K. GURURAJ Vs. SREE SARASWATI TOURS AND TRAVELS

JUDGEMENT

(1.) 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, 'the 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.