Chandigarh

DF-I

CC/660/2017

Gurmeet Singh Grewal - Complainant(s)

Versus

Country Vacations - Opp.Party(s)

Shashank Sharma

18 Dec 2017

ORDER

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

============

Consumer Complaint  No	:	CC/660/2017
Date  of  Institution	:	18/09/2017
Date   of   Decision	:	18/12/2017

 

 

 

 

 

(1)  Gurmeet Singh Grewal S/o Late Sh.Lekh Singh Grewal;

 

(2)  Surinder Pal Kaur w/o Sh.Gurmeet Singh Grewal;

 

     Both residents of House No. 1402, Sector 61, Chandigarh.

…… Complainants.

VERSUS

 

(1)  Country Vacations (A Division of Country Club Hospitality and Holidays Limited - CCHHL), Amrutha Castle 5-9-16, Saifabad, Opposite Secretariat, Hyderabad – 500063, through its Managing Director/ Director/ Authorized Signatory.

 

(2)  T.O. Manager, Country Vacations (A Division of Country Club Hospitality and Holidays Limited), SCO No.44-45, IInd Floor, Sector 9-D, Chandigarh.

 

(3)  Managing Director (Board of Directors), Country Vacations (A Division of Country Club Hospitality and Holidays Limited - CCHHL), Amrutha Castle 5-9-16, Saifabad, Opposite Secretariat, Hyderabad – 500063,

 

(4)  Country Vacations (A Division of Country Club Hospitality and Holidays Limited), SCO No.44-45, IInd Floor, Sector 9-D, Chandigarh, through its T.O. Manager.

………… Opposite Parties.

 

BEFORE:   SH.RAJAN DEWAN          PRESIDENT

          MRS.SURJEET KAUR        MEMBER

 

Argued by: Sh. Shashank Sharma, Counsel for Complainants.

            Opposite Parties ex-parte.

PER mrs.SURJEET KAUR, MEMBER

 

 

          Briefly stated, the Complainants had taken Membership of the Opposite Parties by paying a sum of Rs.1.25 lacs. The copies of Purchase Agreement for Club, Vacation Agreement and Club Membership Purchase Agreement have been annexed with the Complaint as Annexure C-1 to C-3 respectively. It has been alleged that the Opposite Parties did not provide promised services and therefore, the Complainants wrote letters Annexure C-6 to C-8 respectively, highlighting their grievance, with a request to refund their amount. However, when nothing positive could come out, the Complainants service legal notice dated 20.01.2017 upon them, but the Opposite Parties instead of refunding the amount kept on dilly-dallying the matter on one pretext or the other. Hence, alleging the aforesaid act & conduct of the Opposite Parties as deficiency in service and unfair trade practice, the Complainant has filed the present Complaint.

 

2.      Notice of the complaint was sent to Opposite Parties seeking their version of the case. However, nobody appeared on behalf of Opposite Parties despite service, therefore, they were proceeded ex-parte on 09.11.2017.

 

3.      Complainants led evidence.
4.      We have heard the learned counsel for the Complainants and have also perused the record.   

 

5.      In the present case, the averments of the complaint have gone unrebutted in the absence of the Opposite Parties, who were duly served, and preferred neither to appear in person, nor through their Counsel. It is established beyond all reasonable doubt that the complaint of the Complainants is genuine. The Opposite Parties have certainly and definitely indulged into unfair trade practice. Also, the Opposite Parties did not bother to redress the grievance of the Complainants when contacted by them, resulting into immense, mental and physical harassment to the complainants. Thus, finding a definite deficiency in service on the part of the Opposite Parties, we have no other alternative, but to allow the present complaint against them.

 

6.      Hence, the present complaint of the Complainants deserves to succeed against the Opposite Parties, and the same is allowed. The Opposite Parties are, jointly and severally, directed, to:-

 

[i]  Refund Rs.1,25,000/- to the Complainants along with interest @9% p.a. from the date of receipt, till realization.

 

[ii] Pay Rs.15,000/- on account of deficiency in service and causing mental and physical harassment to the Complainants; 

 

[iii] Pay Rs.10,000/- towards costs of litigation;

 

7.      The above said order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the amount mentioned in sub-para [i] above from the date of receipt, till it is paid. The compensation amount as per sub-para [ii] above, shall carry interest @12% per annum from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [iii].  

 

8.      Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

18^th December, 2017                                                        Sd/-

(RAJAN DEWAN)

   PRESIDENT

 

                                                Sd/-   

 (SURJEET KAUR)

   MEMBER

 “Dutt”