BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.191 of 2017
Date of Instt. 15.06.2017
Date of Decision: 30.01.2018
1. Baljeet Kaur aged 33 wife of Sh. Ravinder Singh.
2. Ravinder Singh aged 37 S/o Sh. Pragat Singh
Both are residents of House No.51, New Defence Colony, PO- PAP Lines, Rama Mandi, Jalandhar Cantt.
..........Complainants Versus
1. HOLIDAYS WORLD INDIA, through its manager, Chamber No.1204, 12th Floor Ansal Tower, Nehru Place, New Delhi.
2. MD Yusuf, Manager of Holidays World India.
3. Arvind Singh, Senior Manager of Holidays World India.
Both are residents of Chamber No.1204, 12th Floor Ansal Tower, Nehru Place, New Delhi.
..….…Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Harvimal Dogra (Member)
Present: Sh. Paras Chadha, Adv Counsel for the Complainant.
OP No.1 to 3 exparte.
Order
Harvimal Dogra (Member)
1. The present complaint has been filed by the complainants Baljeet Kaur and Ravinder Singh against the Ops/Holidays World India and Others on the allegations of deficiency in service and further prayed that an order may be passed to direct the OPs to refund the amount of Rs.68,500/- alongwith Rs.20,000/- on account of deficiency in service and mental harassment and further Rs.5000/- as litigation expenses.
2. The brief facts of the case are that the complainant Ravinder Singh got a phone call from the OP No.1 through its Manager MD Yusuf on morning of 15.10.2016 to attend the saminar at Hotel Presidency, Jalandhar. That as per the schedule given by the OPs, the complainants reached at above said place, where the OP No.2 and 3 attended the complainants and explained his membership cum vacation offer. In this plan there was membership for five years and no annual charges has to be paid and also a Singapore family package including air tickets, the whole plan was on Rs.68,500/-. That as per the assurance made by the OPs, the complainant Ravinder Singh swipe his debit card of AXIS Bank for Rs.23,500/- and SBI Credit Card for Rs.45,000/-. OP No.2 also issued a receipt of Rs.68,500/- bearing No.5305 dated 15.10.2016 for whole plan. The OPs also took signatures of the complainants on a membership form, which was pre-filled and assured the complainants that a membership card and a hotel/resort list, where the complainant can stay would be sent soon. They also assured to send user name and password for online booking of hotels/resorts of OP soon. The complainants approached the OPs many times on telephone and also send the E-mails, but the OPs did not make a single satisfactory reply regarding the Singapore trip and the OPs failed to send the documents. That on 27.12.2016, the complainants received the parcel send by the OPs, which includes welcome letter, membership card and membership certificate bearing No.PBJL2016HW1225. Further the membership certificate mentioned category of complainant as apartment type-studio, holiday session blue, year of commencement of membership-2016 and termination year of membership-2020. The membership certificate also stated that the complainants have to pay a sum of Rs.6800/- as annual membership, told by the OPs. However, the OP has not defined the term “studio” & “blue” member thus keeping the complainants totally in dark, working of OPs is not transparent. That thereafter, the complainants approached the OPs many times on telephone and also send the email for requesting the OPs to send the Singapore family package and about annual maintenance charges, but the OPs did not make a singly satisfactory reply. Due to the unprofessional dealing, the complainants are suffering a lot from the hands of the OPs, which created mental tension, harassment and loss of business. Hence, this complaint.
3. After formal admission of the complaint, notice was issued to the OPs, but despite service OPs failed to appear and ultimately, OPs were proceeded against exparte.
4. In order to prove his exparte claim, the counsel for the complainant tendered into evidence affidavit of the complainant Ex.CW1/A alongwith some documents Ex.C-1 Bank Statement of Axis Bank, Ex.C-2 Bank Statement of SBI Card, Ex.C-3 Receipt of the OP, Ex.C-4 Copy of Welcome Letter, Ex.C-5 Membership Certificate given by the OPs, Ex.C-6 to Ex.C-11 Copies of E-mails sent by the complainant to the OPs and then closed the evidence on behalf of the complainant.
5. We have heard the learned counsel for the complainant and also gone through the case file very minutely.
6. The brief allegations of the complainants are that the complainant No.2 Ravinder Singh was allured by the OP No.2 Manager of Holidays World India, by calling on telephone to attend the Seminar at Hotel Presidency, Jalandhar on 15.10.2016, where the OPs No.2 and 3 explained his membership-cum-vacation offer, in this plan there was a membership of five years and no annual charges have to pay to the complainant and also a Singapore family package, including air tickets and whole plan was for Rs.68,500/-. The complainant accepted this plan and accordingly, paid an amount of Rs.23,500/- through Debit Card of Axis Bank and further paid Rs.45,000/- through Credit Card of SBI, both the banks are situated at Jalandhar and payments have been made at Jalandhar and even the statement was also ripened at Jalandhar and accordingly, the complainant produced on the file statement of account of both the banks, which are Ex.C-1 and Ex.C-2, regarding that payment, the OP issued a receipt for an amount of Rs.68,500/-, copy of the same is Ex.C-3 and thereafter, the OP sent a Welcome Letter i.e. Ex.C-4 and Membership Certificate, copy of the same is Ex.C-5, after accepting the complainants as members of the Holiday World India, the OPs did not bother to send the complainant alongiwth his family to a tour to Singapore and as such, the complainant sent number of email request, the same are Ex.C6 to Ex.C11, but admittedly no proper response was given by the OP to the said email request of the complainant. It is established on the file that the complainant has paid an amount of RS.68,500/- for a Singapore tour, but the OPs did not bother to send the complainant and his family to Singapore and as such, the complainant is entitled for refund of the same alongiwht litigation expenses as well as compensation because the OPs did not bother to appear in this complaint despite service to contest their case. So, accordingly, the exparte complaint of the complainant is partly accepted and OPs are directed to refund the amount of Rs.68,500/-, paid by the complainant and further OPs are directed to pay a compensation of Rs.7000/- and litigation expenses of Rs.3000/-. The entire compliance be made within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
7. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Harvimal Dogra Karnail Singh
30.01.2018 Member President
