STATE CONSUMER DISPUTES REDRESSAL COMMISSION KARNATAKA FIRST APPEAL NO. SC/29/A/655/2015 M/s. Fiesta Vacations Pvt Limited PRESENT ADDRESS - No.18, (Old No. 109) Hari Brindavan,8th main, 30th cross, 4th block, Jayanagar, Bangalore-09. Rep by its managing Director Sri. Suresh Pendakur. ,KARNATAKA.

Sri. Suresh Pendakur, PRESENT ADDRESS - S/o. Gurumurthy V. pendakur, R/at No., Creative Nest Apartment. Flat No.4, Venugopal Layout, Anandanagar, Bangalore-24. ,KARNATAKA.

.......Appellant(s)

Versus Sri. G. Satish.

PRESENT ADDRESS - S/o. Govindappa, No 8/1. Dasappa Garden, Devanthachar, Street, 5th main road, Chamarajpet, Bangalore-560018. ,KARNATAKA.

.......Respondent(s)

BEFORE:

HON'BLE MR. RAVISHANKAR , JUDICIAL MEMBER HON'BLE MRS. SMT.SUNITA CHANNABASAPPA BAGEWADI , MEMBER FOR THE APPELLANT:

NEMO DATED: 08/08/2025

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)

th DATED THIS THE 8 DAY OF AUGUST, 2025 PRESENT SRI RAVI SHANKAR, JUDICIAL MEMBER SMT. SUNITA C.BAGEWADI, MEMBER APPEAL No.655/2015

1. M/s Fiesta Vacations Pvt. Ltd No.18, (old No.109), Hari Brindhavan, th th th

8 B Main, 30 Cross, 4 Block, Jayanagar, Bengaluru Rep by its Managing Director Sri.Suresh Pendakur … Appellant/s

2. Sri.Suresh Pendakur Aged about 48 years, S/o Gurumurthy V Pendakur, Residing at No.25, Creative Nest Apartment Flat No.4, Venugopal Layout, Anandanagar, Bengaluru -560 24 (By Sri.Sunil.S, Advocate)

-V/s-

Sri.G.Satish, Aged about 49 years, S/o Govindappa, … Respondent/s No.8/1, Dasappa Garden, Devanthahar Street, th

5 Main Road, Chamarajpet, Bengaluru-560 018 (By Sri.M.Sreerama Reddy, Advocate)

O R D E R

BY SMT. SUNITA C.BAGEWADI, MEMBER The Appeal No.655/2015 has been filed by the appellant/Opposite Party being aggrieved by st the order passed by 1 Add. District Consumer Commission, Bengaluru in complaint No.1502/2014 dated 8-6-2015 and prays to set-aside the order and to dismiss the complaint filed by the complainant.

2. The brief facts of the complaint is that, the complainant is a proprietor of M/s. Mahesh Enterprises and running a business of LPG stove, lighter and Suraksha house home appliance at st nd Bengaluru. The 1 Opposite Party is a travel company having its office at Bengaluru and the 2 st Opposite Party is a Managing Director of the 1 Opposite Party. The complainant had contacted the Opposite Parties to arrange for their package tour to Singapore. The Opposite Parties arranged a foreign trip for 44 passengers at the rate of Rs.43,795/-per person including insurance. The complainant had paid the entire amount of Rs.19,27,000/- towards the total package cost of 44 persons through cheque as well as RTGS to the Opposite Parties account. The passenger by name Bhagyashree has undergone surgery due to medical problem and as such the said Bhagyashree and her husband D.Anjaneya could not undertake the trip to Singapore arranged by the Opposite Parties. On 19.10.2012 the complainant had informed to the Opposite Parties about the inconvenience caused to them and requested the Opposite Parties to send the said two person in upcoming months for tour or requested to refund a sum of Rs.87,590/- including insurance amount for the said persons. The Opposite Parties promised to arrange the two persons for foreign tour, but they failed to keep up their promises. Hence, the complainant got issued a legal notice on 03.07.2013 but instead of complying the demand made in the said legal notice, the Opposite Parties have given untenable reply on 25.7.2013. Hence, the complaint.

3. After service of notice of the District Commission, the Opposite Party No.1 and 2 appeared through their counsels and filed version and contended that the complainant availed a service only for a commercial purpose, hence he is not as a consumer. Further contended that, it was not in their knowledge, the passenger by name Bhagyashree had undergone surgery and she and her husband did not undertake the trip. There was no communication either from the complainan