hotel and Car booking with mentioned tourism in the month of June 2022.

Complainant also paid RS.1,25,000/- (Rupees One Lakh Twenty Five Thousand) only as advance amount for the said tour and the Opposite Party also issued invoice vide Invoice No. 0238, dated 12.06.2022 for Leh & Ladak (Hotel and Car booking) from 18.06.2022 to 26.06.2022 for five persons.

That accordingly on 15.06.2022 at 7.26 pm the Opposite Party send through WhatsApp the booking invoices of three hotels dated 12.06.2022 at Leh, at Hunder, at Sumur and for the Car Booking issued invoice vide No. 0250 dated 12.06.2022. The Opposite party also intimated to the Complainant over phone that the booking invoices of other two places i.e. Pangong & Tso Moriri and Tour Permit of the whole tour will be delivered on 15.06.2022 personally in the flat of the Complainant within 9.45 PM to 10.00 PM but neither the Opposite Party or nor his representative come to the resident of flat of the Complainant and the Opposite Party did not give any information regarding this.

Thereafter on 16.06.2022 in morning the son and friend of the complainant tried to meet the Opposite Party but the Opposite Party were not in the Office/house without giving any information to his family members and the Opposite Party also switch off his mobile.

That thereafter the wife of the Complainant contacted through mobile to the staff of the booked hotels and then complainant came to know that no booking had till then confirmed by the Opposite Party. After knowing that complainant compelled to cancel the Flight Ticket by paying Flight cancelation Charge of Rs. 23,500/- and booked Flight Ticket for the same Tour (02.07.2022 to 10.07.2022) by paying extra amount of Rs. 27,577/-. And also booked the Hotels & Car for the whole tour personally by paying high rate within a short time.

That thereafter on several occasion the Complainant tried to contact the Opposite Party but the Opposite Party were not in the Office/House and his phone switched off.

The Complainant informed the matter stating the incident to the Inspector-In-Charge, Chandannagar Police Station.

That on 23.07.2022 Complainant sent a letter to the Opposite Party stating the inter alia and requesting to refund of Rs. 1,48,500/-(Rs. 1,25,000 as advance received and Rs. 23,500 for Flight Cancelation Charge). The said letter also delivered but the Opposite Party did nothing regarding this. The Complainant also sent the said letter via email & WhatsApp of the Opposite Party on 03.08.2022

That on 24.08.2022, the Opposite Party sent a reply through Whatsapp to Complainant about received of the letter & also said that he will refund the amount within few days. And then on 01.09.2022 the Complainant sent a message to the Opposite Party to refund the amount within 15 days, but the Opposite Party did nothing till date.

That due to such deficiency in service and unfair trade practice on the part of the Opposite Party, the Complainant suffered mental agony anxiety and harassment and for such reason the Opposite Party is liable to refund the booking amount and Flight Cancelation Charge along with interest in favour of the Complainant.

The Complainant being a bona-fide consumer under the Act is entitled to get relief as prayed for.

Complainant filed the complaint petition praying direction upon the opposite party to refund the advance amount  of Rs. 1,25,000/- which was received by the opposite party for booking hotels and car for said tour along with  interest @ 18% per annum and to pay a sum of Rs. 23,500/- which was charged for cancellation of flight and to pay a sum of Rs. 2,00,000/- toward compensation for causing severe mental agony, anxiety and harassment and financial loss and to pay a sum of Rs. 20,000/- towards cost of litigation.

Defense Case:-  The opposite party contested the case by filing written version denying inter-alia all the material allegation as leveled against him and stated that the Opposite Party did everything as per the conversation between the Complainant and the Opposite Party. Everything was planned according but the Complainant had expressed their desire to change the scheduled dates on the last moment on 15.06.2022 when the Opposite Party had already done all the bookings by paying charges to the concerned parties and accordingly sent through Whatsapp the booking invoices to the Complainant dated 12.06.2022. Still the Opposite Party tried his best to change the dates as per the request of the Complainant but without giving extra money, it was not possible and the said reason was being conveyed by the Opposite Party to the Complainant but the Complainant did not agree. Finally, when the Complainant did not agree to the Opposite Party and said that they will do everything of their own and asked the Opposite Party to refund the amount paid, Opposite Party told them that he will surely refund the money after deduction of necessary charges. The Complainant did agree to the legitimate request of the Opposite Party, still filed this instant complainant without giving any information to the Opposite Party.

