Order dictated by:
Mr.Anoop Sharma, Presiding Member
1. Present complaint has been filed by Sukhmaninder Pal Singh under the provisions of the Consumer Protection Act alleging therein that opposite party approached the complainant at Amritsar and offered him for the membership of their concern for 5 years . A meeting to this effect was held between the parties at Hotel
Park INN, Amritsar on 21.8.2016. Opposite party had agreed to grant membership to the complainant for the said period if the complainant will pay total sum of Rs. 80000/- and it was agreed by the opposite party that they will provide holiday booking to the complainant for every year 6 nights and 7 days stay in the hotel. On the allurement of the opposite party, complainant agreed to become the member of the opposite party as per the representation made by the representative of the opposite party namely Sukhdeep Singh on 21.8.2016. The complainant paid a sum of Rs. 45000/- to the opposite party vide receipt No. 5114 dated 21.8.2016 and Rs. 15000/- against receipt No. 5113 dated 21.8.2016. In all the complainant paid Rs. 60000/- to the opposite party at Amritsar and the balance amount of Rs. 20000/- was agreed to be paid later on. Thereafter the complainant asked the opposite party for his booking in the month of December 2016, but they refused to provide booking to him without any sufficient cause. In this regard complainant sent letters as well as e-mails with the request to provide him booking as was agreed , but they paid no heed to the genuine and legitimate requests of the complainant. Vide instant complaint, complainant has sought for the following reliefs:-
- Opposite party be directed to refund the amount of Rs. 60000/- alongwith interest @ 18% p.a. from the date of payment till realization ;
- Compensation to the tune of Rs. 20000/- alongwith litigation expenses to the tune of Rs. 10000/- may also be awarded to the complainant.
Hence, this complaint.
2. Opposite party did not put in appearance despite service of notice, as such it was ordered to be proceeded against ex-parte.
3. In his bid to prove the case Sh.Inderjit Lakhra,Adv.counsel for the complainant tendered into evidence duly sworn affidavit of the complainant Ex.C-1 alongwith documents Ex.C-2 to Ex.C-12 and closed the evidence on behalf of the complainant.
4. We have heard the ld.counsel for the complainant and have carefully gone through the record on the file.
5. From the perusal of the record, it becomes evident that opposite party offered membership of their concern for five years vide which opposite party had agreed to grant the membership to the complainant on payment of Rs. 80000/- and it was also agreed that opposite party will provide holiday booking to the complainant for every year 6 nights and 7 days stay in the hotel. It has been the case of the complainant that on the allurement of the opposite party, complainant became the member of the opposite party and paid a sum of Rs.45000/- to the opposite party vide receipt No. 5114 dated 21.8.2016 and Rs. 15000/- against receipt No. 5113 dated 21.8.2016 i.e. in all Rs. 60000/- was paid to the opposite party at Amritsar Copies of receipt of Rs. 45000/- accounts for Ex.C-3 as well as receipt of Rs. 15000/- accounts for Ex.C-4 on record. Thereafter the complainant asked the opposite party for his booking in the month of December 2016 but the opposite party refused to provide booking to the complainant . In this regard complainant approached the opposite party through letters as well as through e-mails, copies of which are Ex.C-5 to Ex.C-11 with the request to provide him booking as was agreed and assured by the opposite party . But the opposite party did not pay any heed to the genuine requests of the complainant and even did not bother to give reply to any of his letter/e-mails. The refusal on the part of the opposite party to provide booking to the complainant amounts to deficiency in service.
6. The evidence adduced by the complainant has gone unrebutted on record as opposite party, despite due service, did not opt to appear and contest the complaint and thereby the opposite party impliedly admitted the claim of the complainant, which further shows that the opposite party had no defence to offer for contesting the case of the complainant. In such a situation, the effective remedy available to the complainant would be the refund of the booking price. The act and conduct of the opposite party amount to deficiency in service.
7. Consequently we allow the instant complaint ex-parte with directions to opposite party to refund the amount of Rs 60000/- to the complainant. The complainant is also entitled to receive Rs. 5000/- as compensation for deficiency of service. Cost of the litigation are assessed at Rs. 2000/-. The Opposite Party is directed to comply with the order within 30 days from the date of receipt of copy of this order, failing which, the awarded amount shall carry interest @ 9% per annum from the date of passing of the order until full and final recovery. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated : 6.4.2017
