Sri Bipin Kumar Agrawal - Complainant(s)


Sri Sasmit Mahapatra - Opp.Party(s)

Sri Satya Narayana Panda

21 May 2018


District Consumer Disputes Redressal Forum, Sambalpur
Near, SBI Main Branch, Sambalpur
Complaint Case No. CC/59/2016
( Date of Filing : 19 Jul 2016 )
1. Sri Bipin Kumar Agrawal
Resident of Badbazar, Near Haldi Mill, Po.- Badbazar, P.S.- Khetrajpur, Dist.-Sambalpur.
1. Sri Sasmit Mahapatra
Varun plaza, Ground floor Ainthapali Road, PO.-Budharaja, ps.-Ainthapali, Dist.- Sambalpur-768004.
2. The Managing Director (Make My Tip Pvt. Ltd)
Varun plaza, Ground floor Ainthapali Road, PO.-Budharaja, ps.-Ainthapali, Dist.- Sambalpur-768004.
For the Complainant:
For the Opp. Party:
Dated : 21 May 2018
Final Order / Judgement



C.C. No.59 of 2016


      Sri Bipin Kumar Agrawal

Son of Late Hariram Agrawal,

Aged about 53 years,

Resident of Badbazar, near Haldi Mill

P.O.. Badbazar,

P.S. Khetrajpur,

Dist-Sambalpur                                                ……………… Petitioner




  1. Sri Sasmit Mahapatra,

Prop. M/s. Dream tour Holidays

Shop No. G8, Varun Plaza,

Ground FloorAinthapali Road,

P.O. Budharaja, P.S. Ainthapali,

Dist-Sambalpur, Odisha.


  1. The Managing Director, M/s. Make My Tip (Pvt.) Ltd.

Gurgaon Hariyana

C/o Sri Sasmit Mahapatra,

Prop. M/s. Dream tour Holidays

Shop No. G8, Varun Plaza,

Ground FloorAinthapali Road,

P.O. Budharaja, P.S. Ainthapali,

Dist-Sambalpur, Odisha..………….. Opp. Parties


       For Complainant             :

       For O.P.s No.1 & 2                      :


                                SMT. S. TRIPATHY, MEMBER

                              SHRI K.D. DASH, MEMBER


Date of Order:


Shri A.P. Mund, President

The complainant approached the O.Ps.  for facilitating  a trip to South Africa  O.P. No. 1 is the local agent of the O.P. No. 2. The O.Ps. issued  the petitioner a booking I.D. No. is NL20810115588. The O.Ps quoted a discount price of 1,50,000/- per head which includes  for arranging visa, air fare, sightseeing, accommodation etc. from Bhubaneswar onwards.  The O.P’s. were paid Rs. 6,00,000/- as per their demand and the O.Ps. handed over E-Air ticket and detail programmes The tour was to commence  from 11.05.2016.This was like a turn key project arrangement  and the O.Ps. were to provide all the facilities after receiving the payment.

            As per instruction by the O.P’s, the petitioner and his family arrived at Bhubaneswar on 10.05.2016  and at Mumbai on 11.05.16.  According to the petitioner the visa was not handed over till 11.05.2016.  He waited for two days at Mumbai  along with his  family for receiving the Visa and  availing the  dream package tour later on.  On non receipt of visa he lodged a complaint  with the O.P.No.1but to no avail.

To satisfy the eagerness of the family he had to book a Goa trip which cost the petitioner Rs. 1,50,000/-. The petitioner also spent Rs. 50,000/- for stay at Mumbai, Rs. 50,000/- for visiting Kolkata for Yellow vaccination.  The petitioner  spent an amount  totaling Rs. 8,50,000/-  towards a failed trip; for which the O.Ps are wholly responsible  for not providing adequate service to the complainant.

