Chandigarh

DF-II

CC/146/2018

Harneet Kaur - Complainant(s)

Versus

Journeys Resorts Private Limited - Opp.Party(s)

In Person

13 Sep 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	146/2018
Date of Institution	:	07.03.2018
Date of Decision	:	13.09.2018

 

                                       

                       

 

1.     Harneet Kaur w/o Jagjit Singh r/o #930, Sector 11, Garden Colony, Kharar, District Mohali, Punjab.

 

2.     Jagjit Singh w/o Satinder Singh r/o #930, Sector 11, Garden Colony, Kharar, District Mohali, Punjab.

 

                                ...  Complainants.

Versus

1.     Journeys Resorts Private Ltd., Registered Office: 50, Sunder Nagar, New Delhi-110003 through its Chairman Rajiv Khanna

 

2.     Journeys Resorts Private Ltd., Corporate Office I.T. Composite Towers, Plot No.1, I.D.C. Mehrauli Road, Gurgaon-122001 through its Manager.

 

3.     Journeys Resorts Private Ltd., SCO No.222-223, 3^rd Floor, Sector 34-A, Chandigarh (Near ICICI Bank), through its Manager.

        (OP No.3 deleted vide order dated 24.07.2018)

 

…. Opposite Parties.

 

BEFORE:    SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

 

Argued by: Complainant in person.

                     OPs exparte.

 

 

 

PER RAJAN DEWAN, PRESIDENT

1.         In brief, the case of the complainants that they purchased a Jukaso Holiday Plan (for short JHP) for three years Mini Travel Plan from the OPs by paying Rs.39,000/- vide agreement dated 10.02.2017(Annexure C-1). As per the said JHP 3 years plan, they were entitled to 4 nights 5 days holidays every year along with the additional benefits as enumerated in para 2 of the complaint.  They sent reservation request for hotel booking in Mussorie for the duration 30.09.2017 to 02.10.2017 in a prescribed manner vide e-mail dated 14.09.2017, (Annexure C-7) and also sent reminder to this effect vide e-mail dated 16.09.2017(Annexure C-8).  However, ever after lapse of 8 days, they did not receive any confirmation mail from the OP and left with no option other than changing the holiday plan from 30.09.2017 to 20.10.2017 vide e-mail dated 21.09.2017(Annexure C-9).  Thereafter they received e-mail stating therein that the request was forwarded to the hotel and they will intimate them as soon they will get revert from the concerned property.  However, the complainants did not receive any booking confirmation or rejection mail on account of non-availability, they had no option other than doing booking themselves for other hotel in Mussorie.  They booked Dunsvirk Hotel in Mussorie and sent e-mail to the OPs regarding dissatisfaction for the services and sought refund of the entire money with interest.  However, the OPs have failed to refund the money despite repeated requests.   Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.         Despite due service through registered post, the Opposite Parties failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 16.05.2018.
3.         We have heard the complainants and have gone through the documents on record.
4.         In exparte evidence, one of the complainants has filed his detailed affidavit reiterating the averments as made in the complaint. The complainant have placed on record various documents as mentioned in the complaint which support their averments made in the complaint.  Besides this the opposite parties chose not to appear before this Forum.  Therefore, in the absence of any rebuttal from the side of the opposite parties, the version of the complainants, supported by the duly sworn affidavit, must prevail.  Failure on the part of the OPs to honour their commitments certainly amounts to deficiency in service as also indulgence into unfair trade practice and as such the complaint deserves to be allowed. 
5.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The Opposite Parties are directed as under ;-

1. To refund Rs.39,000/-  to the complainants received as membership fee.
2. To pay Rs.7,000/- as compensation for mental agony and physical harassment to the complainant.
3. To pay Rs.5,500/- as litigation expenses.

This order be complied with by the Opposite Parties, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(i) and (ii) shall carry interest @9% per annum from the date of institution of the complaint till its actual payment besides litigation expenses.

6.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

13.09.2018

Sd/-

 (RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER