Chandigarh

DF-II

CC/288/2022

Kuldeep Kaur - Complainant(s)

Versus

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

Adv. Neeraj Januha

25 Sep 2023

ORDER

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

Consumer Complaint  No	:	288 of 2022
Date  of  Institution	:	24.03.2022
Date   of   Decision	:	25.09.2023

 

 

 

 

Kuldeep Kaur w/o Narinder Singh, R/o House No.240, Sector 23-A, Chandigarh

             …..Complainant

Versus

1]  Club Destnasia Pvt. Ltd., First Floor, Space No.117, Global Business Park, Zirakpur, through its Manager Sabya

2]  Sandeep Kumar, Director, Club Destnasia Pvt. Ltd., First Floor, Space No.117, Global Business Park, Zirakpur.

3]  Amit Chauhan, Director, Club Destnasia Pvt. Ltd., First Floor, Space No.117, Global Business Park, Zirakpur.

    ….. Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

         MR.S.K.SARDANA                 MEMBER

                                                        

 

Present :   Sh.Neeraj Januha, Counsel for the complainant

OPs No.1 to 3 exparte.

 

 

PER S. K. SARDANA,  MEMBER

 

        The case of the complainant precisely is that believing the assurances & promises of the OPs about providing Banquet Halls, Community Centre, free hotel accommodation, she took Membership of OPs and paid an amount of Rs.71,500/- on 22.8.2021 through her SBI Card (Ann.C-1 & C-2). Later on, when complainant requested the OP Company to provide Hotel accommodation at Shimla where she planned to visit, they failed to provide it and ignored her request.  Accordingly, the complainant sent cancellation request to the OPs with a prayer for refund of amount on 02.10.2021 (Ann.C-4), whereupon the OPs refund only an amount of Rs.16,981/- despite enjoying her amount of Rs.71,500/- for 6 months  (Ann.C-5). Thereafter, the complainant visit the office of OPs a number of time with a request to refund the entire amount, but they did not pay any heed. Hence, this complaint has been preferred alleging the said act & conduct of the OPs as deficiency in service and unfair trade practice.

 

2]      The Opposite Parties did not turn up despite service of notice, hence the OPs were proceeded exparte vide order dated 17.02.2023.

3]      The complainant led evidence in support of his contentions.

 

4]       We have heard the ld.Counsel for the complainant and thoroughly perused entire evidence & documents on record including written arguments.   

 

5]       The Membership taken by complainant, payment made to OPs as well as cancellation request is proved from documents on record vide Ann.C-1 to C-4.  The complainant in written arguments admitted to have received a total sum of Rs.50,943/- against the payment of Rs.71,500/- and prayed for the balance amount of Rs.20,557/- with interest.  The assertions of the complainant as made in the complaint have gone unrebutted & uncontroverted as the OPs have failed to appear to contradict the same, which raised a reasonable presumption that the OPs have admitted the claim of the complainant and as such the deficiency in service and unfair trade practice has been proved on the part of the OPs.

 

7]       Taking into consideration the above discussion and findings, the present complaint stands allowed with direction to the Opposite Parties to refund the balance amount of Rs.20,557/- to the complainant along with lumpsum compensation amount of Rs.10,000/- as compensation for deficient services and indulging in unfair trade practice, which also includes litigation cost as well.

         This order shall be complied with by the OP within a period of 45 days from the date of receipt of copy of this order.

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

Announced                                                     

25.09.2023                                                                       sd/- 

(AMRINDER SINGH SIDHU

PRESIDENT

 

 

Sd/-

(S.K.SARDANA)

MEMBER