Chandigarh

DF-II

CC/661/2017

Sneha Monga - Complainant(s)

Versus

Global Connect Holidays & Club Pvt. Ltd., - Opp.Party(s)

In Person

04 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	CC/661/2017
Date of Institution	:	31.08.2017
Date of Decision	:	04/01/2018

 

                                       

                                               

1.     Sneha Monga w/o Sh.Sandeep Monga

2.     Sandeep Monga s/o Sh.Madan Lal Monga

Both residents of Flat No.301-C, Victoria Heights, Peer Mushalla, Zirakpur (Mohali).

                                ...  Complainants.

Versus

1.     Global Connect Holidays & Club Pvt. Ltd., Unit No.402-A, 4^th Floor, B-Wing Elante Business Center, Industrial Area, Phase-I, Chandigarh.

 

2.     Global Connect Holidays & Club Pvt. Ltd., Head Office at Office No.7 & 8, 4^th Floor, Trident Complex, ADJ to Bank of Maharashtra, Bavdhan Road, Bavdhan, Pune-411021.

…. Opposite Parties.

 

BEFORE: SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

 

Argued by:  Complainant No.2 in person.

                  OPs exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, on 02.04.2017, OP No.1 enticed the complainants in the Elante Business Center to become the member of their Company. The complainants were provided with 10 days holiday package for international and domestic tour for a sum of Rs.40,000/-. The complainants were also assured that the tour could be availed in two times and it will also include air tickets, food, guide, cab facility, medical facility etc. except personal purchasing.  On receipt of Rs.20,000/- a written argument dated 02.04.2017 was executed between the parties.  It has further been averred that the OPs also promised to provide movie tickets within a week after the agreement  but when they did not find any response from the OPs for a couple of days then the complainants requested the OPs through e-mails to refund Rs.20,000/- as they were not interested in purchasing the tour package. Thereafter, the complainants received an e-mail dated 21.04.2017 whereby the OPs agreed to refund the membership fee of Rs.20000/- within 7 working days.  According to the complainants, they also furnished the account number for transmitting the amount to their account and even exchanged a number of e-mails in this regard with the OPs but to no effect. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainants have filed the instant complaint.
2.         OPs did not appear despite publication of the proclamation in the newspaper “Daily Charhdikala” and as such they were ordered to be proceeded against exparte on 22.12.2017.
3.         We have heard the complainant No.2 in person and gone through the documentary evidence on record.
4.         In the exparte evidence, the complainant No.2, husband of the complainant No.1 has tendered his duly sworn affidavit alongwith the documents i.e. Annexures A-1 to A-5 as mentioned in the complaint.  Annexure A-1 is a copy of the Agreement of Purchase Club + Vacation entered into between the parties vide which the OPs have received a sum of Rs.20,000/- out of Rs.40,000/- from the complainants.  Annexure C-5 is copy of the e-mail dated 21.04.2017 whereby the OPs have agreed to revert back the membership fees of Rs.20,000/- to the account of the complainants within 7 working days. The complainants have specifically stated in the complaint that the said amount has not been reverted back to their account despite exchanging a number of e-mails and requests made in this regard. The OPs have failed to honour their commitment made vide e-mail dated 21.04.2017 to refund the membership fee of Rs.20,000/- to the complainants which itself amounts to deficiency in service on the part of the OPs. 
5.         In the light of above discussion, the present complaint of the complainant deserves to succeed against the OPs, and the same is allowed, qua them. The OPs is directed:-

[a]    To refund Rs.20,000/- alongwith interest @ 9% p.a. from the date of its deposit i.e. 02.04.2017 till its realization to the complainants.

[b]    To pay Rs.5,500/- as compensation for mental agony & harassment suffered by the complainants;

 [c]  To pay Rs.2,500/- as costs of litigation.

6.          This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which the complainants are entitled to initiate the proceedings against the OPs under Sections 25/27 of the Consumer Protection Act, 1986. 
7.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

04/01/2018

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER