Chandigarh

DF-II

CC/174/2023

ARUNA RANI - Complainant(s)

Versus

CLUB DESTINASIA PVT LTD - Opp.Party(s)

SAHIL SINGLA

05 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	174/2023
Date of Institution	:	21.03.2023
Date of Decision	:	05.06.2023

 

                     

                         

Aruna Rani wife of Sh.Anil Kumar Garg, r/o H.No.1842, Sector 34, Chandigarh

    ...  Complainant.

Versus

Club Destinasia Pvt. Ltd., through its Managing Director, Regd. Office: 117, 1^st Floor, Global Business Park, Zirakpur-140603, Punjab, Email: info@clubdestinasia.com

…. Opposite Party.

BEFORE: 

 

SMT.SURJEET KAUR, PRESIDING MEMBER

SHRI B.M.SHARMA, MEMBER

 

Argued by:-

 

         Sh.Sahil Singla, Adv. for complainant

         OP exparte.

 

PER SURJEET KAUR, PRESIDING MEMBER

1.     Brief facts of the case are as alleged by the complainant are that being allured by the representations/assertions made by the agent of the OP, on 15.01.2020, she took the membership of the OP for the tour packages all over India for 10 years by paying Rs.1,10,000/- (i.e. Rs.10,000/- in cash and the remaining amount through cheque), which was acknowledged by OP vide email (Annexure C-6). The complainant was allotted membership id No.CD/T/10424 vide email 17.01.2020 (Annexure C-7). In the said e-mail, OP mentioned the annual subscription of Rs.7,999/- which was not disclosed at the time of its offer.  In February, 2020, the complainant approached the OP for tour package of Delhi but the OP failed to render its service.  In August, 2021, the complainant again approached the OP for booking of the hotel in Assam but the OP again denied to provide the service despite the fact that the hotels were empaneled with them. It has been alleged that as and when the complainant approached the OP to render the services, the OP failed to do so. Finally, the complainant vide e-mail dated 06.03.2023 (Annexure C-8) requested to the OP to refund the deposited amount with interest but all in vain. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OP, the complainant has filed the instant complaint.
2.     Despite due service through registered post, the OP failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 28.04.2023.
3.     The complainant led evidence by way of affidavit and documents.
4.     We have heard the Counsel for the complainant and gone through the record.
5.     In support of the case, the complainant has tendered her detailed affidavit reiterating the averments as made in the complaint along with the supporting documents (Annexures C-1 to C-8). The sole grievance of the complainant is that despite receipt of Rs.1,10,000/- towards the membership fee, the OP has failed to render the promised as and when she approached. In our opinion, the OP who has failed to render the promised services have no right to retain the hard earned money of the complainant and even they cannot be allowed to keep on enjoying the benefits of the amount deposited by the complainant. The complainant sought refund of the amount only after facing a lot of inconvenience and embarrassment due to the act and conduct of the OP. It is not the first time that such a consumer has approached this Commission after facing harassment at the hands of OP (or such like service providers) who initially while selling their product paint very rosy pictures about their product/services, but, subsequently fail to comply with the same and when such a consumer, feeling harassed and cheated, approach them for refund, they under the garb of some agreement or otherwise refuse to do so.
6.     In order to rebut the allegations of the complainant, it was imperative for the OP to file its written reply along with some cogent evidence. However, what to talk of rebutting the allegations, the OP did not put in appearance before this Commission and chose to be proceeded against ex-parte. This act of the OP draws an adverse inference against it and proves that it has nothing to say in its defence qua the allegations made by the complainant. Hence, in the absence of anything to the contrary, the allegations of the complainant go unrebutted and uncontroverted. Hence, the OP is proved to have indulged in deficiency in service as it failed to provide the promised services and refund the amount.
7.         In view of above discussion, present consumer complaint succeeds and the same is accordingly partly allowed. The OP directed as under :-

1. to cancel the membership of the complainant and refund the amount of Rs.1,10,000/- along with interest @9% per annum w.e.f. 16.01.2020 till its realization;
2. to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹7,000/- to the complainant as costs of litigation.

8.           This order be complied with by the OP within 45 from the date of receipt of its certified copy, failing which the amount at Sr.No.(i) and (ii) shall carry interest @ 12% per annum from the date of this order till its actual payment besides litigation expenses.
9.     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced 05/06/2023
	Sd/- (SURJEET KAUR) PRESIDING MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER