Delhi

East Delhi

CC/898/2015

RAVI CHAWLA - Complainant(s)

Versus

AWESOME HOLIDAY - Opp.Party(s)

10 May 2019

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.           898/2015

                                                                                                  Date of Institution                   09/12/2015

                                                                                                  Order Reserved on                  10/05/2019

                                                                                                  Date of Order                           15/05/2019                                                                                                          

In matter of

Mr. Ravi Chawla  

s/o a-58/95 SFS Flats Fate no. 3

Paschim Vihar New Delhi ……………………....…………….Complainant

 

                                                                   Vs

AWESOME Holidays  

Off.- 1^st Floor Community Centre

East of Kailash  New Delhi 110065 ……………………..….Opponent

 

Complainant’s Advocate     Mr Rajesh Sharma

Opponent                              Ex Parte

 

Quorum                                 Shri Sukhdev Singh                  President

                                                Dr P N Tiwari                             Member

                                                Mrs  Harpreet Kaur                  Member               

 

 Order by   Dr P N Tiwari    Member                    

Brief Facts of the case                                   

This complaint has been filed by the complainant under section 12 of C P Act, 1986 r/w sub section 2(1)(g) for deficiency in services against OP dealing under commercial business of providing enjoyment trips to their customers by giving Membership.

The complainant after receiving Welcome call from OP offering 5years plan for enjoying holidays any where complainant wishes to go. The plan would be           renewable for every year. OP after negotiation offered Rs 60,000/-as membership fee for five years. Complainant paid membership fee vide receipt no. 1816 (ExCW1/1) and got approval form (Ex CW1/2) Complainant also received welcome letter from OP (Ex CW1/3) with membership no. AHPL1095 (Ex CW1/4).

It was stated that complainant tried to contact OP for availing vacations, but OP did not respond so sent number of emails for availing holidays, but no reply was received. Seeing apathy towards services to be offered to complainant, sent legal notice (Ex CW1/5) for refund of membership fee, but did not get any reply so filed this complaint for refund of his membership fee Rs 60,000/- with 18% interest from the date of deposit of fee to OP with Rs 30,000/- compensation for harassment and mental agony and litigation fee Rs 5,000/-.  

Even after receiving notice, OP did not put appearance so proceeded Ex-Parte. Complainant filed Ex-Parte evidences on affidavit. Evidences were not controverted so presumed to be correct.

Arguments heard from counsel of complainant and after perusing facts and evidences in complaint, order was reserved.  

We have seen that complainant had paid amount Rs 60,000/-and taken five years membership from OP, but did not offer any service or gave holiday offer to the complainant which certainly falls under deficiency in services. Hence complainant has proved deficiency of OP. As OP were Ex Parte and evidences on affidavit were not controverted, we allow complaint and pass the following order-

1. OP will refund Rs 60,000/- as membership fee paid with  interest 9% percent per annum within 30 days from the date of filing of complaint.  
2. We also award compensation for harassment Rs 30,000/-for mental agony and financial loss.
3. We also award Rs 2000/- as litigation charges.
4. If awarded amount is not paid in stipulated time, complainant shall be entitled to recover entire awarded amount (Rs 60,000 + 30,000 + 2000 = Rs 92,000/-) on same interest till paid.

The first free copy of this order be sent to the parties as per regulations and file be consigned to the record room.

 

(Dr) P N Tiwari Member                                                                               Mrs Harpreet Kaur Member                                                             

                                                  Shri Sukhdev Singh President