DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GURGAON-122001.
Consumer Complaint No: 360 of 2014 Date of Institution: 07.10.2014 Date of Decision: 02.11.2015.
Saurabh Gupta, FF, House No.1267, Sector-46, Gurgaon, Haryana-122002.
……Complainant.
Versus
- The Manager, Journeys By Jukaso, CT Central Mall, 2nd Floor, Office No.203, Behind COC Plam Resort, Nearby MG Road Metro Station, Gurgaon, Haryana.
- The Managing Director, Jukaso Resort Pvt. Ltd., I.T. Composite Tower, Plot No.1, IDC Mehrauli Road, Gurgaon, Haryana.
..Opposite parties
Complaint under Sections 12 & 14 of Consumer Protection Act,1986
BEFORE: SH.SUBHASH GOYAL, PRESIDENT.
SMT JYOTI SIWACH, MEMBER
SH.SURENDER SINGH BALYAN, MEMBER.
Present: Sh. Saurabh Gupta, complainant in person
OPs No.1 & 2 exparte
ORDER SUBHASH GOYAL, PRESIDENT.
The case of the complainant, in brief, is that on 14.06.2014 he bought a membership of OP-1 by paying Rs.80,000/- through his credit card. On 06.08.2014 he received his membership card bearing No.00102027. The complainant was offered a red class membership where he would get the priority. The complainant was told that the cost of the membership was Rs.95,000/- and after discount he has to pay Rs.90,000/- which can be paid in 24 equal EMIs with no interest but complainant was charged Rs.80,000/-and got 24 EMIs done from his HDFC Bank only with interest, leading to total payment of Rs.93,000/- appro to HDFC Bank. The complainant was also offered 50 % off on airfare and much more. He applied to book a holiday for Nainital from 28.06.2014 but the opposite party failed to arrange the same on his selected dates. Thus, he decided to withdraw and cancel the membership and refund of his money. He requested the opposite parties to refund the amount paid by him with interest but of no use. Thus, the opposite parties are deficient in providing services to the complainant. The complainant prayed that the opposite parties be directed to refund Rs.93,000/- with interest and also to pay Rs.10,000/- as compensation for harassment and mental agony and Rs.4,000/- towards cost of litigation.
2 Notice of the complaint was given to the opposite parties. However, despite service opposite parties failed to appear before this Forum and were proceeded exparte on 17.12.2014.
3 We have heard the complainant and perused the record available on file carefully.
4 Therefore, from the facts and circumstances of the case, evidence on the file and the arguments advanced by the complainant, it emerges that the complainant has filed the present complaint against the OPs alleging deficiency of service on their part on the ground that he bought membership of the opposite parties by paying Rs.80,000/- through his credit card on 14.06.2014 and he has received membership No.00102027. He was offered a red class membership. He was told that the cost of the membership was Rs.95,000/- and after discount he has to pay Rs.90,000/- which can be paid in 24 EMIs with no interest but he was charged Rs.80,000/- and got 24 EMIs done from his HDFC Bank only with interest, leading to total payment of Rs.93,000/-. He was also offered 50 % off on airfare and much more. He applied to book a holiday for Nainital from 28.06.2014 but failed to arrange the same and thus, the opposite parties were deficient in providing services. Consequently, he applied for cancellation of membership and refund of the amount of Rs.93,000/-.
5 Therefore, after going through the facts and circumstances of the case and the evidence placed on file it is evident that the complainant has paid Rs.80,000/-for purchasing the membership of OP-1 and was allotted membership No.00102027 (Annexure-1). The complainant alleged that when he booked a holiday for Nainital from 28.06.2014 but the opposite parties failed to arrange the same and thus, he opted to withdraw his membership and sought refund of the amount with interest. The above said version of the complainant goes unrebutted as the opposite parties failed to appear before this Forum to contest the matter and thus, there is no reason to disbelieve the version of the complainant.
6 Therefore, we hold that there was deficiency in service on the part of the opposite parties and direct the opposite parties to refund Rs.80,000/-with interest @ 9 % p.a. from the date of filing of the present complaint i.e. 07.10.2014 till realization. The complainant is also entitled to Rs.5,000/- for harassment and mental agony as well as litigation expenses. Opposite parties shall make the compliance of the order within 30 days from the date of receipt of the copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the records after due compliance.
Announced (Subhash Goyal)
02.11.2015 President,
District Consumer Disputes
Redressal Forum, Gurgaon
(Jyoti Siwach) (Surender Singh Balyan)
Member Member
