Chandigarh

DF-II

CC/1017/2016

Mr. Harpal Singh - Complainant(s)

Versus

Chairman, Jukaso Resorts Pvt. Ltd., - Opp.Party(s)

Abhinandan Pandhi Adv. & Ashutosh Aggarwal Adv.

28 Apr 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

 

Consumer Complaint  No	:	1017 of 2016
Date  of  Institution	:	15.12.2016
Date   of   Decision	:	28.04.2017

 

 

 

 

Mr.Harpal Singh, resident of House No.1019, Saini Vihar, Phase-3, Baltana, District Mohali.     

 

            Complainant

Versus

 

1]  Chairman, Jukaso Resorts Pvt. Ltd., Corporate Office: I.T. Composite Towers, Plot No.1, I.D.C., Mehrauli Road, Gurgaon (Haryana).

2]  Jukaso Resorts Pvt. Ltd., SCO 222-223, Third Floor, Sector 34-A, Chandigarh through its Team Manager Mr.Gagan Ghai.

3]  Jukaso Resorts Pvt. Ltd., SCO 6-7, Second Floor, Sector 8-C, Chandigarh through its Manager.

 

    Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

MRS.PRITI MALHOTRA        MEMBER

                   SH.RAVINDER SINGH         MEMBER

        

Argued By: Sh.Abhinandan Pandhi, Counsel for complainant.

None for OPs.

 

PER RAJAN DEWAN, PRESIDENT

 

         The facts in issue are that the complainant, being allured by the officials of OPs, became their member vide Member Ship ID as MID B0200364 (Ann.C-1) and made payment of Rs.18,600/- to them. It is averred that on the same day i.e. 27.10.2013, after documentation work, the officials of the OPs provided Gift Certificate to the complainant offering him 2 nights/3 days free stay with Breakfast at a Jukaso Resorts Pvt. Ltd.  It is also averred that the officials of OPs also assured the complainant that a Welcome Kit containing welcome letter, Food Vouchers of Rs.5000/-, Certificate of Membership and Membership Card, details including the payment schedule as well as the benefits/incentives promised will be delivered to the complainant within two to three days. However, the complainant did not receive any Welcome Kit and various incentives to be provided, as agreed.  The complainant sent many reminders including e-mails (Ann.C-3 colly.) to the OPs requesting them to do the needful as promised, but they did not pay any heed.  Ultimately, the complainant requested the Opposite Parties for refund of the amount of Rs.18,600/-, but they did not pay.  Then, the complainant sent a legal notice to the OPs, but to no avail. Hence, this complaint has been filed alleging the said act of OPs as deficiency in service and unfair trade practice.

 

2]       The OPs have filed joint reply stating that the complainant has singed the membership form on 27.10.2013 with down payment of Rs.18,600/- and signed the membership agreement with Opposite Party and opted for membership package costing Rs.1,24,000/- and the balance was to be paid in 36 equated monthly installments (EMI).   It is stated that once the membership I.D. has been generated and issued to the complainant, then the complainant is at liberty to avail the services of the Opposite Parties by booking reservation in the hotels/resorts of the Opposite Party No.1.  It is denied that the officials of the OPs assured the complainant that a welcome kit containing  welcome letter, Food Vouchers of Rs.5000/-, Certificate of Membership and Membership Card etc. will be delivered to the complainant soon within two to three days.  It is submitted that the complainant has not mentioned at which date month or year, he sought cancellation of membership, whether it was telephonically cancelled or by written application. It is also submitted that the complainant never applied for the reservation of the properties of the Opposite Party No.1 and in a mail i.e. 23.3.2015 has written for cancellation of the membership on the official website of the company. Pleading no deficiency in service and denying rest of the allegations, it is prayed that the complaint be dismissed.  

 

3]       The complainant also filed rejoinder reiterating contentions as raised in the complaint.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the complainant and have carefully examined the facts and pleadings along with entire evidence on record.

 

6]       The complainant took membership of M/s Jukaso Resorts on 27.10.2013 on payment of Rs.18,600/-.  The OPs, as agreed, have to provide welcome kit containing welcome letter, food vouchers of Rs.5000/-, certificate of membership and membership card along with complete details about benefits/incentives for the membership in few days from the date of enrolment on 27.10.2013, but failed to provide the same to the complainant.  The OPs have not performed their part of the contract as agreed to and hence guilty of breach of trust. 

 

7]       The complainant has requested the OPs for cancellation of membership and return of Rs.18,600/- but in vain.  The complainant continuously following up the matter vide mails (Ann.C-3) for refund of his amount, but the OPs have not paid back the amount so far. 

 

8]       The complainant has not availed any service from the OPs since 27.10.2013 and as such, the OPs cannot usurp the money and are liable to pay the same to the complainant. 

 

9]       Keeping in view, the above facts, the complaint is allowed and OPs are directed to refund the amount of Rs.18,600/- to the complainant within 30 days from the date of receipt of coy of this order. 

         In case of failure of compliance of this order within the given time, the OPs shall have to pay additional compensatory cost of Rs.5000/- to the complainant along with the awarded amount of Rs.18,600/-.

         Copy of this order be forwarded to the parties and file be consigned to record room.   

Announced

28^th April, 2017                                                                                                                                                              Sd/-

 (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

 

Sd/-

(RAVINDER SINGH)

MEMBER