Haryana

Ambala

CC/226/2017

Mr Harpreet Singh - Complainant(s)

Versus

Journeys Resorts - Opp.Party(s)

In Person

20 Mar 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                               Complaint case no.        :  226 of 2017

                                                               Date of Institution         :  06.07.2017   

                                                               Date of decision   :  20.03.2018

 

Sh. Harpreet Singh s/o Sh. Jarnail Singh, # 161, VPO Kalarheri, District & Tehsil Ambala.

       ……. Complainant.

 

Vs.

 

1.       Journeys Resorts Pvt Ltd. 50, Sunder Nagar, New Delhi-110003, through its Director.

2.       Journeys Resorts Pvt Ltd. I.T. Composite Towers, Plot No.1, D.C.Mehrauli Road, Gurgoan-122001, India through its Director.

 

 ….….Opposite Parties.

 

Before:        Sh. D.N. Arora, President.

                   Sh. Pushpender Kumar, Member.

Ms. Anamika Gupta, Member.                           

 

 

Present:       Complainant in person.

                   Ops proceeded against ex parte v.o.d 29.08.2017.

.

 

ORDER:

                   Brief facts of the present complaint is that the complainant was invited to collect the gift certificate issued by juksao journeys on 19 December 2016, at Hot Millions Restaurant near dhillion service station, National Highway, main GT Road, Ambala Cantt. The Ops represented that the complainant is entitled to a free 2 Nights/3days stay with breakfast at one of the five destinations and asked him to deposit Rs. 5000/- on account of room tariff taxes and meals, only whereafter they would consider his gift certificate and release confirmation voucher. Believing in the representations of the Ops the complainant paid the demanded money of Rs. 5000/- to the OP at Hot Million Resturant, Ambala Cantt by swiping his debit card as they were carrying swiping machine with them. The gift  certificate was filled, scanned and sent to the reservations  department of jukaso journeys on 28 December 2016. When nothing happened for fourteen days, the complainant sent a reminder mail to the Ops. Again reminder mail was sent to OP on 16 Jan.2017 regarding confirmation voucher. The Ops did not carry out any of the promised work and did not honour their gift certificate. The complainant personally met the officials of the Ops including its takeover manager of Ambala Cantt for the refund of the money. However, the Ops refused to refund any amount to the complainant. Thus, the Ops have indulged in unfair trade practice, firstly by alluring the complainant with gift certificate with no intention to providing them on the basis of false assurances. Hence,the present complainant.

2.                Registered notice issued to Op Nos. 1 & 2 but none have turned up on their behalf and they have proceeded against ex-parte vide order dated 29.08.2017.

3.                To prove his version complainant tendered his affidavit as Annexure C-X with documents as annexure C-1 to C-4 and close his evidence.

4.                We have heard learned counsel for the complainant and carefully gone through the case file.   

5.                 It is proved on the file that the Ops have offered to the complainant to collect gift certificate issued by Jukaso Journeys on 19 Dec. 2016 at Hot Millions Restaurant Near Ambala Cantt. In lieu of that offer the complainant is entitled to a  free 2 Nights/3days stay with breakfast at one of the five destinations and asked him to deposit Rs. 5000/- on account of room tariff taxes and meals etc. Accordingly, the complainant had deposited Rs. 5000/- to OP No.1 vide receipt Annexure C-1 dated 19.12.2016. OP No.1 also issued the gift certificate Annexure C-2 wherein it is clearly mentioned that

 “You have entitled to a free 2 Nights/3days stay with breakfast at one of the five destinations:

a) Corbett  (b) Dharamshala  (c) Gurgaon  (d)Pune (e) Vishakhapatnam.

We wish  you joyous journeys ahead.

Dated of issue:19 December-2016

This voucher is valid for 1 year from date of issue”.

 

As per the version of the complainant, the Ops did not carry out any of the promise by not honoring their gift certificate Annexure C-2. The complainant waited sometime and thereafter, requested the Ops to  refund of the deposited amount but Ops did not refund the above said amount. The complainant also sent E-mails to the Ops Annexure C-3 & Annexure C-4 for refunding the above said amount but to no avail.  The Ops despite registered notice not pursued the case and they were proceeded against exparte. As such, the contents enumerated in the complaint remained un-rebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant. In this way, Ops have taken the above said amount on giving misleading advertisements on the false assurance, which is clear cut violation of Section 2(1) (r ) of Consumer Protection Act, 1986:-

²² [(r) “unfair trade practice” means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely:—

(1) the practice of making any statement, whether orally or in writing or by visible representation which,—

(i) falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model;

(ii) falsely represents that the services are of a particular standard, quality or grade;

(iii) falsely represents any re-built, second-hand, renovated, reconditioned or old goods as new goods;

(iv) represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have;

(v) represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have;

(vi) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services;

(vii) gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test.

 

5.                In view of above discussion, the present complaint is deserves to be acceptance, same is hereby allowed with costs and Ops are directed to comply with the following directions jointly and severally within thirty days from receipt of copy of the order:-

(i)      To refund amount of Rs. 5000/- alongwith interest  at the rate of 9% per annum from the date of complaint till its realization.

 (ii)    Also to pay a sum of Rs. 5,000/- on account of mental agony, harassment & unfair trade practice.

(iii)    To pay Rs. 3000/- for litigation.

 

          Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

 

Announced on : 20.03.2018

                            

 

 

 

(PUSHPENDER KUMAR)    (ANAMIKA GUPTA)     (D.N. ARORA)

          Member                           Member                         President