Chandigarh

DF-II

CC/237/2020

Sheetal - Complainant(s)

Versus

Club Destinasia Pvt. Ltd. - Opp.Party(s)

Satish Mishra & Jagan Nath Bhandari

19 Apr 2023

ORDER

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

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Consumer Complaint  No	:	237 of 2020
Date  of  Institution	:	16.06.2020
Date   of   Decision	:	19.04.2023

 

 

 

 

Sheetal w/o Kamal Mehra, aged 35 years, #676-A, Sector 32-a, Power House, Chandigarh (U.T.), 160030

            …..Complainant

 

Versus

Club Destinasia Pvt. Ltd., through Authorized Representative/Director, Address at 117, 1^st Floor, Global Business Park, Zirakpur, Punjab 140603

   ….. Opposite Party 

 

BEFORE:  MR.AMRINDER SINGH SIDHU       PRESIDENT

                MR.B.M.SHARMA                  MEMBER

                               

Argued by    :  Sh.Jagan Nath Bhandari, Counsel of complainant.

    None for OP (Defence of OP struck off.)

 

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

          The complainant filed present complaint pleading that she purchased one Holiday Package namely Club Destinasia ownership plan for Rs.45000/- from OP Company vide application dated 9.3.2020 (Ann.A-1 colly.).  It is stated that full payment of Rs.45000/- was made to OP in one go by the husband of the complainant through credit card (Ann.A-2).  It is also stated that the OP Company while offering Membership made tall promises to her and showed fancy dreams of visiting exotic locations along world class services amenities, thus the complainant opted their Membership. Thereafter, the complainant through her husband asked the OP to do the holiday booking as her daughter’s birthday was coming next month, but the OP instead raised demand Rs.5000/- more on account of annual maintenance and Rs.999/- to be paid at the time of hotel booking. The complainant resisted this demand of OP as this was not informed or made clear at the time of offering the Membership and therefore, she immediately vide email dated 12.3.2020 requested the OP Company to cancel her the holiday package in question and refund the amount paid. Thereafter, a written request in this regard was also sent to OP on 18.3.2020 followed by reminders, but the OP did not refunded the amount. Hence, this complaint has been preferred alleging the said act & conduct of the OP as deficiency in service and unfair trade practice, which caused loss and harassment to the complainant.  

 

2]      The defence of Opposite Party was struck off vide order dated 27.09.2022 as the OP failed to file written version within the stipulated time.

 

3]      Complainant led evidence in support of her contentions.

 

4]      We have heard the ld.Counsel for the complainant and have gone through the documents on record including written arguments.

 

5]      The perusal of record reveals that Mrs.Ashima, Accounts Executive of OP Company appeared on 24.2.2021 and filed some documents including Ann.-II i.e. copy of email dated 22.2.2021 whereby the OP Company while apologizing to the complainant had agreed to refund the principal amount of Rs.45,000/- to the complainant.  The record also reveals that the present complaint has been filed on 16.6.2020 and the above refund offer was made by OP Company only thereafter on 22.2.2021, so the complainant is entitled for compensation as well.

 

6]      Taking into consideration the above discussion & findings, we are of the considered view that deficiency in service on the part of OP is proved.  Therefore, the present complaint is allowed against Opposite Party. The OP is directed to refund an amount of Rs.45000/- to the complainant along with interest @9% per annum from the date of deposit/payment till its realization and also to pay Rs.10,000/- as compensation on account of causing mental and physical harassment to the complainants and expenses for litigation cost.

        The above said order shall be complied with by the Opposite Party within a period of 60 days from the date of receipt of its copy.

7]      The pending application(s) if any, stands disposed of accordingly.

        The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

19^th April, 2023             

                                                                                      Sd/-                                  (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER