Punjab

Fatehgarh Sahib

CC/11/2020

Gobind Singh - Complainant(s)

Versus

Journeys Resorts Pvt Ltd - Opp.Party(s)

Sh Damandeep Singh

02 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                            COMMISSION

                      FATEHGARH SAHIB.

                                                             

Consumer  Complaint No.	:	CC/11 of 2020
Date of Institution	:	07/02/2020
Date of Decision	:	02/05/2023

 

 

Gobind Singh, aged about 48 years, son of Mohinder Singh, resident of 175, Modern Valley, Chandigarh Road, Near Jain Mandir, Sirhind, Tehsil and District Fatehgarh Sahib.

 

                                                                                                       …………....Complainant

 

                                                Versus

 

1. Journeys Resorts private Limited ( Jukaso Journeys) , Having its Registered office at Sector-14 , Ginger hotel, Gurgaon (Haryana), through authorized person Mr. Gautam.
2.  Journeys Resorts private Limited , Having its corporate office at I. T. Composite Towers, Plot No.1, I.D.C., Mehrauli Road, Gurgaon-122001 (Haryana) ), through its authorized  Person.
3. Noor Mehal Regency, Chunni Road, Sirhind/Fatehgarh Sahib, through its Manager/Authorized Person .    

 

 

..………....... Opposite Parties

Complaint under Section 12 of Consumer Protection Act 1986(Old)

Quorum

 

Sh. S.K. Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

 

Present: Sh.Damandeep Singh, counsel for complainant.

              OPs Ex-Parte vide order dated 04.11.2022.

 

   

The  complaint has been filed against the OPs (opposite parties)  under Section 12 of Consumer Protection Act-1986 (Old) alleging deficiency in service with the prayer for giving direction to the OPs to refund   Rs.40,500/- ( along with  interest ), down payment made  by the complainant. Prayer has also been made  to pay Rs.2,00,000/-  along with interest  @ 24 % P.A. , as compensation on account of mental agony and Rs.15,000/- as litigation expenses.

1. The OPs no.1 and 2 are running business of resort and enroll persons for  Journey Holiday Plan ( JHP ) scheme by organising function at different resorts .  The OPs organised function for enrolment of members at premises of OP no.3 in the year 2016, which was attended by the complainant who got himself enrolled as member for availing “Journey holiday plan (JHP)-3 years, mini travel plan white season” . The OPs issued membership certificate with membership no.115156 and contract no. 36674. The complainant paid Rs.40,500/- to OPs, as per their demand.  Due to some family problems and engagements complainant could not avail the holiday package for the year 2016, 2017 and 2018. Thereafter, the complainant planed to go on holiday and approached the OPs Chandigarh office , but  found the said office closed. The complainant tried to contact OPs through Toll free no.18001030203, but in vain.  On 26.8.2019 complainant sent registered notice to OPs no.1 and 2 requesting to  book a holiday package for complainant or return the amount , which was received by them.  Inspite of this notice the OPs no.1 and 2 neither gave any reply nor made any payment to the complainant .  Hence, this complaint.
2.         Notice of the complaint was given to the OPs  through registered Post, . OPs  not appeared, despite service of summons, as such OPs were  proceeded against Ex-Parte for non appearance vide order dated 4.11.2022 .
3.      In support of his complainant, tendered in evidence  his affidavit Ex.CW1/A along with copies of documents i.e.  Ex.C1 membership certificate,  Ex.C2  Gift certificate,  Ex.C3 letter dated nil by OPs to complainant, Ex.C4 membership card, Ex.C5 agreement, Ex.C6 Legal notice , Ex.C7 and Ex.C8 Postal receipts and closed his evidence.
4. Heard, Entire record has been perused.
5. Admittedly, the complainant had obtained certificate of membership from OPs bearing membership no. 115156 and contract no.36674 with commencing  date  27.10.2016 , having  membership period of 3 years vide Ex.C1.  The complainant and OPs had entered into an agreement and the down payment of Rs.40,500/- made by the complainant  is also proved vide Ex.C5.  The complainant has proved the legal notice dated 26.8.2019 to the OPs vide Ex.C6 .  The said legal notice was issued on 26.8.2019  and was  well within the  contract period which was upto  October 2019 as proved  vide Ex.C3. Therefore, the OPs have failed to offer  the promised services to the  complainant as per the  agreement proved vide Ex.C5 and certificate of membership proved vide Ex.C1 and Ex.C4.  In view of  the aforesaid discussion and evidence on record , the OPs have failed to discharge their contractual obligations towards complainant and have chosen not to even contest the complaint , proving clear cut deficiency in service.
6. As  a corollary of our above discussion, the present complaint is partly allowed.  OPs no.1 and 2 are held  jointly & severally liable for deficiency in service. The OPs no.1 and 2 are directed as under:-

[a] To refund Rs.40,500/- to the complainant along with interest@ 6% P.A from the date of filing of complaint within 30 days, failing which interest @ 9% P.A. shall be payable.

          [b]  To Pay Rs.10,000/- compensation for harassment.

          [c]  To Pay Rs.5,000/- as litigation charges to the complainant. 

    Compliance of the order be made by the OPs no.1 and 2 within30 days from the date of receipt of certified copy of this order. Failing which the complainant shall be entitled to recover the above said amount through legal process. The complaint could not be decided within the statutory period due to pandemic of Covid-19 and paucity of staff. Copy of this order be sent to the complainant and the OPs as per rules. File be consigned to record room.   

Pronounced 2 May 2023.                                      

                                                                    (S.K. Aggarwal)

                                                                            President

                                                                     

    

                                                                           (Shivani Bhargava)

                                                                             Member

 

                                                                           ( Manjit Singh Bhinder )

                                                                                   Member