BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAITHAL.
Complaint No.220/18.
Date of instt.:27.08.2018.
Date of Decision: 21.12.2018.
Pankaj Setia s/o Shri Ashok, r/o Mahadev Colony, Siwan Gate, 205/4, Kaithal.
……….Complainant.
Versus
- Authority/Manager/MD, The Holidays Club (A unit of Club Holidays and Resorts OPC Pvt. Ltd.), Ansal Plaza Mall/ FF-SR-03/Vaishali, Ghaziabad (U.P.)-201012.
- K.S. Pandey Manager, The Holidays Club (A unit of Club Holidays and Resorts OPC Pvt. Ltd.), Ansal Plaza Mall/FF-SR-03/Vaishali, Ghaziabad, U.P.-201012.
……..Opposite Parties
COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.
Before: Shri Rajbir Singh, Presiding Member.
Smt. Suman Rana, Member.
Present: Shri Puneet Chaudhary, Advocate for complainant.
Opposite parties ex parte.
ORDER
(RAJBIR SINGH, PRESIDING MEMBER).
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that he went to put the petrol on the Khurania Filling Station Petrol Pump Dhand Road, Kaithal, then pump’s workman took his phone number and told that the Holiday Club’s Phone would come for good scheme. It is further alleged that on 12.4.2018, the call came from Holiday Club’s that he needs to come on 13.4.2018 with the family in the vegetarian Hotel Padma City Mall, Kaithal. It is further alleged that on 13.4.2018, respondents offered to give him seven days six nights double package in fifteen thousand only. The respondent’s proposal accepted by him and deposited Rs.15,000/- in respondents account through his credit card on the spot/same time. It is further alleged that after receiving money respondent No.2 gave an agreement for sign and again demanded further Rs.8,500/- in the name of AMC charges. It is further alleged that he objected/denied to this further demand of Rs.8500/- as AMC charges, but respondent No.2 demanded repeatedly on the spot/same day i.e. 13.4.2018. Then he refused to respondents for respondent’s offer and demand. It is further alleged that on 13.4.2018 after above said discussion, he at the spot demanded refund the amount of Rs.15000/- with respondents (which was given in advance on the spot) and also took receiving of respondent No.2 in writing on request letter of demanding refund, but respondent No.2 said to him your advanced paid to Rs.15,000/- will be come in him/your account within two or three days, but all in vain. No single penny has been received till today from respondents. It is further alleged that respondents have sent an agreement letter by his fake signature after that so that legal action can be taken u/s 467/468/420 IPC. It is further alleged that from 13.4.2018 till today, he contacted many times with respondents through email phone and requested to respondents for refund the advanced pay money, but all in vain. It is further alleged that on 14.6.2018 he also served a registered legal notice upon the respondents through his counsel Shri Puneet Chaudhary, Advocate, Kaithal, calling upon the respondents to make the payment of advanced paid to respondents alongwith interest and compensation for harassment to him but all in vain. This way, the OPs are deficient in service. Hence, this complaint is filed.
2. Upon notice, no one appeared on behalf of both OPs and as such, the OPs opted to be proceeded against ex parte vide order dt. 11.10.2018.
3. The complainant tendered in evidence affidavit Ex.CW1/A; documents Ex.C1 to Ex.C9, Mark CA and closed the evidence on 04.12.2018.
4. We have heard ld. counsel for the complainant and perused the case file carefully and minutely and have also gone through the evidence available on the file.
5. The complainant has come with the plea that as per offer of OPs for seven days six night double package he had deposited Rs.15,000/- through his debit card on 13.04.2018 and before executing any agreement amongst them the OP No.2 had demanded Rs.8500/- in the name of AMC Charges which the complainant had objected to and thereafter refused to avail the said offer. The complainant gave an application (Ex.C3) to Op No.2 for refunding of deposited amount of Rs.15,000/- on dated 13.04.2018 duly received by Op No.2. In the application, the complainant has clearly mentioned that due to personal reason, he does not want to avail the offer but it is strange that the OPs did not refund the deposited amount to the complainant resulting into filing of present complaint. In support of his case the complainant has placed on file his duly sworn affidavit Ex.CW1/A alongwith documents Ex.C1 (Vacation plan and unsigned agreement by the complainant), Ex.C2 (Booking request), Ex.C3 (Application for refunding of amount), Ex.C4 (Legal Notice), Ex.C5, Ex.C6 (postal receipts), Ex.C7 (photo copy of Membership card), Ex.C8 (email regarding refunding of deposited amount), Ex.C9 (Credit card detail of complainant) and mark CA (Approval form). The agreement/vacation plan which is not signed by the complainant, therefore, it cannot be treated as a valid and legal document. Moreover, the pleadings and contentions put forth by the complainant remained unrebutted as the Ops did not join the proceedings of the case and remained exparte.
6. Keeping in view all the facts and circumstances mentioned above, we allow this complaint and direct the opposite parties to refund the deposited amount i.e. Rs.15,000/- alongwith interest @ 8 % per annum from the date of filing of the complaint till its realization and further to pay compensation on account of mental agony, harassment and litigation expenses of Rs.5500/- in lumpsum. Order of this forum be complied within a period of 30 days from the date of receipt of copy of this order. Copy of this order be supplied to both the parties free of cost. File be consigned after due compliance.
Announced.
Dt.21.12.2018.
(Suman Rana) (Rajbir Singh)
Member. Presiding Member.
Present: Shri Puneet Chaudhary, Advocate for complainant.
Opposite parties ex parte.
Remaining arguments heard. Order pronounced, vide our separate order in detail of even date, the present complaint is allowed. File be consigned to record-room after due compliance.
Dated:21.12.2018. Member. Presiding Member.
