Punjab

Rupnagar

CC/22/121

Sonam Gupta - Complainant(s)

Versus

Global Gateway Holidays Pvt. Ltd. - Opp.Party(s)

Manbir Singh Dhindsa

31 Mar 2023

ORDER

 

 

 

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL COMMISSION, ROPAR

 

                                 Consumer Complaint No.  121 of 09.08.2022

                                  Date of decision             :    31.03.2023

 

 

Sonam  Gupta wife of Tarun Kumar Mahajan, resident of House No.6100/72-A, Sarpanch Enclave, Rupnagar, Tehsil  & District Rupnagar 

                                                                 ......Complainant

                                             Versus

 

1. Global Gateway Holidays Private Limited, Ground Floor, Office No.104, Mall Picardily Road, Sector 34-A, Chandigarh-160022
2. A. Banerjee Son of Mr. D.Banerjee, Managing Director of Global Gateway Holidays Private Limited, Ground Floor, Office No.104, Mall Picardily Road, Sector 34-A, Chandigarh-160022
3. Shweta C/o and working in A. Banerjee Son of Mr. D.Banerjee, Managing Director of Global Gateway Holidays Private Limited, Ground Floor, Office No.104, Mall Picardily Road, Sector 34-A, Chandigarh-160022

 

....Opposite Parties

(Complaint under the provisions of Consumer Protection Act)

QUORUM:

 

                             KULJIT SINGH, PRESIDENT

                             RANVIR KAUR, MEMBER

                             RAMESH KUMAR GUPTA, MEMBER

 

 

ARGUED BY:

 

For complainant:            Sh. Manbir Singh Dhindsa, Advocate

For OPs:                         ex-parte

 

         

 ORDER

 

PER KULJIT SINGH, PRESIDENT

 

The present complaint has been filed by the complainant on the averments that in the month of July 2021, the Ops have approached the complainant at Lilly Motel, Rupnagar and the Ops No.2 & 3 introduced themselves as a Managing Director of OP1 and the OPs have also informed him that the Ops are engaging in hospitality business having the OPs with the Hotels, Resorts and other residential arrangements at several locations across India and abroad and other services like Travel Planning Services Etc. The Ops have also informed the complainant that the company of the OPs have opened the membership for the desires persons and the OPs have also told him that if the complainant interested to travel on holidays then the complainant can take the membership of the OPs company and then the company of the OPs will provide best hospitalities to the complainant and after taking the membership of the OPs company, the complainant can stay for a period upto 4 nights and 5 days in a year at the associated property of the company within India and the complainant can also bifurcated the said period for maximum one time and gym facility for spouse for three years in Rupnagar in good gym and as well as facility of Banquet hall within India and many more. The OPs have allured him to take the membership of the company of the OPs and the OPs have also informed him that for taking the membership of the OPs company, the complainant has to pay one time total amount of Rs.40,000/- to the OPs. It is further averred that swayed by the allurements given by the Ops, the complainant shown her readiness and willingness to purchase the membership of the Ops company and on 15.7.2021 the complainant had paid the said amount to the OPs and the OPs have issued a sale agreement dated 15.7.2021 in favour of the complainant and at that time, the OPs have assured the complainant that the company of the OPs will provide best hospitality to the complainant and her family members and whenever the complainant and her family planning to travel outside across India then the complainant will inform the company and then the company of the OPs will arrange all the arrangements for the smooth, best and safe travel for the complainant and will prove best hospitality to the complainant and her family. At the time of issuance of the said agreement, the Ops have also assured him that the company of the OPs is launching the lottery time to time for the members of the company and the members of the company is taking the valuable gifts in the said lottery scheme on draw system. The Ops have also informed him  that during the period of agreement incase the complainant is not interested to continue her membership with the Ops company then the OPs company will refund the whole amount to the complainant immediately. After purchasing the said membership, the complainant many times approached the contacted the Ops to provide the hospitality to the complainant as the complainant many times make the plan to travel outside in holidays, but the OPs neither given any response to the complainant nor provided any hospitality to the complainant till today. Even, the OPs have not issued any other document of membership of the complainant with the company of the OPs.  The Ops have wrongly and illegally withheld the deposited amount of the complainant. Lastly prayed to allow the complaint with the following reliefs against the OPs:-

 Be directed to the opposite parties to refund the amount of Rs.40,000/- along with interest @ 18% per annum ; to pay Rs.2,00,000/- as compensation on account of mental agony.  

2.     Upon notice, the OPs have choosen to remain ex-parte vide order dated 19.12.2022. 

3.     On being called upon to do so, the complainant has tendered duly sworn affidavit of complainant Ex.CW1/A along with documents Ex.C1 to Ex.C5 and closed the evidence.

4.     We have heard the learned counsel for the complainant and have gone through the record of the file especially contents of the complaint, carefully.

5.     It is admitted fact that the complainant has deposited the amount with the Ops in the shape of membership and to prove this fact, the complainant has placed on record receipt Ex.C2. The whole purpose of pleadings is to give fair notice to each party of what the opponent's case is and to ascertain with precision the point(s) on which the parties agree and those on which they differ. The purpose is to eradicate irrelevancy. The complaint is a concise statement of facts and if no reply is filed to the complaint, the averments made therein are deemed to have been admitted. No amount of evidence can be looked into upon a plea, which was never put forward in pleadings. A party cannot adduce evidence and set case inconsistent to the pleadings. No amount of proof can substitute pleadings, which are the foundation of the claim of the parties. When there is no pleading, the party is precluded from adducing evidence. In the present case, opposite parties have not appeared, despite service by way of giving notice and were proceeded against ex-parte. As such, the evidence adduced by the complainant remains un-rebutted.

6.     Since the Ops have chosen to remain ex-parte and otherwise also the evidence of the complainant appears to be cogent, reliable and trustworthy. We have no alternative except to believe the contents of the complaint as well as documentary evidence attached with the complaint by the complainant. It is, proved on the file that the complainant had deposited the amount of Rs.40,000/- with the OPs company. The star documents are Ex.C2, placed on record by the complainant i.e. the receipt.   

7.         It is pertinent to mention here that the Consumer Protection Act, 2019, is benevolent legislation enacted to help the poor consumers.  

9.         In view of our above discussion, we allow the present complaint exparte and O.Ps are directed to refund Rs.40,000/- along with interest @ 6% per annum to the complainant. The Ops are further directed to pay a an amount of compensation to the tune of Rs.5000/- & Rs.2000/- as litigation expenses. The OPs are further directed to comply with the above said order jointly and severally within 30 days from the date of receiving of copy of this order.  Free certified copies of this order be sent to the parties, as per rules. The file be indexed and consigned to record room.

            ANNOUNCED

            Dated.31.03.2023                                                                        

 

                                                                                                                    (KULJIT SINGH)

                                                                                                                     PRESIDENT

 

 

                                                                                                                       (RANVIR KAUR)

                                                                                                                             MEMBER

 

 

                                                                                                                (RAMESH KUMAR GUPTA)

                                                                                                                                 MEMBER