That that the complainant with malafide intention and in order to usurp money from the Opposite Party has filed this instant complaint which is liable to be rejected.

Issues/points for consideration

On the basis of the pleading of the parties, the District Commission for the interest of proper and complete adjudication of this case is going to adopt the following points for consideration:-

1)         Whether the complainant is the consumer of the opposite party or not?

2)         Whether this Forum/ Commission has territorial/pecuniary jurisdiction to entertain and try the case?

3)         Is there any cause of action for filing this case by the complainant?

4)         Whether there is any deficiency of service on the part of the opposite party?

5)         Whether the complainant is entitled to get relief which has been prayed by the complainant in this case or not?

Evidence on record

The complainant filed evidence on affidavit which is nothing but replica of complaint petition and supports the averments of the complainant in the complaint petition and denial of the written version of the opposite party.

Argument highlighted by the ld. Lawyer of the complainant

Complainant filed written notes of argument. As per the evidence on affidavit and written notes of argument of complainant are to be taken into consideration for passing final order.

            Argument as advanced by the ld. Advocate of the complainant heard in full. In course of argument ld. Lawyer of complainant has given emphasis on evidence and document produced by him.

DECISIONS WITH REASONS

The first three issues/ points of consideration which have been framed on the ground of maintainability and/ or jurisdiction, cause of action and whether complainant is a consumer in the eye of law, are very vital issues and so these three points of consideration  are  clubbed together and taken up for discussion jointly at first.

            Regarding these three points of consideration, this District Commission after going through the materials of the case record finds that the complainant is a resident of P.S. Chandannagar, Hooghly which is lying within the territorial jurisdiction of this District Commission. Moreover, this complaint case has been filed with a claim of below 50 lakhs and this matter is clearly indicating that this District Commission has also pecuniary jurisdiction to try this case. Moreover, u/s 34 of the Consumer Protection Act, this District Commission has jurisdiction to try this case. On close examination of the pleadings of the complainant it also transpires that there is cause of action for filing this case by the complainant against the opposite party. Moreover after going through the provisions of Section 2 (1) (e) of the Consumer Protection Act, 2019 it appears that this case is maintainable and according to the provision of Section 2 (7) of the Consumer Protection Act, 2019. Complainant is a consumer in the eye of law.

            For the purpose of arriving at just and proper decision in respect of points of consideration 4 and 5 this District Commission finds that there is necessity of making scrutiny of the evidence given by the complainant and op. In this regard it is important to note that the op has filed only written version to disprove the case of the complainant. On close examination of the evidence given by the complainant side it is revealed that the complainant has categorically described his case in the evidence and the evidence given by the complainant is also supported by documents. On the other hand, the op has denied the fact of the complainant’s case and stated another fact for his defense case but op has not filed any documents for supporting his case. Therefore, op is unable to prove his defense case.

         In view of the above facts and circumstances, it is clear that the complainant is entitled to get relief as pray for.

In the result it is accordingly

Ordered

that the complaint case being no. 210 of 2022 be and the same is allowed on ex parte with cost.

 Opposite party is directed to refund the total advance amount of Rs. 1,25,000/- only along with interest @ 9% p.a. from the date of this order till realization of full amount  and also to pay Rs. 23,500/- for cancellation charge of flight  in favour of the complainant within 45 days from the date of this order.

Opposite party is further directed to pay compensation of Rs. 10,000/- for harassment in favour of the complainant within 45 days from the date of this order.

In the event of nonpayment/ non compliance of the above noted direction the opposite party is also directed to pay and/ or deposit Rs. 5000/- in the Consumer Legal Aid Account of D.C.D.R.C., Hooghly which is to be utilized for the purpose of poor litigant public.

            Complainant is at liberty to put the final order into execution after expiry of the appeal period.

 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 acknowledgement/ sent by ordinary post for information and necessary action.

            The Final Order will be available in the following website www.confonet.nic.in.