Sh.Anoop Sharma, Presiding Member.
1. Sh.Mohinder Pal Singh has brought the instant complaint under section 11, 12 and 13 of the Consumer Protection Act, 1986 on the allegations that Opposite Party has contacted with complainant with request to avail his services to become member of Holidays World India i.e. Opposite Party. In the first week of August, 2016 the officials of Opposite Party apprised the complainant over telephone that he has won some gift voucher and invited the complainant and his wife in Radisson Blue Hotel, Amritsar for this purpose on 9.8.2016. At the relevant time, the Opposite Party apprised the complainant to become member of Opposite Party and asked the complainant to make the payment of Rs.2300/- per month ad total amount has to be paid by the complainant to Opposite Party amounting to Rs.75,000/- and during this period, the complainant shall avail facility of five star hotel for seven days during his vacation period. As per the directions of Opposite Party, the complainant paid Rs.3000/- in cash to the Opposite Party vide receipt No.05095 dated 9.8.2016. The complainant also made payments of monthly installment by the means of NEFT from his banker namely State Bank of Patiala, Amritsar. In all, the complainant has paid a total sum of Rs.22,600/- to Opposite Party which includes Rs.3000/- paid in cash by the complainant. Thereafter, the complainant showed his willingness to Opposite Party to go to Goa from 31.12.2016 to 5.1.2017 but the Opposite Party showed their inability to provide room on the pretext that this is peak time for their other customers. Thereafter, the complainant further requested the Opposite Party to allow him to visit at Goa from 2.1.2017 to 5.1.2017, but the Opposite Party showed their inability to provide room i.e. 5 star room during this period also. Feeling aggrieved at the hands of Opposite Party, the complainant has booked room at Goa and also booked rail ticket for 24.12.2016 for train from Amritsar to Sri Hazoor Sahib and from Sri Hazoor Sahib to Goa and for return ticket for 5.1.2017 from Goa to New Delhi, for which the complainant has spent more than Rs.35,000/- plus Rs.10,000/- in all Rs.45,000/-. In whole, the complainant has spent more than Rs.67,600/-, but the Opposite Party has not abide by their promises. The above said acts of the Opposite Party in not providing five star room as agreed by the Opposite Party with the complainant is an act of deficiency in service, unfair trade practice and mal practice and not sustainable in the eyes of law and has further caused lot of mental tension, agony. The complainant has prayed for the following reliefs through the instant complaint.
a) Opposite Party be directed to make the payment of Rs.67,600/- as amount deposited by the complainant with Opposite Party as well as expenditure incurred by the complainant alongwith interest @ 24% per annum from the date when the amount was received by the Opposite Party from complainant till its actual realization.
b) Opposite Party be directed to pay compensation of Rs.2,50,000/- for deficient services and for causing harassment and mental agony to him.
c) Opposite Party may kindly be directed to pay complete cost of the present litigation.
d) The complainant may kindly be awarded any other relief to which he is found legally entitled to under the law, equity and justice.
Hence, this complaint.
2. Upon notice, inspite of due service, none put in appearance on behalf of the Opposite Party and as such, the Opposite Party was ordered to be proceeded against exparte.
3. In his bid to prove the case, complainant tendered his duly sworn affidavit Ex.C1, in support of the allegations made in the complaint and also produced copy of documents Ex.C2 to Ex.C17 and closed the exparte evidence.
4. We have heard the complainant and have carefully gone through the evidence on record.
5. From the appraisal of the evidence on record, it becomes evident that the Opposite Party has contacted with complainant with request to avail his services to become member of Holidays World India i.e. Opposite Party. In the first week of August, 2016 the officials of Opposite Party apprised the complainant over telephone that he has won some gift voucher and invited the complainant and his wife in Radisson Blue Hotel, Amritsar for this purpose on 9.8.2016. At the relevant time, the Opposite Party apprised the complainant to become member of Opposite Party and asked the complainant to make the payment of Rs.2300/- per month ad total amount has to be paid by the complainant to Opposite Party amounting to Rs.75,000/- and during this period, the complainant shall avail facility of five star hotel for seven days during his vacation period. As per the directions of Opposite Party, the complainant paid Rs.3000/- in cash to the Opposite Party vide receipt No.05095 dated 9.8.2016. The complainant also made payments of monthly installment by the means of NEFT from his banker namely State Bank of Patiala, Amritsar. In all, the complainant has paid a total sum of Rs.22,600/- to Opposite Party which includes rs.3000/- paid in cash by the complainant. Thereafter, the complainant showed his willingness to Opposite Party to go to Goa from 31.12.2016 to 5.1.2017 but the Opposite Party showed their inability to provide room on the pretext that this is peak time for their other customers. Thereafter, the complainant further requested the Opposite Party to allow him to visit at Goa from 2.1.2017 to 5.1.2017, but the Opposite Party showed their inability to provide room i.e. 5 star room during this period also. Feeling aggrieved at the hands of Opposite Party, the complainant has booked room at Goa and also booked rail ticket for 24.12.2016 for train from Amritsar to Sri Hazoor Sahib and from Sri Hazoor Sahib to Goa and for return ticket for 5.1.2017 from Goa to New Delhi, for which the complainant has spent more than Rs.35,000/- plus Rs.10,000/- in all Rs.45,000/-. In whole, the complainant has spent more than Rs.67,600/-, but the Opposite Party has not abide by their promises. The above said acts of the Opposite Party in not providing five star room as agreed by the Opposite Party with the complainant is an act of deficiency in service, unfair trade practice and mal practice and not sustainable in the eyes of law and has further caused lot of mental tension, agony. The evidence produced by the complainant has gone unrebutted on record as the Opposite Party, despite due service, did not opt to appear and contest the proceedings. In this way, the Opposite Party has impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Party has no defence to offer or defend the complaint. The complainant has sought for refund of amount of Rs.22,600/- besides other expenses borne by him on the travel of his tour alongwith interest besides compensation to the tune of Rs.2,50,000/-.
6. In our considered view, the Opposite Party is liable to refund the amount of Rs.22,500/- i.e. paid by him with Opposite Party. But however, the claim for compensation to the tune of Rs.2,50,000/- is concerned, the same appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant. In our considered view, ends of justice would be fully met if the complainant is awarded compensation to the tune of Rs.5,000/- and we award the same accordingly. Besides this, the complainant is also entitled to litigation expenses to the tune of Rs.2,000/-. Opposite Party is granted one month time to comply with the order, failing which the awarded amount shall carry interest @ 9% per annum from the date of passing the order until full and final payment. The complaint stands allowed exparte accordingly. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
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