STATE CONSUMER DISPUTES REDRESSAL COMMISSION CIRCUIT BENCH NAGPUR FIRST APPEAL NO. SC/CB2/27/A/23/28 M/S KESARI TOURS PVT. LTD.

PRESENT ADDRESS - HAVING OFFICE AT 314, L.J. ROAD, MAHIM, MUMBAI 400016 MAHARASHTRA ,MAHARASHTRA.

M/S HORNBILL HOLIDAYS PRESENT ADDRESS - VASANT VIHAR PLOT NO. 6 , STOP NO.4, SHANKAR NAGAR NAGPUR THROUGH AJIT KUMAR JAYDEO ,MAHARASHTRA.

.......Appellant(s)

Versus PRAKASH DATTATRAYA KULKARNI PRESENT ADDRESS - PLOT NO 10, AMALTAS APARTMENT FLAT NO. 1302, SANGHARSH NAGAR, NEAR PIONEER TULIP, JAYTALA, NAGPUR 440036 MAHARASHTRA ,MAHARASHTRA. .......Respondent(s)

BEFORE:

HON'BLE MRS. KALYANI KAPSE , PRESIDING MEMBER HON'BLE MS. SHAILA D. WANDHARE , MEMBER FOR THE APPELLANT:

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FOR THE RESPONDENT:

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DATED: 23/05/2025

ORDER

ORDER/JUDGEMENT (Dated: 23 May.2025)

PER MRS. KALYANI S. KAPSE HON'BLE PRESIDING MEMBER

1. 1. Being aggrieved by the order dated 21/10/2022 passed by the Learned District Consumer Dispute Redressal Commission, Nagpur in Complaint Case No.

CC/113/2021 in which complaint by the Complainant is allowed.By the instant

2 appeal the appellant is challenging the Judgment whereby the complaint of the Original Complainant/ Respondent was allowed.

2. Short facts leading to the filling of the Appeal is as follows-

(Parties to the Appeal are referred by their original nomenclature.)

In nutshell it is a case of the Complainant that the Opposite Party No.1 above named is private limited Company engaged in the business of conducting Domestic and International Tours worldwide. OP. No.2 is Agent of OP. No.1 at Nagpur.

3. The Complainant is a permanent resident of above address and is a retired employee from Air Force. The Opposite parties are the tourist companies/agencies conducting tours within the country and out of the country.

The Opposite Party No. 1, namely Kesari Tours Pvt. Ltd. is the renowned tour conducting company and Party No. 2 is franchisee of Party No.1, at Nagpur. That, in the month of December 2019, the Complainant booked for USA tour This tour cost of Rs. 5,84,808/- was for two persons, the Complainant Shri.Prakash Kulkarni and his wife Sau. Supriya Kulkarni. Tour was to be started from 18/6/2020 and was upto 30/6/2020. however, total tour cost of Rs.

5,84,808/- (Rs. 2,92,404/- per head with discount due to full payment) was paid on 31.12.2019 by the Complainant and the Opposite Party No.1 received the same. The copy of receipt of payment is annexed herewith as Annexure No.1 to the complaint.

4. However due to COVID-19 pandemic the opposite party cancwelled the said tour and intimated to the Complainant through message on 19/03/2020. The opposite parties intimated to the complainant on 14/07/2020 that OP are making refund of money and requested to wait for his turn. But complainant received a mail dated 03/09/2020 with a proposal of Credit Shell with terms and conditions decided by the opposite parties without consent of the Complainants.

5. Complainant asked the opposite party refund of amount with 24% p.a.

immediately.

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6. Complainant also prayed for compensation of Rs. 2 lac for mental torture, physical trouble and harassment and Rs.25,000/- for expenses of the litigation.

7. Notices were issued to the opposite parties No. 1 and 2 and they filed their written version (Written statement) on record on 24/01/2022. Specifically denied all the allegations levelled against them by the Complainant.

8. The learned District Consumer Commission, Nagpur thereafter recorded the evidence led by the Complainant as well as opposite party. District Consumer Commission also went through the documents filed by both the parties as well as written notes of arguments and. After appreciating the oral and documentary evidence the learned Consumer Commission thereby partly allowed the said Complaint dtd.21/10/22.

9. Directed the Opposite Party No. 1 & 2 individually or jointly shall refund to the Complainant the amount deposited by him for foreign tour Rs.5,84,808/- along with interest @ 7% p.a., from 04/01/2020 till the payment of said am