Chandigarh

DF-II

CC/52/2019

Paramjeet Kaur - Complainant(s)

Versus

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

Arun Chandra Adv.

30 Apr 2019

ORDER

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

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Consumer Complaint  No	:	52 of 2019
Date  of  Institution	:	31.01.2019
Date   of   Decision	:	30.04.2019

 

 

 

 

Paramjeet Kaur wife of Dr.Surjeet Singh Toor son of late S.Nand Singh, resident of House No.1102, Sector 37-B, Chandigarh through her power of attorney Dr.Surjeet Singh Toor  

             …..Complainant

Versus

1]  Club Resorto Hospitality Ltd.,425, 4^th floor, Qutub Plaza, DLF Phase-I, Gurgaon 122002 through Sh.Ajay Sagar, A.G.M. Member Relations.

2]  Sh.Sonam C/o Club Resorto Hospitality Ltd., 425, 4^th floor, Qutub Plaza, DLF Phase-I, Gurgaon.

3]  Nandini c/o Club Resorto Hospitality Ltd., 425, 4^th Floor, Qutub Plaza, DLF Phase-I, Gurgaon.  

        ….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

SMT.PRITI MALHOTRA        MEMBER

            SH.RAVINDER SINGH         MEMBER

 

Argued By:  Sh.Arun Chandra, Adv. for complainant.

 Opposite Parties exparte. 

 

  

PER PRITI MALHOTRA, MEMBER

 

                                Briefly stated, as alleged, the complainant being allured by the assurances given by Officials of Opposite Party with regard to providing of holiday accommodations, accepted their Membership and paid a sum of Rs.1,10,000/- i.e. Rs.55,000/- vide Cheque No.000024, dated 12.9.2018 & Rs.50,000/- vide Cheque No.000025, dated 14.9.2018 both of HDFC Bank and Rs.5000/- in cash on 11.9.2018. Accordingly, the OPs issued certificate dated 19.9.2018 (Ann.C-3).  It is averred that the complainant received the membership of OPs on 11.9.2018 and in lieu of that the Opposite Party No.1 issued Approval Form along with terms & conditions dated 12.9.2018 to the complainant (Ann.C-4).  It is also averred that even the two gift vouchers dated 18.9.2018 in the name of Dr.Surjeet Singh Toor, husband of the complainant and another gift voucher dated 12.9.2018 in the name of complainant, were issued by OP No.1  (Ann.C-5 & C-6). 

         It is submitted that the complainant made number of requests to OPs for making reservations of Holiday Destinations for 27^th & 28^th Oct., 2018 at Ramshahar Fort for her marriage anniversary and also made requests for 23^rd, 24^th & 25^th November, 2018 for making reservation at Jaipur &  for 26^th & 27^th November, 2018 at Udaipur, which were never confirmed by the Opposite Parties nor any response was given by them.  Therefore, being unsatisfied with the OPs, the complainant made request to OPs through email dated 21.10.2018 for cancellation of her membership and refund of amount, but that too was not replied.  Then the complainant sent legal notice to OPs on 4.1.2019, but to no avail.  Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of Opposite Parties.

 

2]       The notice of the complaint was sent to the Opposite Parties, but despite service of notice, they did not turn up, hence proceeded exparte vide order dated 18.3.2019

 

3]       Complainant led evidence in support of her contentions.

 

4]       We have heard the ld.Counsel for the complainant and have also perused the entire record.

 

5]       The whole evidence place on record by the complainant corroborates the assertions set out in the present complaint.  Ann.C-3 is the Certificate dated 19.9.2018 regarding membership of the complainant having ID No.CRPB:1077.  Ann.C-4 is the approval form along with terms & conditions thereof issued by Opposite Parties and duly signed by the complainant.  Ann.C-5 & C-6 are the copies of gift vouchers issued by Opposite Parties for 2 Night/3 Days accommodation only for 2 adults & 2 children issued in the name of Mr.Surjeet Singh, husband of the complainant and complainant herself respectively. The correspondences placed on record reveals that when for first time the complainant opted to avail their services under the membership contract found that all the representations made at the time of availing the membership in question turned out to be fake. The correspondences so referred also reveals that the complainant before filing the present complaint duly challenged their misrepresentation and opted for the cancellation of the membership.  Also the complainant put in earnest efforts to get the refund of her hard earned money paid as membership fee. Despite the request made by the complainant, no initiative was taken up by the Opposite Parties to refund the amount in dispute even though no services have been availed by her from the Opposite Party.  It is opined that the gullible consumers have been trapped by them by making lucrative offers made with an intention not to fulfill the same.

 

6]       In our considered opinion, the complainant has very well established her case against the Opposite Parties, who in turn failed to come present to counter the allegations of the complainant despite having been duly served.

 

7]       The complainant has not only proved her case by way of corroborative evidence, but also filed duly sworn affidavit in support of the allegations set-out in the complaint.  All the pleas of the complainant has gone unrebutted and unchallenged in the absence of the OPs. The averments/allegations are duly proved on record, which establish the deficiency as well as unfair trade practice on the part of the OPs. In this view of the matter, the complaint deserves to be allowed. Accordingly, the present complaint is allowed against Opposite Party No.1 with following directions:-

1. To refund an amount of Rs.1,10,000/- to the complainant;
2. To pay an amount of Rs.15,000/- as compensation for causing mental & physical harassment to the complainant on account of deficient act coupled with unfair trade practice on its part;
3. To pay an amount of Rs.8000/- towards litigation expenses;

 

         This order shall be complied with by the Opposite Party No.1 within a period of 30 days from the date of receipt of its certified copy, failing which it shall be liable to pay additional compensatory cost of Rs.10,000/- apart from above relief.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

30^th April, 2019                      

                                                                             Sd/-             (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

                                                                    (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER