Punjab

Ludhiana

CC/18/406

Amarjit Singh Kalra - Complainant(s)

Versus

Holidays World India - Opp.Party(s)

Govind Puri adv

19 Feb 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 406 dated 26.06.2018                                                         Date of decision: 19.02.2021. 

 

Amarjit Singh Kalra, Advocate s/o S.Bishan Singh office at Chamber No.7008, Lawyer Chamber Complex Part-II, District Court, Ludhiana.                                                                                                            ..…Complainant

                                                Versus

1.M/s Holidays World India having office at Chamber No.1204, 12^th Floor, Ansal Tower, Nehru Place, New Delhi-110019, through its Directors.

2.Pardeep Choudhary, Director M/s Holidays World India having office at Chamber No.1204, 12^th Floor, Ansal Tower, Nehru Place, New Delhi-110019.

3.Parlad Singh, Director M/s Holidays World India having office at Chamber No.1204, 12^th Floor, Ansal Tower, Nehru Place, New Delhi-110019.

4.Arvind Singh Marketing Manager M/s Holidays World India having office at Chamber No.1204, 12^th Floor, Ansal Tower, Nehru Place, New Delhi-110019                                                                             …..Opposite parties

Complaint under Section 12 of Consumer Protection Act.

QUORUM:

SH. K.K. KAREER, PRESIDENT

MS.JYOTSNA THATAI, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh.Govind Puri, Advocate

For OPs                         :         Exparte.

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                Shorn of unnecessary details, the case of the complainant is that the OP4 who is representative of the OP1 to OP3 approached the complainant on 10.07.2016 and offered holiday membership scheme named as ‘Studio 10 years’ for a sum of Rs.1,15,000/-. The OP4 further represented to the complainant that in case he purchased the holiday scheme, the complainant would get 4 air return tickets to Dubai free of costs. A separate application form was got filled by the agent of the OPs on 10.07.2016. It was duly mentioned in the application form that the complainant was eligible for 4 free air tickets to Dubai. Believing the representation of the OPs, the complainant paid Rs.34,500/- as down payment through ICICI Bank Credit Card to purchase the said membership. A receipt of Rs.34,500/- was duly issued. The balance amount of Rs.40,250/- was to be paid by the complainant on receiving the 4 air tickets to Dubai from the OPs. However, to the utter shock and surprise of the complainant, he never received the promised 4 air tickets. The complainant tried to contact the OPs and asked them about the membership and 4 air tickets to Dubai which were promised but the OPs started making false excuses on one pretext or the others. Finding no other alternative, the complainant asked the OPs to refund the amount of Rs.34,500/- as they failed to fulfill the commitments. The complainant even served a legal notice to the OPs which was also not responded to by them. The act and conduct of the OPs not only amounts to deficiency in service but also to unfair trade practice. In the end, it has been requested that the complaint be allowed and the OPs be directed to refund the amount of Rs.34,500/- along with interest @8% per annum and further the OPs be directed to make the payment of Rs.50,000/- as compensation and litigation expenses of Rs.11,000/-.

 

2.                Notice of the complaint was issued to the OPs who did not turn up despite service and were proceeded against exparte.

3.                In exparte evidence, the complainant submitted his affidavit Ex.CA along with documents Ex. C1 to Ex.C7.

4.                We have heard the counsel for the complainant and have gone through the record on file very carefully.

5.                In the affidavit Ex.CA, the complainant has reiterated the entire case set forth in the complaint. The statement of the complainant has gone unrebutted on the file as the OPs have not come forward to contest the claim of the complainant and have been proceeded against ex-parte. It is definite case of the complainant that when the complainant applied for membership with the OPs for a sum of Rs.1,15,000/-, the OP1 to OP3, through their representative OP4, promised that the complainant would be given return free air tickets to Dubai on complementary basis and this condition was written in hand by the OP4 on the terms and conditions form attached with the application. In the receipt Ex.C2 issued by the OP4, it is mentioned that remaining 65% of the payment was to be made at the time of air tickets. The OPs did not respond to the legal notice Ex.C3 also. It is a clear cut case of deficiency of service on the part of the OPs as they did not fulfill the promise of free air tickets to the complainant. Therefore, on the basis of the unrebutted and unchallenged allegations made in the complaint supported by the affidavit Ex.CA of the complainant, this Commission is of the considered view that the OPs are liable to refund the amount of Rs.34,262/- deposited by the complainant with them vide receipt Ex.C2 along with interest @8% per annum from the date of filing of complaint till the actual payment.

6.                As a result of above discussion, the complaint is allowed ex-parte with an order that OP1 to OP3 shall refund the amount of Rs.34,262/- to the complainant along with interest @8% per annum from the date of filing of complaint till the actual payment. The OP1 to OP3 shall further pay a sum of Rs.5,000/- (Rupees Five Thousand only) as compensation and Rs.3,000/-(Rupees Three Thousand only) as costs of litigation expenses. The compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules.

7.                File be indexed and consigned to record room.    

8.                Due to rush of work and spread of COVID-19, the case could not be decided within the statutory period.

 

                           (Jyotsna Thatai)                                             (K.K.Kareer)

                    Member                                            President

Announced in Open Commission.

Dated:19.02.2021.

Gurpreet Sharma