DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
North 24 Pgs., BARASAT
C.C. No./266/2023
Date of Filing Date of Admission Date of Disposal
27.07.2023 28.08.2023 18.07.2024
Complainant/s:- | 1. Bharati Saha 2. Parimal Chandra Saha Both Residing at 265/10 Jessore Road East Bijoy Nagar P.O Kaji Para near Bijoy Nagar sporting club post code 700124, P.S Barasat. -Vs- |
Opposite Party/s:- | Country Vacations (A division of the Country Club Hospitality and Holidays Limited) Having registered office AMRUTHA Castle Saifabad, Secretariat, , Opposite Hyderabad 500063) and regional office at 5-9-16 Saifabad, Opposite – Secretariat, Hyderabad – 500063 and regional office at 86B/2, Gajraj Chambers, Park Circus Connector, Police Station-Tangra, 700046, and also Kolkata- having zonal office at 2nd floor Anuj chambers Park Street Kolkata 700016 P.S Park Street To be represented through its authorized representative. |
P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT /FINAL ORDER
Complainants above named filed this complaint U/s 35 of the Consumer Protection Act, 2019 against the aforesaid Opposite Parties praying for direction to refund the scheme amount of Rs. 1,30,000/- along with interest @ 24%, compensation amounting to Rs. 2,50,000/-, litigation cost amounting to Rs. 50,000/- and further order.
They alleged that in the month of December 2016 O.P’s authorized agent and employees insisted the Complainants to purchase their product of vacation scheme valued at Rs. 1,47,000/- and they offered discount price of Rs. 85,000/-. Complainants had to pay Rs. 25,000/- as part payment and remaining amount was payable @ Rs. 5,000/- per month. Accepting such offer Complainant carried on paying the amount of Rs. 1,30,000/-. Complainant after paying one year membership took a vacation trip to Bandipur in the year 2018. After going to the spot Complainant realized that picture of the Resort which was shown to them are not the same in the reality. Having no option they boarded there with pain and agony. After returning Kolkata after having the aforesaid horrifying experience contacted with the O.P and demanded the return of fund but did not get any fruitful result. Hence, the Complainant filed this case.
Decisions with Reasons:-
Case was fixed for Admission Hearing on 28/08/2023. On that date case was admitted.
Contd. To page no. 2. . . . /
: : 2 : :
C.C. No./266/2023
Thereafter 03/11/2023 was fixed for filing requisites upon the O.P but on that date Complainant was absent without any steps.
He was asked to file Show Cause vide Order no. 02 dated 03/11/2023 as to why necessary order shall not be passed against him. On the next date i.e. on 08/01/2024 Complainant was absent without any steps.
He was asked to file Show Cause vide Order no. 03 dated 08/01/2024 as to why necessary order shall not be passed against him. Complainant did not file Show Cause on the next dates i.e. on 27/03/2024, 27/05/2024 and 09/07/2024.
He did not file Show Cause before this Commission as per the aforesaid orders.
On perusal of record we find that Complainant not yet produced the original documents relating to this case and for that reason we are unable to pass any final order on merit.
The conduct of the Complainant indicates that he is not willing to proceed with this case. In this situation we have no other alternative but to dismiss the case.
In the result, present case fails.
Hence,
It is
Ordered:-
That the present case be and the same vide no. CC/266/2023 is dismissed ex-parte against the Opposite Parties but without any order as to costs.
Let a copy of this order be supplied to both the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
C.C. No./266/2023
Order No: 07
Dated:-18.07.2024
Today is fixed for final order / judgment. Complainant is absent without any steps. Final Order / Judgment is ready and same is pronounced in open Ejlash.
Final Order / Judgment is kept with the record. As per Final Order / Judgment.
It is
Ordered:-
That the present case be and the same vide no. CC/266/2023 is dismissed ex-parte against the Opposite Parties but without any order as to costs.
Let a copy of this order be supplied to both the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
