Haryana

Kurukshetra

220/2018

Shamsher Singh - Complainant(s)

Versus

Holidays World - Opp.Party(s)

Balinder Pal Saini

01 Mar 2019

ORDER

BEFORE THE  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KURUKSHETRA.

Complaint Case No.220 of 2018.

Date of instt.:04.10.2018.

                                                                      Date of Decision:1.3.2019.

 

Shemsher Singh Malik son of Sh.Randeep Singh resident of Village Mahuwa Kheri, P.O.Jandhola, Tehsil Ladwa, District, Kurukshetra, now residing at House No.87-A, Sector-9, SRS Lotus City, Kurukshetra.

                                                                ……….Complainant.                               Versus

 

1. Holidays World India, Chamber No.1204, 12^th Floor, Ansal tower, Nehru Place, New Delhi-110019(India) through its authorized signatory.
2. Poonam Kumar, AM Customer Relations Holidays World India, Chamber No.1204, 12^th Floor, Ansal Tower, Nehru Place, New Delhi-110019(India).

..………OPs.

 

COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986. 

                                                                                               

Before           Smt. Neelam Kashyap, President.

                    Ms. Neelam, Member.

                    Sh. Sunil Mohan Trikha, Member.

 

Present :        Sh.Balinder Pal Saini, Advocate for complainant.

                    OPs already exparte.

                                     

ORDER

 

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Shemsher Singh Malik against Holidays World Tower and others, the opposite parties.

2.            Brief facts of the present complaint are that the Ops contacted the complainant on mobile and invited the complainant on 27.10.2016 at hotel Place, Red Road, Kurukshetra for introducing their Holidays world India Package about the luxurious stay during vacations in Jaipur, Shimla, Manali, Goa, Kearla and other Hill station/tourist places in India.  It is alleged that he went to the Grace Place at Kurukshetra.  Opposite party No.2 on behalf of opposite party No.1 and the officials of opposite parties namely Yusuf and Shweta induced him for purchasing their package by giving false assurances of good services.  He paid an amount of Rs.15,500/- to the officials of the opposite party.  The opposite parties issued a welcome letter dated 20.12.2016, card and receipt of amount received to him and assured to him to provide good services.  So, he becomes the member of Opposite Parties.  The Ops also assured him that they would provide the luxurious faculties to him for a period of two years for six nights and seven days for six adult and kids plus three nights and four days.  It is further alleged that he wants to go to Manali, H.P in the month of August, 2018.  That before August, 2018 he informed the Ops about the stay in Manali for 6 persons and adult as per Scheme introduced by the Ops, but firstly Ops lingered on the matter on one pretext or the other and no satisfactory reply was received and Ops stated that they would provide the facility only to one member in place of six persons and kids.  Thereafter, he lodged a complained to the service centre and the officials of the service centre refused to provide any service for stay.  Thereafter, he demanded his money back and to cancel the tour package, but the Ops postponed the matter on one pretext or the other and thereafter assured him that would do the needful in the matter and would provide the service of stay.  It is further alleged that Ops have played fraud with him and have induced him and grabbed the hard earned money.  This is the great deficiency in services on the part of OPs.   He prayed for acceptance of complaint with the direction to Ops to pay sum of Rs.15,500/- alongwith interest @18% per annum and further to pay Rs.50,000/- as compensation for harassment and mental agony as-well-as as litigation charges. Hence this complaint.  

3.             Upon notice, the Ops did not appear and opted to proceed against ex-parte vide order dated 4.2.2019.

4.             The complainant tendered into evidence affidavit, Ex.CW-1/A and documents Ex.C-1 to Ex.C-6 and thereafter, closed the evidence.  

5.             We have heard the learned counsel for the complainant and perused the case file carefully and minutely.

6.             From the approval Form and Welcome letter, Ex.C-1 & Ex.C-2 it is clear that the complainant is the member of Holidays World India, which down payment is Rs.15,500/-. From the cash memo, Ex.C3 it is clear that the complainant purchased the member ship card from the OPs.  The grievance of the complainant is that they did not provide the facility.  The complainant has supported his versions in the affidavit, Ex.CW1/A so set out by him in the complaint.  Besides the affidavit, the complainant has supported his versions by the documents Ex.C-1 to Ex.C-6.  Whereas, on the other hand, the Ops did not appear and opted to proceed against ex-parte.  So, there is no rebuttal on the part of Ops.  Hence, the evidence adduced by the complainant goes un-rebutted and unchallenged.  In view of the same, we find that the complaint filed by the complainant is as genuine and the Ops are deficient while rendering services to the complainant.

6.             Thus, as a sequel of above discussion, we allow the complaint ex-parte and direct the Ops to refund the amount of Rs.15,500/- to the complaint and further to pay Rs.5,000/- as lump sum compensation on account of harassment, mental agony and litigation charges.    All the Ops are jointly and severally liable.  Let the order be complied with within 30 days from the date of preparation of copy of this order, failing which, the complainant shall be entitled interest @ 9% p.a. from the date of order till its realization.  A copy of this order be sent to both the parties free of costs.  File be consigned to the record room after due compliance.

Announced in open court:

Dt.:1.3.2019.     

                                                                (Neelam Kashyap)

                                                                        President.

 

 

(Sunil Mohan Trikha),           (Neelam)       

Member                             Member.