Delhi

East Delhi

CC/72/2020

V.B. SHARAN ( SR. CITIZEN) - Complainant(s)

Versus

JOURNEY RESORTS - Opp.Party(s)

07 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No.72/2020

 

 

	Vijay Bihari Sharan(@ V.B. Sharan) Flat No. 182-B, Pocket ‘A’, Mayur Vihar, Phase-II, Delhi-110091	….Complainant
Versus
	M/s Journeys Resorts Pvt. Ltd., (Also known as : JukasoJourney.com) Regd. Office; 50, Sunder Nagar, New Delhi-110003. Through its CEO/Directors	……OP

 

Date of Institution: 17.03.2020

Judgment Reserved on: 07.06.2023

Judgment Passed on: 07.06.2023

                       

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms.Rashmi Bansal (Member)

 

Order By: Shri S.S. Malhotra (President)

 

ORDER

1. By this order Commission shall dispose off the present complaint filed by the complainant who is senior citizen w.r.t. deficiency in service in not providing the requisite services to the complainant against the agreed services.
2. Brief facts as stated by the complainant in the complaint are that the representative of the company met the complainant on 03.09.2016 and urged him to become the member of resorts of OP and after explaining rosy picture w.r.t. services and facilities of the resort informed the complainant that although the membership amount for 5 years is of Rs. 60,000/- yet the same can be paid in 30 EMI of Rs. 2000/- of each and believing his version complainant agreed to become the member of OP resort. It is further stated that when the complainant gave his credit card for deduction of Rs. 2000/- for becoming the member of the said resort the representative of OP fraudulently swapped Credit Card of the complainant for full of Rs. 60,000/-  instead of Rs. 2000/- and he simultaneously objected to the same upon which it was assured that they would return Rs. 58,000/- but it was never returned. Not only this, when complainant received the bunch of papers from the OP w.r.t. terms & conditions  of the membership as he was made a member along with his wife as co-applicant and while through the terms & conditions it transpired that all such terms & conditions which were unilateral. He then approached the OP and told them that the promises which were made as per the terms & conditions and facilities which were agreed to be provided by the OP’s representative were totally different than those, what was mentioned in writing on the terms & conditions and as such complainant wrote a complaint for cancellation of his membership on account of mis-representation and accordingly company vide letter dated 05.07.2018 wrote to the complainant that they are agreeable for cancel of the membership and would refund the amount within 90 days but neither the amount was refunded nor terms & conditions were changed and ultimately he served a legal notice upon the OP which is also not complied with and as such the complainant filed the present case seeking refund of Rs. 60,000/- which was deposited by the complainant, to pay interest @18% p.a. to pay compensation of Rs. 50,000/- and litigation charges of Rs. 25000/-
3. The OP was served but did not appear and was proceeded ex-parte vide order dated 18.11.2022. The complainant has filed his evidence as well as written argument.
4. The Commission has heard the argument and perused the records. The fact that complainant became member of the resort being run by the OP and he paid Rs. 60,000/- to the OP and also that he wrote various letters to the OP for cancellation and further the letter of the complaints that they are willing in cancelling the membership of the OP are the facts appear to be well found and has been proved by the complainant.
5. Since OP is running ex-parte, the Commission does not have any opportunity of hearing the OP, therefore facts/contentions as mentioned by the complainant are otherwise deemed to be admitted. Further the Commission is of the opinion that as per pleadings the complainant never enjoyed any facility of the OP and it is also not disputed that the OP has accepted his request for cancellation of the membership of the complainant. The OP therefore is liable to cancel the membership and have to refund the amount.  
6. Since OP is running ex-parte, it has not come on record as what are the terms & conditions of the membership or whether the amount is refundable or if so, to what extent, what were the facilities which were to be provided and what was the amount which was liable to be returned or which was liable to be forfeited in case of cancellation of membership nor it has come of record within which period the complainant could have exercised the option of denouncing the membership. In absence on all this facts, contention of the complainant is at better footing & therefore the Commission of the opinion that the complainant has able to prove that there were certain deficiencies in not refunding the amount by the OP. Accordingly the Commission hereby orders that OP pay refund of Rs.60,000/- with interest @6% p.a. from the date of filing the claim till the date of actual realisation. The OP would also pay Rs.10,000/- as compensation and pay Rs.7500/- as litigation charges.

This Order be complied within 30 days from the date of receiving the same & in case the OP could not pay the amount within 30 days the rate of interest would be @9% from the date of filing the case upto the date of realization on the entire amount including of compensation amount.           

3.  opy of the Order be supplied/sent to the Parties free of cost as per rules.

File be consigned to Record Room.

Announced on 07.06.2023.