Delhi

East Delhi

CC/575/2015

SUNIL - Complainant(s)

Versus

JUKASO RESORT - Opp.Party(s)

01 Oct 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 575/15

 

Shri Sunil Kumar

R/o C-51A, 2^nd Floor

Shashi Garden, Mayur Vihar

Phase-I, New Delhi – 110 091                                     ….Complainant

Vs.    

Jukaso Resorts Pvt. Ltd.

Off: 50, Sunder Nagar

New Delhi – 110 003

 

Also at:

I.T. Composite Towers

Plot no. 1.D.C Mehrauli Road

Gurgaon, Haryana                                                           …Opponent

 

Date of Institution: 03.08.2015

Judgement Reserved on: 01.10.2018

Judgement Passed on: 04.10.2018

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

          This complaint has been filed by Shri Sunil Kumar against              Jukaso Resorts Pvt. Ltd. (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.       The facts in brief are that the complainant Sunil Kumar visited the office of Jukaso Resorts Pvt. Ltd. (OP) on 01.05.2015 where their executive explained a new membership plan viz. “RED” in which following facilities would be given:

1. 4 night and 5 days Goa stay with 4 one sided air ticket (2A+2 KID)
2. Rs. 5,000/- worth food vouchers
3. VLCC or Vibes Vouchjers
4. 1 I-PAD
5. Membership kit

          The said plan was taken by the complainant on paying an amount of Rs. 1,10,000/- for 10 years.  The payment was made through credit card. 

          The complainant was given a copy of the plan and on checking, he came to know that it was not as explained to him.  He immediately sent a message to executive of OP explaining all these.  He sent email and whatsapp message which were not replied.  When he did not get any satisfactory reply, he went to the office of OP alongwith his wife and insisted to send the mail on his email id regarding the disputed point. 

          On 20.05.2015, respondent sent a mail to the complainant.  In the mail, he was assured regarding the point which will be discussed with their senior and complainant will be updated.  However, respondent did nothing. 

          The complainant finally gave notice on 12.06.2015 clearly mentioning for refund of membership fee of Rs. 1,10,000/- as he was not interested to take membership offers, but they have not given any satisfactory reply. 

          The complainant have stated that by not giving the satisfactory reply and refund of the amount, there was deficiency in service on the part of OP as well as unfair trade practice.  Thus, he has claimed an amount of Rs. 1,10,000/- with 24% interest: Rs. 50,000/- compensation on account of harassment, mental agony and pain and Rs. 25,000/- towards cost of litigation.

3.       In the reply filed on behalf of Jukaso Resorts Pvt. Ltd. (OP), they have taken various pleas such as there was no cause of action; they have denied that their executive gave a welcome call on 01.05.2015; they have denied that complainant visited their office on the said date where executive told a new plan namely “RED”.  They have denied that their executive ever met with the complainant at any point of time.  They have denied that the membership was for          10 years.  They have further denied the payment of Rs. 1,10,000/- through the credit card on 01.05.2015.  They have also denied other facts also.

 4.      The complainant has filed rejoinder to the WS of OP, wherein he has controverted the pleas taken in the WS and reasserted his pleas.

5.       In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint. 

          In defence, OP have examined Shri C. Suryanarayana Raju, authorized representative of OP.  He has also deposed on affidavit.  He has narrated the facts which have been stated in the written statement. 

6.       We have heard the Ld. Counsel for the complainant as counsel for Jukaso Resorts Pvt. Ltd. (OP) did not appear to argue and have perused the material placed on record.  From the documents placed on record, it is evident that complainant Sunil Kumar have paid an amount of Rs. 1,10,000/- on 01.05.2015 through HDFC bank credit card and was issued a provisional receipt for membership no. 5559 on 08.05.2015.

           Further, in the approval form, he was given membership under “RED” plan and in the subsequent mail, they have stated that they will discuss with concerned senior person for the points raised by the complainant.  Further, mails suggest that they have not taken any action with regard to the points raised by the complainant.  The final letter written by the complainant has been of dated 12.06.2015 whereby he has raised the concern with regard to the points raised by him in his earlier correspondence and have made a request for refund of the amount, if not agreed.

          By not agreeing to the plan which the complainant was offered and non refunding of the amount amounts to deficiency in service as well as unfair trade practice.  Therefore, Jukaso Resorts Pvt. Ltd. (OP) have been deficient in their service as well as have adopted unfair trade practice.  When they have been deficient in their service, the complainant have suffered mental pain and suffering for which he has to be compensated.

          We, therefore, order that complainant may be refunded an amount of Rs. 1,10,000/- alongwith 9% interest from the date of filing the complaint till realization.  We further award compensation of     Rs. 20,000/- which includes the cost of litigation. 

          This order be complied within a period of 45 days, if not complied, the amount of compensation of Rs. 20,000/- shall also carry 9% interest from the date of order till realization.

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.                         

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member    

            (SUKHDEV SINGH)

                   President