Punjab

Sangrur

CC/38/2019

Arun Goyal - Complainant(s)

Versus

Club Resorto Hospitality Ltd. - Opp.Party(s)

Sh.Amit Goyal

22 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                               

                                                Complaint No.  38

                                                Instituted on:    31.01.2019

                                                Decided on:       22.04.2019

 

Arun Goyal S/o Sh. Ramesh Goyal, R/O House No.A-126, Guru Nanak Colony, Sangrur.

                                                                ..Complainant

                                Versus

Club Resorto Hospitality Ltd. 425, IVth Floor, Qutab Plaza, DLF Phase-I, Gurgaon through its Managing Director.

                                                        …Opposite party

 

For the complainant  :       Shri Amit Goyal, Advocate.

For Opposite party   :       Exparte.

 

Quorum:   Vinod Kumar Gulati, Presiding Member

                 Manisha, Member

Order by : Vinod Kumar Gulati, Member.

 

1.             Shri Arun Kumar, complainant (referred to as complainant in short) has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that on 26.4.2018 at Hotel 6, Zirakpur, representative of the OP, namely, Manav contacted the complainant and offered membership of club and paid Rs.50,000/-  (in three entries i.e. Rs.10,000/-, Rs.15,000/- and Rs.25,000/-) to the OP through debit card from his account maintained in Yes Bank branch Sangrur in favour of the OP.  It is further stated that at that time it was told by the representative of the OP to the complainant that in case he does not want to continue with the membership then has the option to get the same cancelled within 15 days.   Further case of the complainant is that on 29.4.2018, the complainant sent an email to the OP requesting for the cancellation of the membership and requested for the refund of the amount of Rs.50,000/-, but the amount was not refunded.  Thereafter the complainant sent so many emails to the OP, but all in vain. Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to pay to the complainant the amount of Rs.50,000/- along with interest @ 9% per annum from the date of deposit i.e. 26.4.2018 till realisation and further claimed compensation of Rs.40,000/- on account of mental agony and harassment and Rs.7500/- on account of litigation expenses.

 

2.             Record shows that the OP did not appear despite service, as such, it was proceeded against exparte on 20.03.2019.

 

3.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-11 copies of documents and affidavit and closed evidence.

 

4.             We have carefully perused the complaint, and heard the arguments of the learned counsel for the complainant. In our opinion, the complaint merits acceptance, for these reasons.

       

5.             After bare perusal of the complaint as well as evidence produced on record and hearing the arguments advanced by the learned counsel for the complainant, we find that it is an admitted fact between the parties that the complainant paid an amount of Rs.50,000/- to the OP as is evident from the copies of receipts Ex.C-3, Ex.C-4 and Ex.C-5. Further Ex.C-11  is the copy of email sent by the OP to the complainant, which clearly reveals that the complainant took membership of the OP, but later on the complainant requested the Op for cancellation of the membership and sought refund of the so  deposited amount with the OP i.e. Rs.50,000/-, but the OP did not refund the same without assigning any reason.  It is further worth mentioning that the OP chose to remain exparte and did not appear to contest the case.  In the circumstances, we feel that the ends of justice would be met if the OP is directed to refund to the complainant the so deposited amount of Rs.50,000/-.   

 

6.             In view of our above discussion, we allow the complaint and direct the OP to refund to the complainant an amount of Rs.50,000/- along with interest @ 9% per annum from the date of filing of the present complaint i.e. 31.01.2019 till its realisation.  OP is also directed to pay to the complainant an amount of Rs.15,000/- in lieu of consolidated amount of compensation for mental tension and harassment and litigation expenses.

 

7.             This order of ours be complied with within a period of thirty days of its communication. A copy of this order be issued to the parties free of cost. File be consigned to records.

                        Pronounced.

                        April 22, 2019.

                                                                               

                                                        (Vinod Kumar Gulati)   

                                                         Presiding  Member

 

 

 

                                                                (Manisha)                

                                                                   Member