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STATE CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA, CIRCUIT BENCH AT PUNE

APPEAL NO. A/2020/411

1. TOLU TOURS PVT. LTD.

Head Office at – Buty Building,

1^st floor, Mount Road, Sadar,

Nagpur - 440001

2. TOLU TOURS PVT. LTD.

Address : Kamalashri, Basement,

Opposite Devi Ahilya Temple,

Near Aanand Ashram, Dhantoli,

Nagpur - 440012 ...... Appellants

Vs.

1. Mrs. Harshada Nilesh Kothari

2. Mr. Nilesh Ashok Kothari

Both R/at – Flat No. 03,

Bhagya Vihar Building,

Bibwewadi-Knodhwa Road,

Bibwewadi, Pune - 411037 ...... Respondents

BEFORE: Hon’ble Justice Pukhraj R. Bora, President

Hon’ble Dr. S. K. Kakade, Member

For the Appellant : AdvocateShri. Divyanshu Athalye

For the Respondents : In Person

ORDER

Per Dr. S. K. Kakade, Member

[1]

Being aggrieved by the order dated 30/01/2020 in consumer

complaint no. CC/2015/924 passed by learned Consumer Disputes

Redressal Commission, Pune partly allowing the complaint; the present

appeal has been preferred by the original opponents. The facts necessary

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for deciding theappeal can be stated as under :-

[2] The Respondents/original complainants booked the Europe Tour with

the Appellants/original opponents for visiting cities of Prague, Vienna,

Budapest, Salzburg and Innsbruck and the duration of the tour was for 10

nights and 11 days starting from 23/05/2015 to 02/06/2015. For the said

tour per person expenditure was decided as Rs. 1,49,000/- and accordingly

the respondents had paid total amount of Rs. 2,98,000/- to the Appellant

towards the tour booking of respondent no.1 and 2. On 06/05/2015, the

Appellants had filed Visa application for all the members of the group with

the Austrian Embassy and the Austrian Embassy granted and dispatched

the Visas of 8 persons from the group and the visas of respondent nos. 1

and 2 were not issued by the Embassy.The appellants did not help the

respondents in time for getting visa, so could not travel on tour as planned.

Hence, respondents could not enjoy the tour along with other tour members.

Therefore, alleging deficiency in service on the part of the appellants/original

opponents, the respondents/original complainant filed consumer complaint

no.

CC/2015/924

before

District

Consumer

Disputes

Redressal

Commission, Pune.

[3] The Appellants/the original opponents resisted the complaint by filing

written version. The original opponents have stated that, the original

complainant no. 2 failed to attend the interview scheduled by the Embassy

on 22/05/2015; hence visas of respondent nos. 1 and 2 were not issued by

the Embassy and the complainants could not attend the tour. Therefore,

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the opponents refunded amount of Rs. 1,71,638/- to the complainants.

After considering rival contentions of the parties, the District Commission,

Pune partly allowed the complaint. Against the said order, the original

opponent has preferred this appeal

[4]

It is admitted fact that the Respondents/original complainants had

booked the Europe Tour with the Appellants/original opponents for visiting

cities of Prague, Vienna, Budapest, Salzburg and Innsbruck and the

duration of the tour was for 10 nights and 11 days starting from

23/05/2015 to 02/06/2015. For the said tour per person expenses amount

was decided as Rs. 1,49,000/- and accordingly the respondents/original

complainants had paid total amount of Rs. 2,98,000/- to the Appellant

towards the tour booking of respondent no.1 and 2. It is the contention of

the respondents that, as informed by the

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