Haryana

Panchkula

CC/130/2018

JITENDRA JAIN. - Complainant(s)

Versus

COUNTRY CLUB HOSPITALITY & HOLIDAYS LTD. - Opp.Party(s)

PANKAJ KHULLAR

28 May 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PANCHKULA.                                              

Complaint Case No.	:	130 of 2018
Date of Institution	:	24.07.2018
Date of Decision	:	28.05.2019

 

 

 

 

 

 

1.         Jitendra Jain S/o Sh.M.P.Jain, R/o # 56, Shagun Apartment, near Hotel Shagun, Kalka-Zrk Road, Zirakpur, Mohali, Punjab-140603.

2.         Bela Jain W/o Sh.Jitendra Jain, R/o # 56, Shagun Apartment, near Hotel Shagun, Kalka-Zrk Road, Zirakpur, Mohali, Punjab-140603.

                                                                                                                ….Complainants

Versus

1.    Country Club Hospitality & Holidays Ltd., through its Managing Directors/Directors having its registered office at Amrutha Castle, 5-9-16, Salfabad, Opp. Secretariat, Hyderbad-500063.

2.    Mr.Rajeev Reddy Yedaguri MD of Country Club Hospitality & Holidays Ltd., R/o B-2-293/82/F/A/a21 and C21, Plot No.A21 C21 CO-OP Society Ltd., RD No.9, Film Nagar, Hyderabad.

3.    Citi Bank, through its authorized representatives situated at Sector-20, Panchkula.

                                                                                                              ….Opposite Parties

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

Before:           Mr.Satpal, President.          

                        Dr.Pawan Kumar Saini, Member.

                        Dr.Sushma Garg, Member.

 

Present:          None for the complainant.

                        Ops No.1 and 2 already ex-parte vide order dt.30.11.2018.

                        OP No.3 already given up vide order dated 14.01.2019.

             

                        The present complaint has been filed by the complainant alleging that the Op-Company allured the complainants for purchasing the membership and on the allurement of the Ops, the complainants purchased membership of OP by paying an amount of Rs.1,80,000/-. The Op granted ‘white/studio’ membership for the period of 30 years to the complainants. The grievance of the complainants is that the Op assured the complainants that they were entitled for the benefits immediately after making the payment but when they asked for Goa trip, the official of Ops denied for the same due to heavy rush. Thereafter, again on asking for Goa trip, the Ops refused to give coupons for the Goa trip. After that the Ops through telephonically told that complainants that they can book vacation by them and they will reimburse the amount and thereafter, the Ops only transferred Rs.40,000/- into the account of the complainants as reimbursement of Goa trip. After receiving the agreement, they came to know that purchase price of membership was mentioned as Rs.1,40,000/-. The complainant has sought the refund of the amount of Rs.1,40,000/- alongwith interest and has also prayed for the compensation on account of mental agony, harassment and litigation charges.

                        The OP No.1 and 2 did not turn up and thus, were proceeded ex-parte vide order dt.30.11.2018.

                        The Op No.3 was given up by the counsel for the complainants on 14.01.2019 on the ground that he has no grievance against the OP NO.3 as no relief has been sought against the Op No.3.

We have perused the entire record available on the file and find that when the case was fixed for filing evidence of the complainant on 27.02.2019, none appeared on behalf of the complainant and the case was adjourned to 12.03.2019 for filing evidence of the complainant. On 12.03.2019, none appeared on behalf of the complainant and the case was adjourned to 12.04.2019 for filing evidence of the complainant. On 12.04.2019, again none appeared on behalf of the complainant and the case was adjourned to 09.05.2019 for filing evidence of the complainant subject to the last opportunity. On 09.05.2019, again none appeared on behalf of the complainant and in the interest of justice one more opportunity was provided to the complainant to submit his evidence and the case was adjourned to 28.05.2019 for filing evidence of the complainant subject to the last opportunity. Today again case has been called several times since morning; it is already 4 PM but neither the complainant is present nor anyone his behalf is present in the Forum for submission of evidence. We have also no information with regard to the absence of the complainant. It seems that complainant is not interested to pursue the present complaint. Thus, we found no reasonable justification to adjourn the case repeatedly for the same purpose i.e. for filing evidence of the complainant. In the absence of any evidence in support of the contention of the complainant, we have no option except to dismiss the complaint. Hence, the present complaint is hereby ordered to be dismissed for want of prosecution. The complaint stands disposed of accordingly.

                        A copy of this order be sent to the parties free of costs and file be consigned to record room after due compliance.

 

Dt.                      (Dr.Sushma Garg)            (Dr.Pawan Kumar Saini)                 (Satpal)

28.05.2019        Member                              Member                                            President