STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA SATE, CIRCUIT BENCH, NAGPUR

5^th floor, Administrative Building , Civil Lines, Nagpur 01.

Case No. A/29/2023 (Arising out of order order dated 21/10/2022 passed by the Learned District Consumer Dispute Redressal Commission, Nagpur in Complaint Case No. CC/125/2021)

1. M/s Kesari Tours Pvt. Ltd. Having off.at

314, L.J.Road, Mahim, Mumbai 400 016

2. M/s Hornbill Holidays, Vasant Vihar Plot No.6, Shop No.4, Shankar Nagar, Nagpur 440 010 through Ajitkumar Jaydeo Save Appellant Versus Shri. Dada Tukaram Zode R/o 57, 58 Jaidurga Layout No.2.

Manish Nagar, NAGPUR 37. Respondents BEFORE: HON’BLE MRSKALYANI S. KAPSE, PRESIDING MEMBER HON'BLE MS. SHAILA D. WANDHARE MEMBER PRESENT : Adv. Priyanka Thakre for the Appellant Shri Dada T. Zode, Respondent in person.

ORDER/JUDGEMENT (Dated: 23 May.2025)

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

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/125/2021 in which complaint by the Complainant is allowed.By the instant 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 Maharashtra State Power Generation Company Ltd. 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 September 2019, the Complainant booked for Europe tour (Tour Code No. P72004NO/12), Images of Europe, Economy, 26.04.2020- 07.05.2020) and paid the tour charges of Rs. 3,84,720/- (Three Lacs Eighty Four Thousand Seven Hundred Twenty) through the Opposite Party No.2. The tour charges were including all the tour expenses and VISA charges. The payment was made by the cheque No. 635516 dated 23.09.2019 of Syndicate Bank, Manish Nagar, Nagpur and the cheque in the name of Party No.1. This tour cost of Rs. 3,84,720/- was for two persons, the Complainant and his wife Sau. Nirmala Dada Zode. Tour was to be started from 26.04.2020, however, total tour cost of Rs. 3,84,720/- (Rs. 1,92,360/- per head with discount due to full payment) was paid on 23.09.2019 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. Europe tour required to have two visas for that the complainant was instructed to maintain Rs.4,00,000/- in his saving bank account.

5. 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.

6. Complainant asked the opposite party refund of amount with 18% p.a.

immediately. The op have refunded some visa charges of Rs. 14,544/- on 24/12/2020. But ops didn’t return the amount and compelled the Complainant to file the said complaint.

7. Claim of the Complainant is total tour cost paid on 23/09/2019 of Rs. 3,84,720/-

with 18% p.a. on it till 24/12/2020 i.e. Rs. 86,562/- and the interest on Rs. 3.70.176/-(3,84,720 – 14,544) from 24/12/2020 to 10/02/202