TIME TRAVELS PVT LTD Vs. SUBRATA DUTTA

JUDGEMENT

(1.) This is an appeal by the O. P. against the order of the Forum directing it to pay a sum of Rs.19,000/- to the complainant together with cost of Rs.400/-.

(2.) Briefly stated the fact of the case is that the complainant having decided to spend X-mas holidays of 1997 in the Himalayas approached the O. P. for booking railway tickets, hotel and for making other arrangements during tour. The O. P. is a tour conductor and takes tourists to various places in India for visit as per the programme. The tour was to commence from 23.12.1997 and to end on 4.1.1998. The places of visit were Mussourie, Ranikhet, Kousani, Nainital etc. The complainant deposited Rs.6,000/- in cash on 22.11.1997 for railway reservation. The cost of the particular package tour was settled at Rs.12,000/- per head including railway fare. The family of the complainant comprised self, wife and a daughter. The representative of the O. P. assured 50% discount on Holiday tariff as the travel circuit was one of off-season. The complainant made further deposit of Rs.3,000/- and Rs.10,000/- on 28.11.1997 and 29.11.1997 respectively. Thus the total payment was Rs.19,000/- to meet the entire cost of the journey. He asked the representative of O. P. No.1 to confirm the railway reservation, hotel accommodation, arrangement for sight seeing in advance and left his residential address and telephone number to O. P. No.1. The complainant through his representative wanted to collect the railway tickets and documents for confirmation, but nothing was handed over to him to confirm railway reservation, hotel accommodation etc. He waited till 20.12.1997 and then sent a FAX communication to O. P. No.1 alleging non-receipt of any communi-cation from them and requesting them to send documents showing confirmation of railway reservation and programme for hotel accommodation etc. Since nothing was given to the complainant the programme fell through and as a result he suffered loss and damage. He was not in a position to undertake any tour programme within the next two years because of the School Final Examination of his daughter. So he filed the case before the Forum claiming refund of the amount of advance to the O. P. for the tour.

(3.) The case was contested by the O. P. by filing written version wherein they agreed to pay the sum of Rs.13,263/-. Their allegation is that they started booking the hotel as per the schedule, but the complainant having failed to turn up and to collect the confirmation of reservation and to pay the balance amount, could not avail of the journey. They alleged that excepting sending a FAX call the complainant did nothing to collect the reservation slip. So they prayed for the dismissal of the case.