STATE CONSUMER DISPUTES REDRESSAL COMMISSION CIRCUIT BENCH NAGPUR FIRST APPEAL NO. SC/CB2/27/A/27/2023 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 SHRIDHAR PANDURANG CHARDE PRESENT ADDRESS - R/O GUJAR WADA KOTHI ROAD MAHAL NAGPUR MAHARASHTRANAGPUR,MAHARASHTRA.

BABY SHRIDHAR CHARDE PRESENT ADDRESS - R/O GUJAR WADA, KOTHI ROAD, MAHAL NAGPUR MAHARASHTRA,MAHARASHTRA.

.......Respondent(s)

BEFORE:

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

MS. PRIYANKA THAKRE, LEARNED ADVOCATE FOR THE APPELLANT AND FOR THE RESPONDENT:

MR. SAWAL, LEARNED ADVOCATE FOR THE RESPONDENT.

DATED: 30/09/2025

ORDER

PER MRS.KALYANI 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/244/2021. By the instant appeal the appellant namely M/s Kesari Tours Pvt. Ltd. against Shri Shridhar Pandurang Charde challenging the Judgment whereby the Complaint of the Original Complainant/ Respondent was partly allowed.

2. Short facts leading to the filling of the Appeal is as follows-(Parties to the Appeal are hereinafter referred as per their original nomenclature for better appreciation.)

3. 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.

4. The Complainant is a permanent resident of above address and 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.

5. That, in the month of September 2019, the Complainant booked for Europe tour (Tour Code No. P72004NO/15) of London, Paris, Rome, Italy and Other countries on 26/04/2020 to 07/05/2020) and paid the tour charges of Rs. 3,95,220/- (Three Lakh Ninety Five Thousand Two Hundred Twenty Only ) 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. 953939 and 717482dated 24/09/2019 of Syndicate Bank, Manish Nagar, Nagpur and the cheque in the name of Party No.1. This tour cost of Rs. 3,95,20/- was for two persons, the Complainant and his wife. Tour was to be started from 26/04/2020, however, total tour cost of Rs. 3,95,220/- was paid on 24/09/2019 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.

6. However due to COVID-19 pandemic the opposite party cancelled 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. Complainants rejected proposal of tour company.

7. Complainant prayed to direct the opposite parties to refund the amount of Rs.3,95,220/ paid by the complainant as a tour cost along with the interest @24% p.a. calculated up to the date of actual refund of the amount by the opposite parties. Rs 5,37,500/- till 05/04/2021 and the interest on this amount till the actual refund of amount.

8. The opposite parties to pay the compensation of Rs.1,00,000/- each complainant against the mental torture, physical; trouble and harassment caused to the complainant due to the non-payment of amount by the opposite