Chandigarh

DF-II

CC/891/2019

Manoj Kumar Gulati - Complainant(s)

Versus

Journeys Resorts Pvt Ltd - Opp.Party(s)

D.D. Taneja Adv.

23 Jan 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	891 of 2019
Date  of  Institution	:	04.09.2019
Date   of   Decision	:	23.01.2020

 

 

 

 

Manoj Kumar Gulati son of Sh.Manohar Lal Gulati, R/o House No.3566, Sector 35-D, Chandigarh.

                               …..Complainant

Versus

1]  Journeys Resorts Pvt. Ltd., through its Branch manager at its Chandigarh Office, SCO 222-223, 3^rd Floor, Sector 34-A, Chandigarh

2]  Chairman/Director, Journeys Resorts Pvt. Ltd., Head Office, at I.T. Composite Towers, Plot No.1, IDC, Mehrauli Road, Gurgaon

                          ….. Opposite Parties

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

                                 

 

For Complainant :    Sh.D.D.Taneja, Advocate

For OP          :    Opposite Parties exparte

 

  

PER PRITI MALHOTRA, MEMBER

 

            Succinctly put, the case of the complainant is that on being allured by the assurance given by the representative of OPs that he be getting lots of benefits, took Membership of OPs and entered into an agreement to that effect Ann.C-1.  It is averred that the complainant paid Rs.37,500/- to the OPs towards the price of said membership (Ann.C-2).  However, the complainant on receipt of details sent through email dated 29.7.2016 (Ann.C-3) and after going through the features of the offer of OPs, found that the product offered is not as per the details explained at the time of sale and receipt of payment by the OPs.  As such, complainant visited the office of OPs/Jukaso Journey at Chandigarh for cancellation of the membership and refund of the amount.  It is stated that the complainant also sent request letter to the OPs by post on 5.8.2016 for cancellation and refund of amount (Ann.C-4 to C-6), followed by email dated 15.8.2016 (Ann.C-7).  It is submitted that the OPs kept on expressing regrets for the delay and assuring that the refund is under process, but till dated no refund has been made. Hence, this complaint has been filed alleging the above act & conduct of the OPs as gross deficiency in service and unfair trade practice. 

 

2]       The Opposite Parties did not turn up despite service of notice and hence it was proceeded exparte vide order dated 19.11.2019.

 

3]       Complainant led evidence in support of his contentions.

 

4]       We have heard the ld.Counsel for the complainant and have also perused the entire record.

 

5]        The whole evidence placed on record by the complainant corroborates the assertions set out in the present complaint. Ann.C-1 is the Agreement, dated 29.7.2016, entered into between the complainant and OPs for Holiday Package.  Ann.C-2 is the letter dated 5.8.2016 issued by the OPs about receipt of an amount of
Rs.37,500/- from the complainant.  Ann.C-3 is email dated 29.7.2016 sent by OPs to the complainant confirming the receipt of Rs.37,500/- from the complainant through credit card.  Ann.C-4 is the cancellation request sent by the complainant to the OPs.  Ann.C-5 is email dated 7.8.2916 sent by the complainant to the OPs for cancellation of membership and refund of amount, followed by subsequent emails Ann.C-6 to C-9 and finally a legal notice dated 18.7.2019 (Ann.C-10) was sent to the OPs.  The cancellation request Ann.C-4 as well as subsequent emails Ann.C-5 to C-9 and legal notice Ann.C-10 sent by the complainant proves the case of the complainant. 

 

6]       The complainant has not only proved the case by way of corroborative evidence, but also filed duly sworn affidavit in support of the allegations set-out in the complaint, which goes unrebutted and unopposed in the absence of Opposite Party.

 

7]       It is observed that the OPs did not come forward to contradict the allegations set out in the present complaint despite being duly served, which raised a reasonable presumption that the Opposite Parties have failed to render any service to the complainant and the complainant has made timely request for cancellation of membership and refund of amount paid to OPs.  As per record, it is clear that the Opposite parties had not been approached for any services by the complainant, rather it had been repeatedly requested by the complainant to refund the amount, as the standard form of contract in issue varies from the assured terms; which is not acceptable to the complainant.  The complainant well within his right applied for the cancellation of contract within the reasonable period. Thus, non-refund of the amount on the part of OPs, amounts to indulgence into unfair trade practice and a deficient act.

 

8]       Reiterated that all the pleas of the complainant have gone unrebutted and unchallenged in the absence of the OPs. Averments/allegations supported with duly sworn affidavit establish the case of the complainant. Therefore, the present complaint is allowed with direction to the Opposite Parties to refund an amount of Rs.37,500/- to the complainant along with interest @9% p.a. from the date of receipt i.e. 5.8.2016 till its actual payment.  The Ops are also directed to pay a compensation of Rs.10,000/- to the complainant for causing mental agony & harassment, along with litigation cost of Rs.7,000/-.

         This order shall be complied with by the OPs within a period of 30 days from the date of receipt of copy of this order, failing which they shall also be liable to pay additional cost of Rs.20,000/-.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.      

Announced

23rd January, 2020                       Sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

                                                Sd/-

 (PRITI MALHOTRA)

MEMBER