Delhi

East Delhi

CC/398/2017

MINNI ROHATGI - Complainant(s)

Versus

COUNTRY CLUB - Opp.Party(s)

13 Mar 2020

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                 CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE,DELHI 110092

 

                                                                                                  Consumer complaint no.398/2017

                                                                                                  Date of Institution                   19/09/2017

                                                                                                  Order Reserved on                  13/03/2020

                                                                                                  Date of Order                           16/03/2020

In matter of

Mrs. Minni Rohtagi

w/o Mr Rajiv Rohtagi

R/o- 40, Deshbandhu Apartments

I P Extn.Patpargunj Delhi 110092 ……………....…………….….Complainant

 

                                                                           Vs

The Manager,

Country Club, 2^nd Floor, V3S Mall,

opp. Nirman Vihar Metro Station,

Vikas Marg, Delhi 110092 …………………….…………………..….Opponent

 

Complainant’s Advocate       Mr Rajesh Sharma

Opponent                              Ex Parte

 

Quorum                                Sukhdev Singh              President

                                             Dr P N Tiwari               Member

                                             Mrs Harpreet Kaur      Member               

 

Order by   Dr P N Tiwari    Member                    

Brief Facts of the case

 

This complaint has been filed by the complainant under section 12 of C P Act, 1986 r/w sub section 2(1)(g) for deficiency in services against OP providing enjoyment trips to their customers by giving Membership.

 

The complainant after receiving welcome call from OP for offering AMC for 30 years plan for enjoying holidays anywhere complainant wishes to go and also offered to renew plan after complainant’s son turn 25 years of age. The AMC plan was Rs 10,500/-for every year. OP after negotiation offered Rs 1,50,000/-as membership where a sum of Rs 50,000/-paid in cash (Ex CW1/1) and cheque of Rs 0ne lakh was given as cheque no. 488977 on dated 30/06/2017.

It was stated that seeing different terms and conditions as agreed under contract of agreement (Ex CW1/2,3,4,4 A to C), sent email for refund of total amount paid Rs 1,50,000/-(Ex CW1/5 A to I). When no reply was received, filed  this  complaint  for  refund of  his  membership  fee  as  Rs 50,000/-paid as cash with 24% interest from the date of payment and return of cheque of Rs one lakh with Rs 2 lakhs compensation for harassment and mental agony and Rs 25,000/- as litigation charges.

Even after receiving notices, OP did not put appearance so preceded Ex-Parte. Complainant filed Ex-Parte evidences on affidavit. Evidences were not controverted so presumed to be correct.

Arguments heard from counsel of complainant and after perusing facts and evidences in complaint, order was reserved. 

We have seen that complainant had paid amount Rs. 50,000/-in cash as a part of contract of agreement for membership, but OP did not offer any services or gave holiday packages nor refunded amount despite of intimating OP. Certainly it amounts to deficiency in services. Hence complainant has proved deficiency of OP. As OP were Ex Parte and evidences on affidavit were not controverted, so we allow this complaint and pass the following order-

1. OP will refund Rs. 50,000/-with 9% per annum within 30 days from the date of filing of complaint along with OP to return cheque given for a Rs one lakh. 
2. We also award compensation for harassment Rs 10,000/-for mental agony and financial loss. This will include litigation charges also.
3. If awarded amount is not complied in stipulated time, complainant shall be entitled to recover entire awarded amount on same interest till paid.

The first free copy of this order be sent to the parties as per the Regulations and file be consigned to the record room.

 

(Dr) P N Tiwari Member                                                                   Mrs Harpreet Kaur Member

                                              Sukhdev Singh, President