Chandigarh

DF-II

CC/844/2016

Naresh Singla - Complainant(s)

Versus

Jukaso Resorts Private Limited - Opp.Party(s)

Neeru Bansal Adv.

09 Mar 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	844/2016
Date of Institution	:	04.10.2016
Date of Decision	:	09/03/2017

 

                                       

                                               

Naresh Singla aged about 50 years s/o Late Sh.B.D.Singla r/o H.No.410, Sector 16, Panchkula (Haryana)

                                ...  Complainant.

Versus

Jukaso Resorts Pvt. Ltd., through its Authorized Representative at SCO 118-119, First Floor, First Cabin, Sector 8-C, Chandigarh

…. Opposite Party.

 

BEFORE:    SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by: 

Ms.Neeru Bansal, Adv. for the complainant

                   OP exparte.

 

 

PER RAJAN DEWAN, PRESIDENT

1.         Being allured by the allurements given by the OP, he enrolled himself as member of the OP and entered into an contract with the OP for total sale consideration of Rs.1.99 lacs for providing the following services:

1.     25 years breakfast.
2.     Samsung Tablet
3.     5000/- RCV
4.     3 Nights/4 Days in India
5.     One week in UAE
6.     5 Nights/6 days in Switzerland.

                As per the terms and conditions of the contract, he paid 15% as down payment i.e. Rs.30,000/- of Rs.1.99 lacs for obtaining the membership of the OP.   The OP had also issued one brochure in the name of the complainant wherein it was mentioned that OP had received Rs.30,000/- in cash as a down payment. According to the complainant, as per clause 3(3.3) of the membership, he made a payment of 10% i.e. Rs.27,720/- (15% already paid) of the total sale consideration for getting the services of the  OP vide provisional cash receipt dated 28.04.2014 (Annexure C-2). In total, he paid 25% of the total sale consideration i.e. Rs.57,720/- with the OP for availing the services of the OP as per the terms and conditions of the contract.  According to the complainant, he made a number of requests besides reminder dated 14.08.2016 for providing the services or to refund the whole amount but to no effect.  It has further been averred that he received a letter dated 17.08.2016 from the OP that the matter has been forwarded to the concerned department.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OP, the complainant has filed the instant complaint.

2.         Despite due service through registered post, the Opposite Party has failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 17.01.2017.
3.         We have heard the counsel for the complainant and have gone through the documents on record.
4.         In exparte evidence, the complainant has submitted his detailed duly sworn affidavit reiterating the averments made in the complaint alongwith the copies of the brochure/membership form, the provisional cash receipt dated 28.04.2014 for Rs.27720/-  and the e-mails exchanged with the OP.  The complainant has specifically deposed in his affidavit that in order to avail the services of the OP he deposited 25% i.e. Rs.57,720/- of the total consideration of Rs.1.99 lacs as per the Clause 3(3.3) of the terms and conditions of the Contract, which reads as under:-

“3.3  The Membership usage Period for Members who are opting to pay the Down; Payment of less than 25% of the Membership Fee (Product Price) shall commence as under :

Members opting for 15% can avail holidays after realization of 25% of the membership price (including taxes and interest components etc.)”

                Since, the complainant has deposited 25% of the total consideration of the contract and as such he is entitled to avail the facilities of the OP as per Clause 3(3.3)  of the above terms and conditions of the contract. The OP chose not to appear before this Forum.  Therefore, in the absence of any rebuttal from the side of the OP, the version of the complainant, supported by his duly sworn affidavit, must prevail.  Failure on the part of the OP to honour its commitments, therefore, amounts to deficiency in service and the complaint deserves to be allowed. 

5.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The OP is  directed as under ;-
   1. To refund the amount of Rs.57,720/- to the complainant along with interest @9% per annum from the dates of respective deposits till realization.
   2. To make payment of Rs.5,000/- to the complainant towards compensation for causing mental and physical harassment.
   3. To make payment of Rs.5,500/- to the complainant as litigation expenses.

 

6.         This order be complied with by the OP, within 45 days from the date of receipt of its certified copy, failing they shall also pay the amount at Sr. No.(ii) above with interest @ 9% per annum from the date of this order, till actual payment, besides complying with the directions at Sr. No.(i) and (iii) above.    
7.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

09/03/2017

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER