Orissa

Jharsuguda

CC/16/2020

Mrs. Tapaswini Nayak W/O- Kali Prasad Naik - Complainant(s)

Versus

Branch Manaager BIG BAZAR,Jharsuguda, - Opp.Party(s)

Self

22 Feb 2023

ORDER

`DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JHARSUGUDA

                                                           ****************

                                         CONSUMER CASE NO.16/2020

Tapaswini Nayak,

W/o- Kali Prasad Nayak,

At: Flat No.401, Vedanta Toiwnship,

Po/Ps- Badmal

Dist.- Jharsuguda, Odisha…….……………….…….…………Complainant.

                                                 

                                  Versus

1. Branch Manager,

Big Bazar, Jharsuguda,

At- Near Monmohan M.E School,

Po/Ps/Dist- Jharsuguda, Odisha

 

2. Royal Club International,

B-135, 2^nd floor, Sector-2,

Noida,(U.P)-201301…………………………….....…....……..Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                              Self.

For the Opp. Party                                 Ex-parte

 

Present:-     1. Smt. Jigeesha Mishra, President.

                     2. Smt. Anju Agarwal, Member.

 

Date of hearing- 11.01.2023                                        Date of order- 22.02.2023

 

Presented by, Smt. Anju Agarwal, Member: -

 

1.The case of the complainant is that the op.no 1 has organized a meeting at Hotel Micro Continental, Beheramal on Dt. 23/11/2019 to the selected persons/purchasers of Big Bazaar and the complainant was communicated via mobile phone to attend the said meeting with her husband. In the meeting representative of Opposite Party No 2 Royal Club International, told that the Opposite Party No 2 is carrying business of/occupation to supply the Apartment type/Resorts/Hotels to the selected persons and to bear all the costs of staying period in that place for 7 days in a year and 21 days in 3 years within India. That, the complainant give her consent to travel for 21 days and deposited Rs. 66,000 (Sixty six Thousand) and paid the same to Opposite Party No 2 on Credit Card of SBI on Dt.23/11/2019 and accordingly the Opposite Party No 2 send a Gold Advantage Card Vide RTI No .0016303 valid up to 11/2022. When the complainant informed the Opposite Party No 2 to book the Hotel at Rajasthan from Dt. 8/3/2020 to 15/3/2020 but the Opposite Party No 2 denied to book the hotel unless Rs. 7,000(Seven Thousand) towards AMC charges is paid. The complainant denied to pay Rs. 7,000(Seven Thousand) and told the Opposite Party  No 2 to refund the deposited amount .The Opposite Party  No 2 denied to refund the said amount on the ground that the deposited amount of Rs, 66,000 ( Sixty six Thousand) is non-refundable. The ops have committed deficiency of service in this matter and hence, the complaint petition is filed.

2. Notices were sent to the opposite parties but none of them appeared before this commission and hence set Ex Parte.

 3. On Dt.23/11/2019, when the complainant was informed by the Opposite Party No 1 that a meeting is organized at Hotel Micro Continental, Beheramal to the selected persons/purchasers of Big Bazaar, the Complainant went to the said venue and was lured by the attractive holiday package given by the Opposite Party No 2. The complainant deposited Rs. 66,000 (Sixty six Thousand) towards Royals Timeshare India, Ghaziabad, UP on Dt.23/11/2019 on Credit Card of SBI and accordingly the Opposite Party No 2 after receipt of the said amount issued a Membership Certificate Vide Membership Number RTI No .0016303 in the name of the complainant valid up to 11/2022. When the complainant informed the Opposite Party No 2 to book the Hotel at Rajasthan from Dt. 8/3/2020 to 15/3/2020 but the op .no 2 denied to book the hotel unless Rs. 7,000(Seven Thousand) towards AMC charges is paid but The complainant denied to pay Rs. 7,000(Seven Thousand) and told the Opposite Party No 2 to refund the deposited amount. The Opposite Party No 2 refused to refund the said deposited amount on the ground that the amount is nonrefundable. A Grievance was made to the said Opposite Party No 2 but they did not solve the issue. It is very important to note here that companies like Opposite Party No 2 is luring customers through various attractive schemes. However, when the time comes to fulfill the said promises, they fail to comply the same. When a consumer, being harassed approach the same, they refuse to do so. The Opposite Party No 1 cannot be liable to refund the deposited amount to the complainant and also pay compensation for the inconvenience caused to the complainant.                                                                                                                                      

4. In view of the above discussion, the complaint petition succeeds and accordingly it is ordered.

                                                         ORDER

The consumer complaint is allowed ex parte against Opposite Party No 2 and dismissed against Opposite Party No 1.The Opposite Party No 2 is directed to refund the amount of Rs. 66,000(Sixty six Thousand) only along with 9% interest P.A from the date of issue of the membership card i.e. 23/11/2019 till realization to the complainant. The Opposite Party No 2 is directed to pay Rs.10, 000(Ten Thousand) only towards compensation for mental agony and Rs.2, 000 (Two Thousand) towards litigation expenses to the complainant within one month of this order. Failing which the entire order will carry 12% Interest P.A till realization.

Order pronounced in open court on 22^nd February, 2023. Supply free copies to the parties.

   I Agree         

            J. Mishra, President.                                         A. Agarwal, Member                             

                                 Dictated and corrected by me

 

                                       A.  Agarwal, Member