HON'BLE MR DEBASIS BHATTACHARYA, PRESIDING MEMBER   

     This appeal has been directed against order dated 13.03.2015 in C.C.No.470/2013 passed by the Ld. District Consumer Redressal Forum, Unit-I, Kolkata ( for short, District Forum). By the impugned order, the case has been allowed. Being aggrieved by the same, the OP thereof has preferred this appeal.

          The case of the Complainant is that on 20.01.2012 he booked 16(Sixteen) nights Europe tour package of the OP for him along with his wife at a total package of Rs.1,50,000/- per person, i.e., Rs.3,00,000/-, which is inclusive of accommodation, meals, air tickets, visa, insurance etc., and the date of journey is fixed on 27.05.2012.  He paid Rs.2,76,000/- on or before 23.05.2012 as advance against money receipt. In the meantime, the OP informed him of failure to form a group for the Europe tour for the journey dated 27.05.2012 and requested him to fill up a new booking form vide no.036/5/12 for a period of 10 days Europe package, inclusive of all like the earlier one at a total package of Rs.1,38,000/- per person, i.e., Rs.2,76,000/-, without refund of advance money and the date of journey fixed on 29.06.2012. But, the OP has failed to conduct the said Europe tour on different false and  flimsy grounds, though he made several requests to either conduct the Europe tour or refund the entire advance amount of Rs.2,76,000/- as early as possible, and also a lawyer’s letter has been made in this regard to the OP in order to forthwith return the said amount to the Complainant, who assured him of the return of the entire amount, but it yielded no fruitful result.  Lastly, on 21.06.2013, at about 01.00 PM, when he visited the  office of the OP  to enquire about the matter and for return of entire advance amount of Rs.2,76,000/-,  the OP and his staff flatly refused to do so . Accordingly, the case.

          On the other hand,  the case of the OP is that though the journey was previously scheduled on 27.05.2012, it was rescheduled thereafter for want of visa. The OP by letter 09.09.2012 intimated the Complainant that the journey was  scheduled on 16.09.2012, which was intentionally and deliberately refused by the Complainant.. Accordingly, there was no deficiency in service  on the part of the OP as alleged. It has been prayed that the instant case be dismissed.

          It is to be considered if the impugned order suffers from any kind of incongruity as to facts and in law.

Decision with reasons 

          Ld. Advocate for the Appellant has submitted that the original tour was rescheduled for certain obvious reason, mainly visa  problem. So, there is no question of any deficiency in service by the OP/Appellant. All arrangements for the tour were made , including air tickets. It has been falsely alleged of threats by the OP and the consequent GD. The Complainant has whimsically cancelled the tour, for which terms and conditions of refund would apply.

          Ld. Advocate for the Respondent has submitted that tour was initially to start on 27.05.12, and it was rescheduled to 29.06.2012, but still it was not done. So, the prayer for refund of the advance money of Rs.2,76,000/-.

          The tour has been rescheduled time to time. It is