Chandigarh

DF-II

CC/227/2023

PRANAY BARAPATRE - Complainant(s)

Versus

CLUB PRIDEEO THROUGH IT'S MD - Opp.Party(s)

11 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	227/2023
Date of Institution	:	19.04.2023
Date of Decision	:	11.07.2023

 

                                       

                                               

Pranay Barapatre, H.No.2106, Sector 35-C, Chandigarh

        ...  Complainant.

Versus

M/s Club Prideeo through its Managing Director, Venture of Medikriti Tours India Pvt. Ltd., Plot No.3, 3^rd Floor, Guru Nanak Market, Lajpat Nagar IV, New Delhi-110024, email:info@clubprideeo.com

…. Opposite Party.

BEFORE:  

SMT.SURJEET KAUR, PRESIDING MEMBER

SHRI B.M.SHARMA, MEMBER

 

Argued by:-

                Complainant in person.

                OP exparte.

 

PER SURJEET KAUR, PRESIDING MEMBER

1.         Brief facts of the case are as alleged by the complainant are that  he booked holiday membership for himself, his wife and daughter organized by the OP at Hotel Pelican, Chandigarh on 21.02.2022 by paying a sum of Rs.45,000/- against receipt C-1.The said membership was valid for 6 years under which the OP was to provide accommodation to the complainant and his family members in 5 star hotels for 6 Nights-7 days in a year for next 6 years.  The OP failed to provide the membership kit to the complainant on one or other pretext. However, when the complainant tried to avail the said offer, the OP refused to provide the booking in a 5 star hotel. The OP also refused to honour other commitments as promised.  The OP assured the complainant that the aforesaid amount of Rs.45,000/- shall be converted to EMIs.  On the persistent requests of the complainant, the OP refunded 50% of the amount in October, 2022 and promised to refund the remaining in November, 2022 but the same has not refunded so far. Alleging that the aforesaid acts of omission and commission on the part of the OP amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint against the OP.
2.         Notice sent for the service of the Opposite Party was received back with the report of refusal. Since refusal was good service, and none appeared on behalf of the Opposite Party on the date fixed, therefore vide order dated 19.05.2023, it was proceeded against exparte. 
3.         We have heard the complainant in person and gone through the record.  
4.         The complainant has tendered his duly sworn affidavit alongwith the supporting documents in support of his case. From the e-mails exchanged between the parties, it is evident that the OP had agreed to refund the deposited amount i.e. Rs.44,500/- to the complainant and out of the aforesaid amount, only a sum of Rs.22,500/- has been transferred into the account of the complainant  by the OP and the remaining amount has not been refunded despite its promises, which itself amounts to deficiency in service as well as unfair trade practice on the part of the OP. In our considered view, the OP who failed to adhere to its promises has no right to retain the hard earned money of the members.
5.         Moreover, the OP did not appear to contest the case and preferred to proceed against ex-parte. Non-appearance of the OP shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted & un-controverted.
6.         In view of the above discussion, the present complaint deserves to be partly allowed and the same is accordingly partly allowed. The opposite parties are directed to :-

i)      refund the remaining amount of Rs.22,500/- to the complainant along with interest @ 9% p.a. from the date of its receipt i.e. 21.02.2022 till its actual realization.

ii)     pay Rs.2500/- as compensation to the complainant on account of mental tension and harassment.

iii)    pay Rs.7,000/- as litigation expenses.

7.      This order be complied with by the OP within 45 days from the date of receipt of its certified copy, failing which the OP shall also be liable to pay additional cost of Rs.2500/- to the complainant over and above the awarded amounts.
8.     The pending application(s) if any, stands disposed of accordingly.
9.         Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Sd/-                                  sd/-

Announced	(B.M.SHARMA)		(SURJEET KAUR)
11.07.2023	MEMBER		PRESIDING MEMBER