Chandigarh

DF-I

CC/237/2020

Tarjeet Singh - Complainant(s)

Versus

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

Sidhi Bansal & Ridhi Bansal

24 Aug 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/237/2020
Date of Institution	:	30/07/2020
Date of Decision	:	24/08/2021

 

1. Tarjeet Singh s/o Late Sh. Bhagat Singh r/o House No.3406, SAT Enclave, Sector 49D, Chandigarh 160047.
2. Jagwant Kaur d/o Sh. Tarjeet Singh r/o JSK Collection, #M489, Guru Harkrishan Nagar, Pachim Vihar, New Delhi-110087.

… Complainants

V E R S U S

Journeys Resorts Pvt. Ltd. through its Managing Director having registered office at 50, Sunder Nagar, New Delhi-110003; Corporate Office at IT Composite Towers, Plot No.1, Near Maharana Partap Chowk, Industrial Development Corporation, Mehrauli Road, Sector 14, Gurgaon-122001.

… Opposite Party

 

CORAM :	SHRI RAJAN DEWAN	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Ms. Sidhi Bansal, Counsel for complainants
	:	OP ex-parte.

 

Per Rajan Dewan, President

1.      Allegations in brief are, officials of the OP approached the complainants in the year 2016 for membership and introduced 5 year Mini Travel Plan and promised hotel accommodation for 5 years on annual basis for 4 nights/5 days. On inducement of the OP, complainants made upfront payment of entire consideration of ₹65,000/- and they were inducted as members on 6.10.2016. The complainants were entitled to 4N/5D holiday every year in white season as specified in Certificate A. Initially complainants enjoyed benefits of membership and availed holidays to Mussoorie in August 2017 and January 2018, though they had to face sufficient hardships.

         The complainants vide email dated 18.5.2018 booked holiday for 6 adults and 3 children from 10.6.2018 to 13.6.2018 at Dharamshala, but, the same was arbitrarily turned down by the OP citing no cogent and reasonable reason. Feeling aggrieved, the complainants contacted the OP at its Chandigarh branch and also wrote email dated 29.9.2019 for redressal of their grievance, but, to no avail.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OP, the complainants have filed the instant consumer complaint. 

2.     Registered notice was sent to the OP which was presumed to have been served. Since none appeared on behalf of the OP, therefore, vide order dated 17.11.2020 of this Commission, it was proceeded against ex-parte.
3.     Annexure C-1 is the copy of certificate of membership issued by the OP.  Annexure C-2 is the copy of agreement executed on 6.10.2016 in which the price of the Holiday package was mentioned as ₹65,000/- and the OP admitted to have received the down payment of ₹65,000/-. Annexure C-3 is the copy of the email dated 18.5.2018 vide which the complainants made request for reservation at Dharamshala. Annexure C-4 is the copy of email dated 29.9.2019 vide which complainant No.1 raised grievance with the OP and conveyed dissatisfaction and further requested them to resolve the issue failing which to terminate the membership and refund the whole amount, but, all requests of the complainants fell on the deaf ears of the OP. 
4.     The complainants have themselves admitted that they enjoyed the benefits of the membership of the OP by availing holidays to Mussoorie in the month of August 2017 and subsequently in January 2018. Though the complainants alleged that they faced sufficient hardship during that period also, but, they have not annexed any documentary evidence to say that any complaint or grievance was raised by them with the OP with regard to its services prior to September 2019. Hence, it can be safely concluded that complainants did not face any problem in the services of the OP with regard to the membership opted by them. Thus, the complainants are not entitled for refund of the entire membership amount.
5.     Evidently vide email dated 18.5.2018 the complainants made a booking for a holiday for 6 adults and three children from 10.6.2018 to 13.6.2018 at Dharamshala which was not accepted by the OP. It is with regard to this holiday that the complainants faced inconvenience and even wrote email dated 29.9.2019 with the request to either resolve the issue or to terminate the membership and requested for refund of amount.  However, instead of resolving the grievance of the complainants, OP went into their slumber.  Therefore, we are of the view that the OP did indulge in deficiency in service to this extent as they failed to provide the promised services.
6.     In order to rebut the allegations of the complainant, it was imperative for the OP to file its written reply alongwith some cogent evidence.  However, what to talk of rebutting the allegations, OP did not put in appearance before this Commission and chose to be proceeded against ex-parte. This act of the OP draws an adverse inference against it and proves that the OP has nothing to say in its defence qua the allegations made by the complainants. Hence, in the absence of anything to the contrary, the allegations of the complainants go unrebutted and uncontroverted.
7.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP is directed as under :-

1. to cancel the membership of the complainants and refund the balance amount (after requisite deductions towards the period availed by the complainants) alongwith interest @9% per annum w.e.f the date of lodging the grievance i.e. 29.09.2019 till realization.
2. to pay an amount of ₹7,000/- to the complainants as compensation for causing mental agony and harassment to them;
3. to pay ₹5,000/- to the complainants as costs of litigation.

8.     This order be complied with by the OP 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.
9.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
24/08/2021	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rajan Dewan]
hg	Member	Member	President