The challenge in this appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is to the Judgement/Final Order dated 11.04.2018 passed by the District Consumer Disputes Redressal Forum, South 24 Parganas at Baruipur (in short, Ld. District Forum) in Consumer Complaint No. 464/2015.  By its order, the Ld. District Forum allowed the complaint lodged by the Respondent Sri Dilip Mukherjee under Section 12 of the Act on contest with the directions upon the Appellants to refund Rs.14,930/- to the Respondent, to pay litigation cost of Rs.5,000/- within one month from the date of the order otherwise the amount shall carry interest @ 9% p.a. till realisation thereof.

          The Respondent herein being complainant lodged the complaint before the Ld. District Forum stating that  he intended to go for a tour at Rajasthan with Agra from 18.09.2014 to 03.10.2014 organised by ‘Chalo Berai Tours & Travels’ of Budge Budge, Kolkata – 700137, Dist- South 24 Parganas at a total cost of Rs.14,930/-.  However, before the schedule date of journey, complainant got sick and four days before he cancelled his tour due to his illness.  Therefore, the complainant requested the OP to refund the amount but it turned a deaf ear. Hence, the respondent approached the Ld. District Forum with prayer for refund of Rs.14,930/-, compensation of Rs.50,000/- and litigation cost of Rs.20,000/-.

          The Appellants being opposite parties by filing written version have stated that as per rules/regulations of the travel agency, no refund would be made if cancellation is made within 72 hours from the date of journey.  The OPs have stated that the cancellation of journey communicated by the complainant over telephone on 17.09.2014 at 12 noon and as such the complainant is not entitled to get refund of the money as claimed.

          On evaluation of the pleadings and the evidence led by the parties, the Ld. District Forum by the impugned Order allowed the complaint with certain directions upon the OP, as indicated above.  Be it mentioned here that there was divergence in opinion at the time of pronouncement of judgement because one of the members of the Ld. District Forum opined that the complainant/respondent is entitled to refund deposited money after adjustment of 50% of package cost plus Rs.400/- per head along with interest @9% p.a. from the date of deposit till payment.  Being aggrieved by and dissatisfied with the said order, the Opposite Parties have come up in this Commission with the present appeal.

          Mr. Debesh Halder, Ld. Advocate appearing for the appellants has submitted that the respondent had been suffering from illness and on 24.08.2014 when he visited the doctor, the doctor has advised him for x-ray chest (PA view) as he had been suffering from lungs congestion.  On 14.09.2014 without x-ray, when the respondent once again visited the doctor, the doctor found fever and advised the respondent for bed rest and to do x-ray of chest on account of chest infection.  Suppressing the illness, the respondent booked the tour on 25.08.2014.  He has also submitted that as per terms of the agreement, though they are not bound to pay any amount, yet they agreed to refund 25% of the amount to the respondent but the respondent did not agree to receive the same and ultimately lodged the complaint.  However, Ld. Advocate for the appellants on instruction of appellant no.2 has submitted that they are ready and willing to refund 40% of the total amount.

          The Respondent, who appeared in person in his brief notes of argument has stated that on account of his illness, he could not undertake the tour at Rajasthan and Agra. 

          Having heard the Ld. Advocate for the appellants and the respondent in person and on perusal of materials on record, it would reveal that the complainant intended to go for a group tour at Rajasthan with Agra from 18.09.2014 to 03.10.2014 organised by respondent no.1, a tour operator at a total cost of Rs.14,930/-.  It is not in dispute that the respondent has paid the entire amount for such tour.  However, owing to his ailments, the respondent could not avail the tour.

          Since it was a group tour and itinerary indicates that the tour operator has already booked hotels at different places including fooding and lodging, certainly they had to make payment for the same and in that perspective, when I conveyed the proposal made by the appellants to the respondent regarding refund of 40% of the total amount.  Realising the situation, he agreed with the proposal.  Therefore, when the dispute has been settled in an amicable situation, the instant lis should not continue any longer. 

          In view of the above, the impugned judgement/final order is modified to the extent that the appellants/opposite parties shall refund 40% of the amount of Rs.14,930/- = Rs.5,972/- along with prevalent bank interest i.e. @ 8% thereon from the date of payments till its realisation and the said amount must be paid within 30 days from date otherwise the respondent/complainant shall have liberty to move the Ld. District Forum to execute the order in accordance with law.

          With the above observations and directions, the instant appeal stands disposed of.

          The Registrar of this Commission is directed to send a copy of this order to the Ld. District Consumer Disputes Redressal Forum, South 24 Parganas at Baruipur for information.