DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA

C.C.No.73 of 15-04-2021

Decided on : 07.03.2023

Pardeep Kumar advocate S/o Sh. Amrit Kumar, R/o H.No.MCB-Z-6/13104, St.No.13, Gurukul Road, Paras Ram Nagar, Bathinda.

........Complainant

Versus

1. Club Destinasia Pvt. Ltd., 117, 1^st Floor, Global Business Park, Zirakpur-140604- Punjab through its MD/Chairman Sandeep Kumar & Amit Chauhan.

2. Navneet Kumar Singh, Director Sales Manager

3. Vikram Kohli, Direct Sales Manager

4. Achal Dubey, Team Manager C/o Club Destinasia Pvt. Ltd., 117, 1^st Floor, Global Business Park, Zirakpur-140604 ( Punjab).

.......Opposite parties

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM

Sh. Lalit Mohan Dogra, President

Sh. Shivdev Singh, Member

Present :

For the complainant : Sh. Manjit Kumar, Advocate.

For opposite parties : Ex-parte.

ORDER

Lalit Mohan Dogra, President

1. The complainant Pardeep Kumar (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Club Destinasia Pvt. Ltd., and others (here-in-after referred to as opposite parties).

2. Briefly stated, the case of the complainant is that he recieved a telephone call from the authorized repersentative Navneet Kumar Singh in April 2019 and the complainant was told by the caller that the opposite party No.1 is a registered company and use to arrange the tours of different countries and asked the complainant to visit Hotel Melody, Bathinda on 6.7.2019 alongwith wife of the complainant to attend the Seminar arranged by the opposite parties by alluring that the company will provide some tour and travel schemes at a very lesser rates for the tour of different courtiers and also in India. Being allured by the tall claims made by the opposite party No.2, complainant alongwith his wife reached Hotel Melody, Bathinda where the opposite parties induced the complainant and his wife to become member of Club Destinasia by depositing a sum of Rs.55,000/- and to avail different tour and travel packages in India and also in foreign countries. They showed various documents and list of five star hotels on their Laptop. The opposite parties also allured the complainant and his wife that they will provide ID Number to them and then they shall have right to enjoy the tour & travel of different cities and to stay in the five star hotels without payment of any extra charges under the membership. The complainant and his wife were also assured that there are also no other annual charge or annual maintenance charges of their company and the complainant is required to book their tour at least one week prior and the opposite parties will arrange the accommodation in the five star hotel and will confirm the same to the complainant by sending Password for the same.

3. The complainant alleged that being allured by the tall claims made by the opposite parties, the complainant got the membership of the opposite parties by depositing an amount of Rs.55,000/- for five years. The complainant deposited Rs.30,000/- in cash on 27.4.2019 and issued a cheque of Rs.25,000/- on the same day but on the next day i.e. on 28.4.2019. the amount of Rs.25,000/- was also received in cash by the opposite parties and as such the payment of the cheque in question was got stopped and the said cheque of the complainant is still in possession of the opposite parties and was never returned back.

4. It is alleged that thereafter the complainant and his wife planned a trip for Shirdi, Mumbai & Goa and the complainant had a talk about the same with the opposite parties. The opposite parties assured the complainant to arrange accommodation for the complainant and his wife in a Five-Star Hotel at Mumbai and also in Hotel Romada in Goa on 23.6.2019. The complainant bonafidely believed the opposite parties. The complainant and his wife reached Mumbai and then Goa and when they reached Hotels disclosed to the complainant by the opposite parties, they were shocked to know that there was no booking for them rather the concerned hotels refused to provide any accommodation due to which complainant and his wife suffered from grave mental tension, agony, botheration, harassment and were forced to arrange some other suitable accommodation in another Five star Hotels on payment of heavy charges for the same due to the immediate booking of the rooms at the last moment.

5. It is also alleged that after coming back to Bathinda, the complainant contacted the opposite parties and enquired about the unfair trade practices of the opposite parties and gross deficiency in services on part of the opposite parties, but the opposite parties failed to give any satisfactory reply. Thus he requested the opposite parties to refund to the total amount of Rs.55,000/- but the opposite parties did not refund any amount to the complainant despite repeated requests.

6. The complainant also alleged that having no other alternative, he filed an application before SHO, Bathinda and during the course of the investigation, the opposite parties No. 2 to 4 failed to appear before the PO despite issuance of the summons for appearance and now the opposite parties have refunded a sum of Rs.12,000/- to the complainant on 12.9.2020 and assured to refund the balance amount of Rs.43,000/- but continued putting the matter off under one or the other false pretext and ultimately, they have refused to repay any amount to the complainant,

7. On this backdrop of facts, the complainant has prayed for directions to the opposite parties to refund balance amount of Rs.43,000/- and also pay damages/ compensation of Rs.50,000/- on account of mental tension, agony, botheration, harassment and humiliation suffered by the complainant besides Rs. 11,000/- as litigation expenses.

8. Registered A.D. Notice of complaint was sent to the opposite parties, but none appeared on their behalf. As such, exparte proceedings were taken against the opposite parties.

9. In exparte evidence, complainant tendered his affidavit dated 4.2.2021 (Ex. C-1) and the documents (Ex. C-2 & Ex. C-4).

10. We have heard learned counsel for complainant and gone through the file carefully.

11. Perusal of file shows that complainant lodged complaint with the S.H.O., Bathinda, which is Ex. C-2 and copy of statement of account Ex. C-3, as per which cheque issued by complainant of Rs. 25,000/- has been returned back to the complainant. The complainant has also produced on file Membership Details Ex. C-4. The learned counsel for the complainant admitted that the opposite parties have already paid Rs. 12,000/- to the complainant on 12-09-2020 and balance amount of Rs. 43,000/- is still recoverable from the opposite parties. The act on the part of the opposite parties of having promised to secure booking in the hotels to the complainant and thereafter failure to provide booking of the hotels, as promised, clearly amounts to deficiency in service on the part of the opposite parties.

12. Accordingly, complaint is allowed and opposite parties are directed to refund the amount of Rs. 43,000/- to the complainant with interest @ 9% P.A. from the date of filing of complaint i.e. 15-04-2021 till realization.

13. The compliance of this order be made by the opposite parties jointly and severally within 45 days from the date of receipt of copy of order.

14. The complaint could not be decided within the statutory period due to heavy pendency of cases.

15. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

    Announced:-

    07-03-2023

     

    1. (Lalit Mohan Dogra)

    President

     

     

    (Shivdev Singh)

    Member