DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 427 of 15.11.2017
Decided on: 15.5.2018
1. Jasbir Singh Sandhu aged about 42 years
2. Navneet Kaur Sandhu, aged about 40 years wife of Sh.Jasbir Singh Sandhu
Both Residents of House No.19, Hargobind Nagar, Opposite Govt. Press, Sirhind Road, Patiala.
…………...Complainants
Versus
- Jukaso Journeys Private Limited, through its authorized Manager/head I.T. Composite Towers, Plot No.1, Industrial Development Corporation Mehrauli Road, Gurgaon (Gurugram)-122001) (State of Haryana).
- Ms. Shweta Kaith, Authorized Executive & C/o Jukaso Journeys Private
Limited I.T. Composite Towers, Plot No.1, Industrial Development Corporation Mehrauli Road, Gurgaon (Gurugram)-122001) (State of Haryana).
- Nirbhay Singh Authorized Accountant/Cashier C/o Jukaso Resorts Pvt. Limited 50, Sunder Nagar, New Delhi-110003.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.J.S.Sandhu, complainant No.1 in person.
Opposite Parties No.1to3 ex-parte.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh.Jasbir Singh, and Smt Navneet Kaur Sandhu, complainants have filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.)
2. The brief facts of the complaint are as under:-
That Op No.1 is the travel company and is doing the business of providing and arranging holidays stays at its own holiday resorts in India and Worldwide. It is stated that Op no.2 called the complainant to the Hotel Polo Club situated at Patiala on 26.9.2016. On the assurance given by OPs No.2&3 that accommodation and breakfast meals would be free during vacations stayed at the company resorts, the complainants agreed to purchase vacation policy from OP no.1, for the period of five years and deposited Rs.70,000/- at the spot. In the vacation policy, sent by the OPs, it is mentioned that the same is for the period of five years and the complainants are entitled for free stay at all authorized destinations for 4 nights and 5 days in every year and these vacations can further advanced for subsequent year also. In the month of February, 2017, the complainants gave request to OP no.1 for reservation in Jukaso Manu Maharani Resort, Jim Corbett, Ramnagar, District Nainital(UK),India for the period from 24.3.2017 to 26.3.2017 but in the reservation confirmation voucher, wrong date has been mehntioned i.e. from 24.4.2017 to 26.4.2017. The complainant approached and requested OP no.1 for cancellation of this wrong confirmation voucher and for reconfirmation voucher for proper period. After giving so many reminders and telephonic calls, the OP no.1 sent confirmation voucher for the period from 24.3.2017 to 26.3.2017.Since long time was past during this process and no space was left in safari bookings, the complainants requested OP No.1 for cancellation of these reservation vouchers but to no effect. Then complainants made another request for holiday reservation at Dharamshala Resort on dated 24.8.2017, for the period from 18.9.2017 to 20.9.2017.At this time, the officials of OP no.1 asked the complainant to deposit advance amount of Rs.3000/-inspite of the fact that no extra amount would be demanded from the complainant at any costs during the whole period of five years. On the good faith that this amount is on returnable basis, the complainants deposited Rs.3000/- in the account of OP no.1 through bank transfer entry, made on 29.8.2017. On reaching Dharamshala Resorts of Op no.1, the complainant shocked to see the condition of small hotel. The complainants called the officials of OP no.1 several times but no positive response was given. The complainants left with no option but to check out from this hotel immediately on 17.9.2017. Proper entry in this regard was made in the register of the said hotel and the complainants have to make another arrangement in some other hotel and huge money was spent on this vacation stay.After coming back, complainant requested OP no.1 for the refund of the amount of Rs.3000/- and cancellation of the policy but to no effect. A legal notice was also got served upon the OPs but all in vain. There is thus deficiency of service on the part of the OPs, which caused mental agony and physical harassment to the complainants. Hence this complaint, with the prayer for giving directions to the OPs to reimburse the vacation policy amount of Rs.70,000/- alongwith interest @12% per annum from 26.9.2016 till realization; to reimburse the amount of Rs.3000/-deposited in advance for vacation stay at Dharamshala Hotel alongwith interest @12% per annum from 29.8.2017 till realization; to pay Rs.50,000/-as compensation for causing mental agony and physical harassment to the complainants; to pay Rs.10,000/- for litigation expenses.
