Chandigarh

DF-II

CC/277/2021

Smt. Mohinder Kaur - Complainant(s)

Versus

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

Adv. Jatin Sahrawat & Sapna Sahrawat

30 Jun 2022

ORDER

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

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Consumer Complaint  No	:	277 of 2021
Date  of  Institution	:	29.04.2021
Date   of   Decision	:	30.06.2022

 

 

 

 

Mohinder Kaur wife of Sh.anil Kumar Rajput, Resident of House No.3049, Tribune Colony, Sector 29, Chandigarh.

             …..Complainant

Versus

1]  Club Destinatia Pvt. Ltd., through its Managing Director, Off. No.117, 1^st Floor, Global Business Park, Zirakpur, District SAS Nagar, Mohali, Punjab 140603.

2]  Sabya Negi, Member Relation Department, Club Destinatia Pvt. Ltd.,    Off. No.117, 1^st Floor, Global Bu siness Park, Zirakpur, District SAS Nagar, Mohali, Punjab 140603.

    ….. Opposite Parties 

 

BEFORE:  SH.S.K.SARDANA       PRESIDING MEMBER

         SH.B.M.SHARMA                     MEMBER 

                                                        

 

 

Argued by :-  Sh.Jatin Sahrawat, Adv. for complainant.

 Opposite Parties exparte

 

 

PER B.M.SHARMA, MEMBER

 

         Briefly stated, the complainant being allured by the false offer & promises made by Official of OPs regarding Holiday Packages provided by their company, took the membership of OP Company for 5 years and made part payment of Rs.75,000/- to OP through cash as well Credit Card of her husband on 25.11.2020.  It is stated that at the time when the membership of OPs was taken, it was informed by the Official of OP No.1 that the plan will be for five years and every year 4 night and 5 days stay will be free and also there is an Annual Subscription Charges (ASF) of Rs.5499/- per year.  However, on 28.11.2020, when the Welcome Email was received at the email id of husband of the complainant, OP No.1 was requested to cancel the booking and refund the amount, followed by several reminders.  Thereafter, the OPs refunded part amount of Rs.22,500/- to the complainant that too after taking a security cheque of that amount but did not refund the balance amount of Rs.52,500/-.  It is stated that the complainant kept on requesting the OPs to refund the balance amount, but to no avail. Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of OPs.

 

2]       OPs No.1 & 2 did not turn up despite service of notice, hence they were proceeded exparte vide order dated 6.5.2022.

3]       Complainant led evidence in support of her contention.

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

5]       Perusal of the record reveals that the complainant took Membership of OP Company and received Welcome Letter from it on 28.11.2020 through email. It is also proved that the complainant on the date of receipt of Welcome Letter i.e. 28.11.2020 made request to the OP Company on that very day for cancellation of his membership/booking and refund of amount.  It is stated that the OP Company refunded only part payment of Rs.22,500/- to the complainant, but did not refund balance amount of Rs.52,500/-.

6]       The assertions of the complainant supported by duly sworn affidavit prove the present case, which have gone unrebutted. In our opinion, the OP Company should have refunded the entire amount to the complainant when she made request as she did not avail any of its service. Therefore, the deficiency in service as well as unfair trade practice on the part of the OP Company is proved.  Hence, the present complaint of the Complainant deserves to succeed against the Opposite Party No.1 and the same is accordingly allowed. The Opposite Party No.1 is directed to refund the balance amount of Rs.52,500/- to the Complainant and also to pay compository amount of Rs.15,000/- towards compensation and litigation expenses.

         The above said order shall be complied with by the Opposite Party No.1 within a period of 45 days from the date of receipt of its copy, failing which they shall be liable to pay additional cost of Rs.5000/- apart from above relief.

        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced                                                     

30^th June, 2022                                                         Sd/-

(S. K. SARDANA)

PRESIDING MEMBER

 

 

Sd/-

 (B. M. SHARMA)

MEMBER