Before the District Consumer Disputes Redressal Commission, Room No. 208 2nd Floor, District Administrative Complex, Tarn Taran
Consumer Complaint No : 97 of 2019
Date of Institution : 13.11.2019
Date of Decision : 28.10.2021
Reena w/o Harmandeep Singh resident of Noor Villa, Main Bazaar, Guru Teg Bahadur Nagar District Tarn Taran (UID No. 8188 4695 8038)
…..Complainant
Versus
- Club Destinasia Private Ltd. Reg. Office 1432, 1433 14th Floor Block D & E Chandigarh City Center Zirakpur PIN 140604, through its director,
- Achal Dubey Team Manager of Club Destinasia Private Ltd. Reg Office CDPL 1st Floor, Global Business Park Opposite Matro Mall, Zirakpur Pin 140604,
- Navneet Singh Manager of Club Destinasia Private Ltd. Reg. Office CDPL 1st Floor, Global Business Park Opposite Metro Mall, Zirakpur Pin 140604.
…Opposite Parties
Complaint Under Section 12 and 13 of the Consumer Protection Act, 1986
Quorum: Sh. Charanjit Singh, President
Sh. Jatinder Singh Pannu Member
Ms. Nidhi Verma Member
For Complainant Sh. Gaurav Chopra Advocate
For Opposite Parties Ex Parte
PER:
Charanjit Singh, President
1 The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act, 1986 under Section 12 and 13 against the opposite parties on the allegations that the opposite parties is a company and having their offices at above mentioned address. The opposite party No. 1 runs the business under the name and style “Club Destinasia”. The opposite party approached to the public and offered different type of plans to spend the holidays at inside or outside the country and suggest different places for vacations as per their budget as the opposite party No. 1 has tie up with Hotel/ Resorts/ Villas/ Cottages all over the world and further convince to public to take membership of the company. Prospectus of the said company is attached herewith for kind perusal of this Commission. On 29.9.2019 the opposite parties had approached the complainant and offered the membership of the company and also suggested the complainant to spend the vacations at Shimla. The complainant was convinced by the opposite party and took the membership of company i.e. opposite party No. 1. The same day the complainant had made payment of Rs. 1,22,000/- to the opposite party and receipts of the payment and papers used for offering the plans are attached for the kind perusal of this Commission. The opposite party did not book/ provide hotel as per their plan offered due to which the complainant and her family cancelled the trip of Shimla. Thereafter the complainant on 15.10.2019 had sent an e-mail to the opposite party and made request to the opposite parties for returning the amount and the opposite party had replied vide mail dated 16.10.2019 in which the opposite party had intimated that the membership can only be cancelled within 10 days as per termination clause 10 but at the time of offering the above stated plan no such terms and conditions were communicated to the complainant and above aid condition is highly arbitrary. The complainant has personally visited the respective officers but they have not paid any heed to the genuine request of the complainant. In the light of facts mentioned above a prima facie case is made out against the opposite party and in favour of complainant. The above said facts clearly shows negligence and deficiency in services provided on the part of the opposite party and these act have caused great physical as well as mental agony, harassment and inconvenience to the complainant as well as his family. The complainant has prayed that the opposite parties may be directed to return the amount of Rs. 1,22,000/- alongwith interest at the rate of 1% per annum to the complainant. The complainant has also prayed Rs. 50,000/- as compensation and Rs. 20,000/- as litigation expenses. Alongwith the complaint the complainant has placed on record prospectus of company Ex. C-1, papers used for plan Ex. C-2, Receipts of Bank Ex. C-3, Ex. C-4, Mail dated 15.10.2019 Ex. C-5, Reply of mail dated 16.10.2019 Ex. C-6, Affidavit of Reena Ex. CW1.
2 Notice of this complaint was sent to the opposite parties but no one appeared on behalf of opposite parties and consequently, the opposite parties No. 2 and 3 were proceeded against exparte vide order dated 6.1.2020 and opposite party No. 1 vide order dated 23.11.2020.
3 We have heard the Ld. counsel for the complainant and have also carefully gone through the documents on the file.
4 The complainant has placed on record her affidavit Ex. CW1 and declared that the opposite party approached to the public and offered different type of plans to spend the holidays at inside or outside the country and suggest different places for vacations as per their budget as the opposite party No. 1 has tie up with Hotel/ Resorts/ Villas/ Cottages all over the world and further convince to public to take membership of the company. Prospectus of the said company is Ex. C-1. She further declared that on 29.9.2019, the opposite parties had approached to the complainant and offered the membership of the company and also suggested the complainant to spend the vacations at Shimla. The complainant was convinced by the opposite party and took the membership of company i.e. opposite party No. 1. On the same day the complainant had made payment of Rs. 1,22,000/- to the opposite party and receipts are Ex. C-3 and Ex. C-4 on record. She further declared that the opposite party did not book/ provide hotel as per their plan offered due to which the complainant and her family cancelled the trip of Shimla. Thereafter the complainant on 15.10.2019 had sent an e-mail to the opposite party Ex. C-5 and made request to the opposite parties for returning the amount and the opposite party had replied vide mail dated 16.10.2019 Ex. C-6 in which the opposite party had intimated that the membership can only be cancelled within 10 days as per termination clause 10 but at the time of offering the above stated plan no such terms and conditions were communicated to the complainant and above aid condition is highly arbitrary. The complainant has personally visited the respective officers but they have not paid any heed to the genuine request of the complainant. She prayed that the present complaint may be allowed as prayed for in the complaint.
5 The evidence led by the complainant on the file goes unchallenged and un-rebutted as Opposite Parties are proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Parties and opposite parties did not appear in the Commission in order to contest the complaint which shows that the Opposite Parties have nothing to say upon the allegations leveled against him by the complainant. As such, the complainant is entitled to the relief claimed in the complaint and it stands established on record that the complainant is approaching the opposite parties several times but the opposite parties did not care to resolve the matter, not only committed deficiency in service, but also indulged in an unfair trade practice. The complainant has pleaded that terms and conditions not supplied to him. As such, the terms and conditions not communicated to the complainant and not binding upon the complainant moreover, opposite parties are proceeded exparte, as such, it cannot be proved that whether terms and conditions were supplied to the complainant, if supplied then what was the mode.
6 In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite Parties. The opposite parties are directed to return the amount of Rs. 1,22,000/- to the complainant. The complainant is also entitled to Rs.15,000/- ( Rs. Rs. Fifteen thousand only) as compensation on account of harassment and mental agony and Rs 10,000/- ( Rs. Ten Thousand only) as litigation expenses. Opposite Parties are directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation. Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.
Announced in Open Commission.
28.10.2021