3. On being put to notice, the OPs failed to appear and were accordingly proceeded against exparte.
4. On being called to do so, the complainant No.1 has tendered in evidence Ex.CA affidavit of the complainant, Ex.CB affidavit of Smt.Navneet Kaur Sandhu alongwith documents Exs.C1 to C20 and closed the evidence of the complainant.
5. We have heard the complainant No.1 and have also gone through the record of the case, carefully.
6. From the certificate of membership, Ex.C3, it is evident that the complainants had taken membership for five years, of Jukaso Journeys Private Ltd i.e. OP no.1, which is a travel company, arranging holidays stays, for its members. The complainants had paid Rs.70,000/-as membership fee, as is evident from the documents Exs.C1&C2.The complainants have averred that they made a request to OP no.1 for reservation at Jukaso Manu Maharani Resort Jim Carbett, Ramnagar, District Nainital (UK) for the period from 24.3.2017 to 26.3.2017 but the OP No.1 had booked the room the period for 24.4.2017 to 26.4.2017. The complainant made a request for correction of the dates which was made by OP no.1 after spending so much time and the complainants were forced to cancel the same. Thereafter, on 24.8.2017, the complainants requested OP no.1 for reservation of a resort at Dharamshala for the period from 18.9.2017 to 20.9.2017. The amount of Rs.3000/- demanded by the OPs was duly paid by the complainant on 29.8.2017. However, the holiday resort booked by the OPs at Dharashala was not worth leaving, as is evident from the photographs, Exs.C12 to C18. They made request for change of the hotel/resort but OP no.1 did nothing and they were forced to leave the said resort and had to make efforts at their own for the booking of another hotel , which caused them a lot of inconvenience, financial loss, mental agony and physical harassment. The averment of the complainants have gone unrebutted as the OPs preferred not to appear before this Forum to contest the case, meaning thereby that the OPs have nothing to say in their defense.
7. As per the certificate of membership, Ex.C3, the OP no.1 ought to have provided the facility of a studio apartment to its members. In condition No.1.10 of the agreement,Ex.C4, it is mentioned that the OP no.1 has to provide a well furnished room. However, after seeing the photographs Exs.C12 to C16, from no angel, it can be said that the room booked by the OP no.1, for the complainants was having a facility of Studio. This fact can also not be ignored that earlier also the complainants have to cancel their booking due to the negligence of OP No.1. In view of the above referred reasons, we hold that OP no.1 has committed deficiency by not providing the services as agreed upon by it and is liable to refund the amount paid by the complainants. From the receipts,Exs.C1&C2, it is evident that the complainants had paid Rs.70,000/-to the OP No.1 as membership fee. No doubt, the complainants have alleged that they had also paid Rs.3000/-on 29.8.2017, as advance, for booking of resort at Dharamshala, however, no document in this regard has been placed on record by them. The OP No.1 is thus liable to refund the amount of Rs.70,000/-. It is also liable to compensate the complainants for causing inconvenience, mental agony and physical harassment and also to pay litigation expenses. Since OPs No.2&3 are working for and on behalf of OP no.1, therefore no liability can be fasted upon it and the complaint filed against them is liable to be dismissed.
8. In view of the aforesaid discussion, we dismiss the complaint filed against OPs No.2&3 and allow the same against OP No.1. OP No.1 is directed in in the following manner:
- To refund Rs.70,000/- to the complainants , alongwith interest @7% per annum from the date of deposit i.e.26.9.2016, till its realization;
- To pay Rs.5000/-as compensation for causing inconvenience, mental agony and physical harassment;
- To pay Rs.5000/-as litigation expenses.
The OP No.1 is further directed to comply the said order within a period of 30 days from the date of the receipt of the certified copy of this order.Certified copies of the order be sent to the complainant free of costs under the rules.Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:-15.5.2018
NEENA SANDHU
President
NEELAM GUPTA
Member
