B.H.Gadhavi

A-19-279

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IN THE CONSUMER DISPUTES REDRESSAL

COMMISSION, GUJARAT STATE AT AHMEDABAD.

Court-2

APPEAL NO. 279 OF 2019

1. Kiritbhai Ratilal Tapiavala

2. Minakshiben Kiritbhai Tapivala

Both at:7, Akshat Bungalow,

Opp. Madhuram Party Plot

On the line of Bank of Baroda.

3. Sureshchandra Mangaldas Modi

4. Sushilaben Sureshchandra Modi

Both at: 163, Pritam Society No.1,

Behind Navjivan Vidhyalay,

Bharuch.

5. Rajendra Ambalal Mithaivala

6. Ushaben Rajendra Mithaivala

Both at: AA/2,

Shri Rang Krushna Bungalow,

Besides Raj Ratna Society,

Zadeshwar.

7. Ashok Ambalal Mithaivala

8. Rashmiben Ashokbhai Mithaivala

Both at:61, Nilkanth nagar Society,

Gujarat Housing Board,

Bharuch.

9. Bhupendra Thakorlal Panvala

10.

Minakshiben Bhupendra Panvala

Both at: B-237, Shivam society,

Behind H.D.F.C. Bank,

Details

DD

MM

YY

Date of Judgment

19 07

2022

Date of filling

22 06

2018

Duration

27 00

04

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Bharuch

…Appellants

Vs.

1. Kiranbhai Parekh

2. Jayanibhai Parekh

Both at: Shayona tours and travels,

9, Shivdham Duplex,

Behind Omkar Residency,

Sun city (Ambe School Road)

Manjalpur, Vadodara.

...Respondents

Appearance: Ld. Ad. Mr. C.R. Chalishajarvala

for the appellants.

Coram: Shri M. J. Mehta, Judicial Member

Ms. P. R. Shah, Member

Order by Shri M.J. Mehta, Judicial Member

1. Being aggrieved and dissatisfied with the

judgment and order dated 27.04.2018 passed by

the DCDRC, Bharuch in Complaint Case No. 144

of 2015, the appellant has preferred instant

appeal on the grounds that the impugned order

is arbitrary, perverse and bad in law.

2. The parties will be referred as per their original

nomenclature for the sake of convenience.

3. Brief facts of the present case are as under:

Complainants have booked 10 days’ trip to Nepal

and other places with Shayona tours and travels.

The trip was to start on 23.05.2015 and for that

complainants have paid Rs. 7,000/- per person

as advance booking.

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4. On 25.04.2015 there was an earthquake of the

magnitude of 7.9 in Nepal and therefore out of

fear they canceled the trip of Nepal. Opponents

did not return their advance booking money, and

being aggrieved with the same the complainants

filed the complaint against the Opponents for

deficiency in service.

5. Further complainants stated in the complaint

that they read the advertisement in the local

newspaper and got the brochure which stated

that for Rs. 14,000/- per person, trip was for 10

days which is Ahmedabad to Delhi, then

Banaras,

Allahabad,

Ayodhya,

Chappaiya,

Gorakhpur, Nepal and Sonali Border and Delhi.

Ten persons were ready for the trip and deposited

the advance amount by 09.03.2015. The said trip

was on 23.05.2015 but due to high intensity

earthquake, and government advise to not

undertake the journey in that area, the same

advice was also given by the TV News channel as

well, the complainants decided to cancel the trip.

6. Therefore,

on

28.04.2015

complainants

intimated to the Opponents about cancellation of

their tour. Opponents assured that the advance

amount paid in total Rs. 70,000/-will be

refunded as early as possible. Complainants

have intimated to the Opponents by way of

Registered Post as well on 29.04.2015 and the

Opponents have also received the said post as

receipt was signed by the Opponents, therefore,

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the

cancellation

of

trip

was

well

within

knowledge of the Opponents in time, yet

Opponents have not refunded Rs. 70,000/- to

the complainants and thereby complaint was

filed by the complaint to get refund with interest

of 18%, Rs. 10,000/- for mental agony, and Rs.

3,000/- for the cost.

7. The notice was issued to the Opponents, they

appeared before the District Commission and

submitted that the complaint is not legal and not

required to be entertained, further it was

submitted that ther

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