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Tour Operator Fails to Provide Agreed Car Services: Alipurduar District Commission Orders Refund and Compensation
Apoorva Pandita
24 Nov 2023 10:00 PM IST
The Alipurduar District Consumer Disputes Redressal Commission in West Bengal allowed a consumer complaint filed by a customer who faced problems with a “tour operator”. The complainant paid Rs. 4,000/- for a car service but did not receive it on reaching the destination. Despite attempts to contact the operator, there was no response, so the complainant had to hire another...
The Alipurduar District Consumer Disputes Redressal Commission in West Bengal allowed a consumer complaint filed by a customer who faced problems with a “tour operator”. The complainant paid Rs. 4,000/- for a car service but did not receive it on reaching the destination. Despite attempts to contact the operator, there was no response, so the complainant had to hire another vehicle for Rs. 35,000/-. The District Commission, presided by Shri Santanu Misra along with Mr. Rajib Das and Mrs. Smt. Giti Basak Agarwala, found the tour operator responsible for deficiency in their services and directed them to refund Rs. 1,500/-, along with an extra payment of Rs. 19,000/- and Rs. 50,000/- for the distress caused.
Brief Facts
Mr. Suman Nandi (Complainant) had planned a trip to Sikkim and booked two cars from a tour operator (Opposite Party) over the phone, paying Rs. 4,000/- in advance for this service on June 19, 2022. Initially, both parties discussed plans, but later Suman canceled one car, agreeing to pay back Rs. 2,500/- for the cancellation. Before the trip, Suman had multiple phone conversations with the operator.
On October 6, 2022, when Suman arrived at Siliguri Railway Station as agreed, no vehicle from the operator was there. As a result, he contacted the car operator, but the operator claimed ignorance about the tour and the payment, behaving rudely and refusing to arrange a car. Left with no choice, the complainant had to hire a local taxi for Rs. 7,000/- to travel to Sikkim and another car for five days for Rs. 35,000/-.
As per the complaint, when a personal notice was sent to the operator, the operator called Suman and admitted all of his fault and misbehavior and agreed to be pay Rs. 12,000/- for the loss. But even after these assurances, no refund was received. As a result, Suman filed a consumer complaint seeking a refund of Rs. 1,500/-, reimbursement of Rs. 19,000/- for extra car hire costs and claiming Rs. 50,000/- for mental distress, torture, and harassment.
Observation of the Commission
The Consumer Commission found that the complainant, who paid in advance for a tour service to a tour operator (Opposite Party), did not actually receive the agreed vehicle for his trip to Sikkim. Despite the operator's assurance, no vehicle was provided, leading to mental stress, and forcing the complainant to hire another car for a higher cost. Since the Opposite Party did not contest the case despite receiving notice, the Commission proceeded ex-parte.
As a result, the Commission allowed the consumer claim, holding the tour operator (Opposite Party) responsible for a deficiency in service. They directed the operator to pay Rs. 70,500/- (in total) to the complainant, covering the Rs. 1500/- refund amount, Rs 19000/- as extra expenses for hiring another vehicle, and compensation of Rs 50,000/- for mental stress, within 30 days.
Case Title: Suman Nandi vs. Prem Gurung
Complaint Case No. CC/5/2023
