PER JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER This revision petition has been filed by the petitioners/complainants against the order dated 27.01.2012 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, he State Commission in Appeal No. 2192 of 2011 M/s. Sree Saraswathi Tours & Travels Vs. K. Gururaj & Ors. by which, while allowing appeal, order of learned District Forum allowing complaint was set aside and complaint was dismissed. 2. Brief facts of the case are that complainants/petitioners opted for a package tour organized by the OPs/respondents from Delhi to Badrinath/Kedarnath starting from 21.9.2010 to 28.9.2010. The complainants paid Rs.42,000/- i.e. Rs.7,000/- per head. Complainants also paid Rs.1500/- as extra money for six passengers to go to Kedarnath. OPs cancelled tour programme in the middle and complainants had to return back to Bangalore. Alleging deficiency on the part of OPs, complainants filed complaint for awarding compensation of Rs.58,500/-. OPs contested complaint, filed written statement and submitted that tour was cancelled because of natural calamities and denied any negligence on the part of OPs. It was further submitted that OPs have already refunded a sum of Rs.4340/- to the complainants and prayed for dismissal of the complaint. Learned District Forum after hearing both the parties allowed complaint and directed OPs to pay a sum of Rs.49,160/- along with 12% p.a. interest and Rs.2,000/- as costs. Appeal filed by the OPs was allowed by learned State Commission vide impugned order against which, this revision petition has been filed. 3. Heard learned Counsel for the parties at admission stage and perused record. 4. Learned Counsel for the petitioners submitted that, as the respondents cancelled tour programme, petitioners were entitled to refund the amount along with compensation and learned District Forum rightly allowed complaint, but the learned State Commission has committed error in allowing appeal and dismissing complaint; hence, petition be allowed and impugned order be set aside. On the other hand, learned Counsel for the respondents submitted that on account of act of God, tour programme was cancelled and further submitted that petitioners have not come with clean hands with District Forum and proportionate amount has already been refunded to the petitioners and in such circumstances, order passed by learned State Commission does not call for any interference; hence, revision petition be dismissed. 5. It is not disputed that OP conducted tour programme and charged Rs.42,000/- from the complainants. It is also not disputed that the tour programme commenced on 21.9.2010 and complainants were taken to Haridwar from Delhi. From the record it becomes clear that on account of natural calamities, tour programme onwards from Haridwar to Badrinath and Kedarnath was cancelled. In such circumstances, it becomes clear that there was no deficiency on the part of OP in cancelling tour programme on account of natural calamities. 6. Now, the questions arises that how much money was to be refunded by the OP to the complainants. As per written statement filed by the OP, Rs.4340/- has been refunded to the complainants, which has been held proper by the learned State Commission. Learned State Commission also observed in its order that in this present case only after completing the 50% of the tour programme, the remaining tour programme to Badrinath and Kedarnath came to be cancelled on account of natural calamity, which is not correct finding because, as per tour programme, complainants were to be taken from Delhi-Haridwar-Badrinath-Kedarnath-Delhi. OP has taken the complainants only to the distance of about 200 k.m., whereas as per tour programme, complainants were to visit Badrinath and Kedarnath also. In such circumstances, it can be inferred that only 10% tour was completed by the OP and afterwards on account of natural calamities, the tour programme was cancelled and OP has not completed 50% of the tour programme before cancellation. In such circumstances, as per Clause 19 of the Agreement Annexure P-5, complainants were entitled to receive back reasonable amount after deduction of cancellation charges. 7. OP was to provide boarding and lodging and transportation for 7 days and in such circumstances, it may be presumed that OP charged Rs.150/- per diet per head meaning thereby, OP charged near about Rs.2100/- for providing food, etc. and remaining Rs.4,900/- must have been charged for transportation, stay, etc. As the tour was cancelled at Haridwar just after covering 200 k.m., the complainants were entitled to receive at least Rs.4,000/- per head and were also entitled to receive Rs.1,000/- per head against food, etc., as the OP provided food, etc. to the complainants from 22.9.2010 to 25.9.2010 at Haridwar. In this way, every complainant was entitled to receive Rs.5,000/- from the OP, whereas OP has refunded only Rs.4,340/- to all the passengers and in this way, the complainants are entitled to receive balance amount of Rs.25,660/- from the OP and OP has committed deficiency in not returning the aforesaid amount. 8. Learned Counsel for the respondent submitted that respondent made all the arrangements for transportation and boarding of the complainants to Badrinath, which is factually incorrect because neither OP has taken this plea in their written statement, nor submitted any document by which, it can be inferred that OP had borne transportation and boarding charges from Haridwar to Badrinath and back. 9. On the basis of above discussion, it becomes clear that learned State Commission has committed error in passing impugned order and dismissing complaint, on this assumption that 50% tour programme was completed and in such circumstances the revision petition is to be allowed and impugned order is liable to be set aside and order of District Forum is to be modified. 10. Consequently, revision petition filed by the petitioners against the respondent is allowed and impugned order dated 27.1.12 passed by learned State Commission in Appeal No.2192/11 is set aside and order of learned District Forum passed in Complaint No.913/11 dated 20.6.11 is modified and respondents are directed to refund balance sum of Rs.25,660/- to the petitioners within 30 days, failing which, petitioners are entitled to get 12% p.a. interest on this amount from 24.9.10 till payment. Respondents are also directed to pay Rs.2,000/- as costs to the complainants.