             On the basis of the above the petitioner prayed for the refund of the package of the tour of Rs.6,00,000/-, return of Rs.2,50,000/- which the petitioner has spent on Yellow Vaccination  at Kolkata, stay at Mumbai and the cost of the trip to Goa. He has also  asked for interest and other reliefs including exemplary compensation for mental agony the complainant suffered. To bolster the case; the complainant has filed the following documents.


  1. Offer of the opposite parties sent by mail to the Complainant.
  2. Confirmation Voucher of O.P. No. 2 sent by mail
  3. Air Reservation E-ticket.
  4. Detail Tour programme.
  5. Correspondences  of the parties through mail.
  6. Office copy of Advocate notice along with the Postal receipt and AD of the O.P. No. 1.
  7. Detailed tour programme supplied by O.P. No. 2 through O.P. No. 1.
  8. Visa  affixed to pass port showing date of issue i.e. 11.05.2016.
  9. Deposit slip of ICICI Bank, showing deposit of the package cost.

The O.Ps were properly noticed and on 05.10.16 the O.Ps were set ex parte.

            The complainant filed its written argument and conducted his argument.  According to the  Advocate  for complainant,  this is a pure case of cheating by the O.Ps. The O.P’s were provided with the consideration money as per their demand for taking the complainant along  with his family to  South Africa.  The O.Ps were to provide tour key facilities like arranging for visa, transport, accommodation etc. The O.Ps after receiving total payment did not provide any facilities or responded to any complaint/quarry for onward journey to South Africa.  The stamp Visa shows dt. Of 11.05.2016, which is a clear case of  negligence and carelessness committed by the O.Ps on arranging visa before the date of departure.

The Learned Advocate further submitted that as per evidence he has submitted all the  amount to the O.Ps vide ICICI Bank deposit slip dtd. 06.05.2016. The  family eagerly waited for dream tour  but  their dream was shattered by the deficiency in service committed by the O.Ps

To satisfy the  eagerness  and excitement of the  children the petitioner had to undertake an unwanted tour to Goa, which was  not in their schedule.  Accordingly, the Learned Advocate urged that, the petitioner be compensated and the O.Ps be penalized for committing  deficiency in service.


            On the basis of the above submission we are satisfied that the O.Ps have committed the deficiency in service by not providing visa on time.  Neither  the O.Ps took the  complainant on South Africa tour on another date after stamping and receipt of visa. The O.P did not respond to the quarries made by the petitioner.  This is a serious breach of faith and  the O.Ps have committed /neglected in providing service to the petitioner. The O.Ps have deliberately not carried out the part of the contract which they have to provide to ensure that the complainant and his family go to South Africa.  The O.Ps have  shattered the dream of the family.  Hence they have to compensate the petitioner and his family after shattering the dream tour to South Africa. The O.P’s have  to  refund Rs.6,00,000/- for the payment they have accepted for providing services.

The complainant has not given any evidence regarding the expenses for touring Goa for which we are inclined not to grant any compensation. But we are fully satisfied regarding incurring of other expenses of  Rs. 1,00,000/- for the travel to Bhubaneswar and stay in Mumbai waiting for visa, visiting Kolkata for Yellow Vaccination.  Besides the  above, the O.Ps have to compensate to the petitioner of Rs. 40,000/- for causing  harassment, mental agony  and distress to the family for not taking the family on a dream tour to South Africa and for committing the deficiency of service. On a total the O.Ps are to pay Rs. 7,40,000/- to the petitioner within a month of this year, otherwise the amount will carry an interest @12% from the date of the order  till payment.  Both the O.Ps are jointly liable to carry out this order. 





                                                                                                                                   SHRI A.P.MUND

                        Sd/-                                                                                                        PRESIDENT.

SMT S.TRIPATHY. Member I agree.

                        Sd/-                                                                                                            Sd/-          

   SHRI K.D.DASH.  Member    I agree.                                                     Dictated and corrected by me.






[HON'BLE MRS. S.Tripathi]

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