Haryana

Karnal

CC/97/2021

Lalit Aghi - Complainant(s)

Versus

Jukaso Resorts Private Limited - Opp.Party(s)

Dheeraj Sachdeva

08 Jul 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                       Complaint No. 97 of 2021

                                                        Date of instt.15.02.2021

                                                        Date of Decision:08.07.2022

 

Lalit Aghi son of Shri Bhagwa Dass Aghi, resident of house no.471, New Prem Nagar, near Aghi Park, Karnal-132001. Mobile no.9896725100.

                                               …….Complainant.

                                              Versus

 

Jukaso Resorts Private Limited Corporate Office-I.T. Composite Towers, plot no.1 I.D.C. Mehrauli Road, Gurgaon-122001, Branch office-49-50, Sunder Nagar, New Delhi-110003 through its Director/Manager.

 

                                                                      …..Opposite Party.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary….Member

 

 Argued by: Shri Amit Sachdeva, counsel for the complainant.

                    Opposite party exparte.

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that in the month of January, 2014, an executive of OP called the complainant and requested to avail membership of the company regarding the holiday package plans that are being provided by the OP and he was also told that the company is organizing a seminar at Sagar Ratna restaurant G.T. Road, Karnal and the detailed plan and benefits of the membership of the company will be provided to the complainant. On the asking of the executive of the OP, complainant agreed to attend the seminar of the company. On 10.01.2014, complainant visited to Sagar Ratna Restaurant with his family where the seminar of OP organized. At the seminar, Mr. Karan Walia, who introduced himself as a Direct Sales Manager of OP and told that OP company has established many resorts in the India and has a chain of holiday resorts at various prime holiday destinations in India such as at Manali, Shimla, Goa, Srinagar etc. alongwith tie up with resorts at other countries and on being the member of the company, free of cost holiday tour package would be provided on yearly basis by the company for next 25 years to stay at their resorts at various destination at the choice of members. Said Karan Walia influenced the complainant and a detailed plan of membership and benefits was discussed. Discussion revealed that the company will provide free tour package and stay at various locations including free stay at the company resorts for a minimum one night stay upto to maximum 14 night stay for each and every year upto 25 upcoming years ahead. It was also assured by said Karan Singh if the company fails to provide the said tour package free, the amount paid by the members will be refunded by the company with interest and got written all the details and commitments on the paper in his own handwriting. It was also told that in order to avail said benefits, the complainant has to purchase a membership and also told that the membership fee of Rs.1,99,000/- and same would have to be paid by the members in installments of 5538/- per month in 36 installments and also assured that on payment of 25% of the membership cost, some more additional benefits are also have been offered by the company and some selected members can take the said advantage and if the complainant books his membership right today and pays the advance amount, the additional benefit on enrollment i.e. one week free tour package/stay alongwith food voucher of Rs.5000/- and a HP laptop will be given free of cost. On being assured complainant agreed to enroll with the membership of company and paid Rs.29850/-. The complainant signed the membership form and same was acknowledged by the company. After taking the membership, complainant started paying the installment in February 2014 to May 2014 and in this way complainant paid Rs.52002/- to the OP. After making payment of more than 25% cost of membership, complainant contacted the OP and asked to provide the instant membership enrolment benefits as promised by the complainant i.e. free tour of one week alongwith food voucher of Rs.5000/- and HP company laptop, but OP did not provide the said assured benefits. Thereafter, complainant requested the OP several times in this regard and also sent email to the company but OP did not pay any heed to the request of complainant and lingered the matter on one pretext or the other. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, OP did not appear despite service and opted to be proceeded against exparte, vide order dated 08.04.2022 of this Commission.

3.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, visiting card of Karan Walia Ex.C1, application form Ex.C2, welcome letter Ex.C3, copy of payment receipt Ex.C4, copy of details of package Ex.C5, membership card Ex.C6, letter dated 17.09.2014 Ex.C7, emails Ex.C8 and closed the evidence on 19.05.2022 by suffering separate statement.

4.             We have heard the complainant and have gone through the record available on the file carefully.

5.             Learned counsel for complainant, while reiterating the contents of complaint, has vehemently argued that on 10.01.2014 on the invitation of the OP, complainant visited to Sagar Ratna Restaurant with his family where the OP had organized the seminar. At the seminar, Mr. Karan Walia, who introduced himself as a Direct Sales Manager of OP and told that OP company has established many resorts in the India and has a chain of holiday resorts at various prime holiday destinations in India such as at Manali, Shimla, Goa, Srinagar etc. alongwith tie up with resorts at other countries and on being the member of the company, free of cost holiday tour package would be provided on yearly basis by the company for next 25 years to stay at their resorts at various destination at the choice of members. On the influence of said official, complainant had taken a membership of OP company and as per terms and conditions of membership, company will provide free tour package and stay at various locations including free stay at the company resorts for a minimum one night stay upto to maximum 14 night stay for each and every year upto 25 upcoming years ahead and OP also assured that on payment of 25% of the membership cost, some more additional benefits will also have been offered by the company. He further argued that the official of the OP also assured the  complainant if he books his membership right today and pays the advance amount, the additional benefit on enrollment i.e. one week free tour package/stay alongwith food voucher of Rs.5000/- and a HP laptop will be given free of cost. On being assured, complainant agreed to enroll with the membership of company and paid Rs.29850/-. After taking the membership, complainant started paying the ent in February 2014 to May 2014 and in this way complainant paid Rs.52002/- to the OP. After making payment of more than 25% cost of membership, complainant contacted the OP and asked to provide the instant membership enrolment benefits as promised by the OP i.e. free tour of one week alongwith food voucher of Rs.5000/- and HP company laptop, but OP did not provide the said assured benefits and prayed for allowing the complaint.

6.             To prove his case, complainant has placed on record his affidavit Ex.CW1/A Ex.CW1/A, visiting card of Karan Walia Ex.C1, application form Ex.C2, welcome letter Ex.C3, copy of payment receipt Ex.C4, copy of details of package Ex.C5, membership card Ex.C6, letter dated 17.09.2014 Ex.C7, emails Ex.C8. It is evident from the application form Ex.C2 that the complainant has applied for membership of OP and OP has confirmed the membership of complainant through email Ex.C6. The case of complainant is that OP has failed to provide the benefits to the complainant as promised by OP company at the time of taking the membership. It is evident from email Ex.C8 that complainant has requested the OP to refund membership amount due to backout from fulfilling the promise by the side of OP. It is mentioned in the said email that the complainant is having membership no.WO201171 and has paid approximately Rs.55000/-and now he is not interested to continue as he has made many calls and complaints for benefits but there was no response from the side of OP. Inspite of sending many emails to the OP in this regard, OP has not given any response. Hence, it is well proved that OP did not provide the benefits of membership as per its promise.  To rebut the evidence produced by the complainant, OP did not appear and opted to be proceeded against exparte. Thus, the evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same.

7.             In view of the above discussion, the act of the OP amounts to deficiency in service and unfair trade practice. Hence, OP is liable to refund the amount of Rs.52002/- to the complainant as deposited by him alongwith interest, compensation for harassment, mental agony and litigation expenses to the complainant.

8.             In view of the above discussion, we allow the present complaint and direct the OP to refund the amount of Rs.52002/- to the complainant with interest @ 9% per annum from the date of deposit till its realization. We further direct the OP to pay an amount of Rs.15,000/- as compensation for harassment and mental agony and Rs.5500/-towards litigation expenses to the complainant. This order shall be complied with within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:08.07.2022

                                                                       

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

 

(Vineet Kaushik)          (Dr. Rekha Chaudhary)  

                     Member                        Member