Chandigarh

DF-I

CC/223/2017

Neeraj Sachdeva - Complainant(s)

Versus

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

Nikunj Dhawan

24 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

                               

Consumer Complaint No.	:	CC/223/2017
Date of Institution	:	14/03/2017
Date of Decision	:	24/01/2018

 

1.     Neeraj Sachdeva, Add: H.No.735, MIG Super, Phase-11, Mohali.

2.     Sarabjeet Kaur, Add: H.No.735, MIG Super, Phase-11, Mohali.

…..Complainants

V E R S U S

1.     Journeys Resorts Private Ltd., Add : SCO 6-7, 2^nd Floor, Sector 8-C, Chandigarh-160009 through its Manager/Proprietor. [Deleted vide order dated 6.10.2017].

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

……Opposite Parties

CORAM :	MRS.SURJEET KAUR	PRESIDING MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

                                       

                       

ARGUED BY	:	Sh. Nikunj Dhawan, Counsel for complainants.
	:	OP-1 deleted
	:	OP-2 ex-parte.

Per Surjeet Kaur, Presiding Member

1.         The facts of the consumer complaint, in brief, are that the complainants purchased membership from Journeys Resorts Private Ltd. (OP-1) and made payment of Rs.40,000/-. As per the agreement of contract, membership was for 3 years.  On 7.9.2016, the complainants got welcome email alongwith property list mentioning different destinations. Thereafter the complainants opted for Udaipur as destination vide telephone call and also through email dated 24.11.2016.  On 25.11.2016, the complainants got email from OP that currently they do not have availability in Udaipur. On 16.12.2016, the complainants emailed the company to confirm booking for 4.1.2017, but, received the same reply. The complainants vide email dated 21.12.2016 again requested the OP to confirm the bookings for 4.1.2017, but, no further reply came from the company.  Subsequently, vide email dated 24.12.2016, the complainants gave a notice regarding cancellation of the contract, but, neither the refund was made nor anybody contacted the complainants. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, the complainants have filed the instant complaint.
2.         In view of endorsement made by the Counsel for the complainants on the title of the consumer complaint, name of OP-1 was deleted from the array of OPs vide order dated 6.10.2017.
3.         OP-2 did not appear despite due service, therefore, vide order dated 9.5.2017, it was proceeded ex-parte.
4.         The complainants led evidence in support of their contentions. 
5.         We have gone through the record and heard the arguments addressed by the learned Counsel for the complainants.
6.         It is evident from Annexure C-2 that the complainants paid an amount of Rs.40,000/- to become member of OPs vide Annexure C-1. Annexure C-4 is the copy of the email of the OPs to the complainant disclosing their various list of properties, email address and also the user name and password of the complainant.  As per the case of the complainants, they requested the OPs for a trip to Udaipur on 24.11.2016, but, despite exchange of various emails between the complainants and the OPs, no fruitful result was there and the OPs did not confirm the booking. Thereafter, being harassed by the attitude of the OPs, vide email dated 24.12.2016, the complainants requested the OPs for the cancellation of the contract and sought refund, but, the same was never replied.
7.         OP-2 did not appear to contest the claim of the complainants and preferred to proceed against ex-parte.  This act of OP-2 draws an adverse inference against it.  The non-appearance of OP-2 shows that it has nothing to say in its defence against the allegations made by the complainants. Therefore, the assertions of the complainants go unrebutted and uncontroverted qua OP-2.
8.         From a perusal of the record it is clear that the complainants paid an amount of Rs.40,000/- to the OPs to become their member.  To avail the facility of the resorts of the OPs for desired destination at Udaipur, despite various requests by the complainants, till date no services have been provided by the OPs.  Even the notice sent by the complainants for the refund and the cancellation of the membership has not been replied by the OPs. We feel that the inaction on the part of the OPs for not accepting the request of the complainants to visit the desired destination, repeated refusal through emails due to non-availability of accommodation at their resort, non-responding to the notice of the complainants and most importantly, non-appearing during the proceedings of the present case proves deficiency in service and unfair trade practice on their part which certainly caused mental and physical harassment to the complainants.  However, since the name of OP-1 has already been deleted from the array of parties, therefore, no relief can be granted against it.
9.         In view of the above discussion, the present consumer complaint deserves to succeed and the same is accordingly partly allowed. OP-2 is directed as under:-

1. To immediately refund the membership fee of Rs.40,000/- to the complainants.
2. To pay Rs.8,000/- to the complainants as compensation for mental agony and harassment caused to them;
3. To pay to the complainants Rs.7,000/- as costs of litigation.

10.         This order be complied with by OP-2 within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
11.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
24/01/2018	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member