Chandigarh

DF-II

CC/957/2017

Amit Jaiswal - Complainant(s)

Versus

Journeys Resorts Pvt. Limited - Opp.Party(s)

Gaurav Bhardwaj Adv.

12 Mar 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	957/2017
Date of Institution	:	26.12.2017
Date of Decision	:	12/03/2018

 

                                       

                                               

Amit Jaiswal s/o Sh.S.C. Jaiswal, H.No.2061/3, Sector 45-C, Chandigarh.

                                ...  Complainant.

Versus

 

1.     Journeys Resorts Pvt. Ltd., having Regd. Office: 50 Sunder Nagar, New Delhi-110003 through its Manager/Managing Director/Office in-charge.

 

2.     Journeys Resorts Pvt. Ltd., having Corporate Office: I.T. Composite Towers, Plot No.1, IDC Mehrauli Road, Gurgaon-122001 through its Manager/Managing Director/Office in-charge.

…. Opposite Parties.

 

BEFORE:    SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

 

Argued by: Sh.Gaurav Bhardwaj, Adv. for the complainant

                 OPs exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.         In brief, the case of the complainant that he received repeated calls from the representative/official of the OPs in January, 2017 that he is one of the lucky persons chosen by them for grant of one time free coupon for 3 Nights 2 Days stay in any of its resorts and as such he along with his wife had to visit their office at Sector 8, Chandigarh.  It has further been averred that the officials of the OPs then and there convinced the complainant and his wife to part with a sum of Rs.34,000/- through a debit card on 24.01.2017 for becoming their member whereas they were invited for grant of free coupon for 2 days 3 nights stay in any of resorts of the OPs.  He paid the remaining amount of Rs.2,000/- in cash on 25.01.2017 and in total he paid a sum of Rs.36,000/- to the OPs for getting three years membership.  During vacations in June, 2017, he visited the OPs to discuss the vacation plan but he shocked to see that their office was closed many months ago and even the mobile numbers of their officer namely Mr.Kuldeepak Sharma do not exist anymore.   Left with no other option, he even tried to book the hotel in June, 2017 through the website of the OPs, although the site accepted the membership number but showed error ‘2900’ and thus no resort could be booked. Finally, he got served a legal notice dated 04.02.2017 upon the OPs requiring them to end the contract and to refund the deposited amount but to no effect. 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 20.02.2018.
3.         We have heard the learned counsel for the complainant and have gone through the documents on record.
4.         In exparte evidence, the complainant has filed his detailed affidavit reiterating the averments as made in the complaint. He has also placed on record a copy of the welcome letter along with certificate of membership bearing Membership No.129953 (Annexure C-1) issued by the OPs.   He has also placed on record a copy of the agreement vide which the OPs have received a sum of Rs.34,000/- as down payment price towards the holiday package.  He has also placed on a copy of the receipt dated 25.01.2007 vide which OPs further received a sum of Rs.2,000/- towards the membership. Annexure C-3 is a copy of the legal notice got served by the complainant upon the OP vide which he had ended the relationship with the OPs and requested to refund Rs.36,000/- with interest.  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, therefore, amounts to deficiency in service and 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.36,000/-  to the complainants received as membership fee.
2. To pay Rs.7,000/- as compensation for mental agony and physical harassment.
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 payment of litigation costs.

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

Announced

12/03/2018 

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

 (PRITI MALHOTRA)

MEMBER