SMARAJIT ROYCHOWDHURY S/O LATE C R ROYCHOWDHURY Vs. KUNDU SPECIAL & ANR; SOUMITRA KUNDU, ONE OF PARTNERS OF PROPRIETOR

JUDGEMENT

(1.) The instant revision petition is filed against the impugned order 26-08-2016 of the West Bengal State Consumer Disputes Redressal Commission (for short, "the State Commission") in First Appeal No.238 of 2015 wherein the appeal was dismissed and the complaint was allowed.

(2.) On 25-04-2014 the complainant booked a tour for Leh Laddakh for self, his wife and daughter starting from 28-09-2014. Accordingly, he paid Rs.8,000/-. He purchased the plane tickets at his own cost and the same was informed to the OP1. Also the train tickets were purchased on 28-08-2014. On 02-09-2014, the complainant visited the OP1 to pay the balance amount of Rs.64,000/- by cheque, but he was informed by an employee that the cheque should be drawn in favour of one, S. P. Kundu but not in favour of "Kundu Special". So the complainant raised objection that it was against their general rules and regulations. He wanted to pay the balance amount in favour of Kundu Special only, but the OP1 refused to accept such cheque. Due to such uncooperative conduct of OP, the complainant requested the OP for refund of Rs.8,000/-, but it was denied. Therefore, the complainant lodged a complaint before the police station Bowbazar on 03-09-2014, but police did not take any cognizance, therefore, complainant filed a writ petition No.26689 (W) of 2014 before the Calcutta High Court on 12-09-2014. The complainant alleged that it was unfair trade practice on the part of the OP-1 to demand the payment by cheque in favour of personal name. The complainant filed a complaint before the District Forum, Unit-II, Kolkata.

(3.) The OP resisted the complaint and submitted that it was a frivolous complaint, and had been filed to camouflage own default of complainant. The complainant defaulted in making due payments. When he was reminded he became hostile, he started some excuses and allegations against the OP. In fact, the OP offered the refund of amount, after applicable deductions towards cancellation, but the complainant denied the same. Thus, to avoid unnecessary quarrel, the OP offered to refund total advance amount of Rs.8,000/- but complainant had changed his stand with the threat to initiate legal proceedings for withholding the amount. Hence, he lodged a false complaint before the police station and, thereafter, moved writ petition before Hon'ble High Court against the OP. Therefore, without paying of the balance amount, the OP did not allow the complainant to take up the tour. Thus, the complainant approached the District Forum with false complaint.