Order dictated by:
Ms.Rachna Arora, Presiding Member
1. Mrs.Harpreet Kaur, complainant has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that the opposite party advertised and offered the complainant a holiday vacation plan. The complainant was allured to enter a vacation plan on 5.7.2016. The complainant was approached by the executives of the opposite party who allured the complainant about the vacation club plans where there would be lot and lots of facilities including membership of many clubs in all over India and Abroad, club facilities, SPA facilities besides gold coin, dinner set, 2 years SPA vouchers, 10 extra vouchers for 6 nights/7 days of vacation and many other verbal assurances. The complainant coming in their sweet words booked one vacation plan which was for 5 years period on payment of Rs. 1,45,000/- and made the payment of Rs. 1,45,000/- to the opposite party which includes complimentary holiday for Bangkok for 6 nights & 7 days. The opposite party did not issue any letter of the membership to the complainant after taking the money as assured to be issued within a week time. The complainant keep on approaching the opposite party many a times to issue the membership letter and also to give her the holiday package as assured and also gave her the vacation plan and send her the destinations so that she could select from those destinations. Since 5.7.2016 complainant made futile calls to the opposite party to give her the assured holiday plan besides vacation plan ad also gave her the letter of membership, but till the filing of the present complaint, opposite party has not issued her the letter of membership any holiday plan and vacation plan to the complainant. The complainant fed up with the hostile attitude of the opposite party now requested the opposite party to refund her deposit with interest but the opposite party did not pay any heed to the request of the complainant. The act of the opposite party in not providing club vacation plan and other facilities offered to the complainant and also not issuing the membership letter/certificate is an act of deficiency in service, malpractice, unfair trade practice for which the complainant has caused lot of mental agony, harassment, inconvenience besides financial loss . Vide instant complaint, complainant has sought for the following reliefs:-
(a) Opposite party be directed to refund Rs. 1,45,000/- alongwith interest @ 15% p.a. from the date of payment till realization to the complainant ;
(b) Compensation to the tune of Rs. 50000/- alongwith adequate litigation expenses may also be awarded to the complainant.
2. Upon notice, opposite party made appearance through Sh. Ashok Kalia,Advocate but written version not filed despite availing of so many opportunities , as such the right of the opposite party for filing written version stands forfeited vide order dated 26.9.2018 .
3. Alongwith the complaint, complainant has filed her affidavit Ex.C-1, agreement of purchase Ex.C-2.
4. We have heard the Ld.counsel for the parties and have carefully gone through the record on the file.
5. Ld.counsel for the complainant has vehemently contended that complainant was approached by the executives of the opposite party who allured the complainant about the vacation club plans in which lot of facilities including membership of many clubs in all over India and Abroad, club facilities, SPA facilities besides gold coin, dinner set, 2 years SPA vouchers, 10 extra vouchers for 6 nights/7 days of vacation were mentioned. The complainant coming in their sweet words booked one vacation plan which was for 5 years period on payment of Rs. 1,45,000/- and made the payment of Rs. 1,45,000/- to the opposite party which includes complimentary holiday for Bangkok for 6 nights & 7 days, copy of agreement is Ex.C-2 on record. It was the case of the complainant that the opposite party till the filing of the complaint did not issue any letter of the membership to the complainant . In this regard the complainant approached the opposite party many a times to issue the membership letter and also to give her the holiday package as assured and also gave her the vacation plan and send her the destinations so that she could select from those destinations. But till the filing of the present complaint, opposite party has not issued her the letter of membership any holiday plan and vacation plan to the complainant. As such finding no other alternative, the complainant requested the opposite party to refund her deposit with interest but the opposite party did not pay any heed to the request of the complainant. Ld.counsel for the complainant contended that the act of the opposite party in not providing club vacation plan and other facilities offered to the complainant and also not issuing the membership letter/certificate is an act of deficiency in service, malpractice as well as unfair trade practice.
6. On the other hand opposite party by making appearance not filed written version to the allegations leveled in the complaint, as such opposite party impliedly admitted the case of the complainant. Reliance in this connection has been placed upon Aegon Religare Life Insurance Co. Ltd. 2018(1) CLT 310 of the Hon’ble National Consumer Disputes Redressal Commission, New Delhi wherein it has been held that Non filing of written reply to consumer complaint amounts to admission of the allegations leveled in the complaint.
7. From the appreciation of the facts and circumstances of the case, it becomes evident that the complainant entered into an agreement of Purchase agreement dated 5.7.2016 by making payment of Rs,. 1,45,000/- to the opposite party. But the opposite party till the filing of the present complaint has not provided the complainant letter of membership as well as holiday plan and vacation plan even after making so many calls since 5.7.2016. This shows that opposite party is deficient in service in not providing the letter of membership what to talk about the facilities as assured by the opposite party. As such the complainant requested for refund of the deposited amount which the complainant is entitled . Reliance in this connection has been placed upon Harsharan Singh Versus Country Club India Limited & others decided on 1.4.2015 by the Hon’ble State Commission, Chandigarh, wherein it has been held that complainant is entitled for the refund of Rs. 80000/- which he paid to the opposite parties alongwith interest @ 9% per annum which would cater for compensation on account of harassment and mental agony, suffered by him because of deficiency in rendering service, on the part of the opposite parties.”.
8. On account of unfair trade practice being carried out by the opposite party for not providing the facilities as agreed by opposite party to the complainant, the complainant has suffered a great mental pain, agony, harassment at the hands of the opposite party. Act & conduct of the opposite party amounts to gross negligence, carelessness , deficiency in service and unfair trade practice and the complainant is required to be compensated in accordance with law. In our considered view the complainant is entitled to refund of the total fee amount of Rs. 1,45,000 alongwith interest .
9. In view of the above discussion, we allow the complaint with costs and the opposite party is directed to refund Rs. 1,45,000/- alongwith interest @ 9% p.a. from the date of agreement dated 5.7.2016 until full and final recovery. Cost of the litigation are assessed at Rs. 5000/-. Compliance of this order be made within a period of 30 days from the date of receipt of copy of order ; failing which, complainants shall be entitled to get the order executed through the indulgence of this Forum. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
