Haryana

Karnal

CC/256/2016

Rakesh Kumar Patni - Complainant(s)

Versus

Jukaso Resorts Private Limited - Opp.Party(s)

Vishal Goyal

31 Oct 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL. 

                                                     Complaint No.256 of 2016

                                                     Date of instt.: 31.08.2016

                                                     Date of decision 31.10.2017

 

Rakesh Kumar Patni son of late Shri Jagmohan Patni, resident of House no.718, Sector-13, Urban Estate, Karnal.

 

                                                                      ……..Complainant

                                        Vs.

 

1. Jukaso Resorts Pvt. Ltd., SCO no.222-223, 3^rd floor, Sector34-A, Chandigarh, through its General Manager.

2. Jukaso Resorts Pvt.Ltd. Corporate office: I.T. Composite Towers, Plot no. I.D.C., Mehrauli Road, Gurgaon, through its Corporate Manager.

 

                                                               ………… Opposite Parties.

 

                  Complaint u/s 12  of the Consumer Protection Act.

 

Before:     Ms. Veena Rani……..Presiding Member

                Sh.Anil Sharma…….Member.

 

Present:-   Shri Vishal Goyal Advocate for complainant.

                  Opposite parties exparte.

 

ORDER:

                                 

                This complaint has been filed by the complainant u/s 12 of the Consumer protection Act 1986, on the averments that opposite parties are having resorts and made arrangement for their members for enjoying/availing holidays. The complainant had taken membership from the OPs and paid membership fees of Rs.29,880/- on 29.6.2014 to the OPs. OPs had admitted that he was his member and agreed to receive the balance payment in installments. Due to

unavoidable circumstances he did not continue his membership with the OPs and within one month from the date of admission of membership he intimated the OPs that he did not want to continue the membership with the OPs and requested for return the deposited amount, but inspite of request of refunded the amount OPs deducted an amount of Rs.7714/- in the month of September, 2014 and an amount of Rs.7714/- in the month of October, 2014. Complainant vide several e-mails dated 30.7.2014, 5.8.2014, 22.8.2014 and 25.8.2014 requested the OPs to refund the membership fee and deducted amount but to no effect. He informed the OPs about cancellation of his membership within one month of taking membership.  As per membership rules of the OPs they were liable for refund of membership fee after deduction of process fee, but OPs did not refund the membership fee and amount of installments deducted. The OPs received the total amount of Rs.29,880/- as membership fee and Rs.7714+7714=15,428/-. He requested the OPs several times to return the membership amount and installments amount but the officials of the OPs played delayed tactics on one pretext or the other. In this way OPs are deficient in their services and hence complainant filed the present complaint.

2.             Notice of the complaint was given to the opposite parties, but none has come present on behalf of OPs despite service, therefore, exparte proceedings are initiated against them, vide order dated 6.12.2016.

3.             Complainant tendered into evidence his affidavit Ex.C1 and documents Ex.C2 to Ex.C8 and closed the evidence on 11.5.2017.

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

5.             As per the allegations of the complainant, he took the membership from opposite parties and paid Rs.29,880/- on 29.6.2014 and paid two installments of Rs.7714/-  in September, 2014 and October,2014. Complainant intimated the opposite parties that he does not want to continue his membership and intimated the OPs through email dated 30.7.2014 and then reminders through e-mail on 5.8.2014, 22.8.2014 and 25.8.2014. In support of his version complainant filed his affidavit Ex.C1 and copies of e-mail Ex.C3, Ex.C3, Ex.C6 and Ex.C7.  Complainant also produced the copy of agreement Ex.C2. As per agreement clause 6.1 the relevant of this clause are read as under:-

6.1(a)   “In the event of withdrawal of the application by an Applicant/Member within 90 days from the date of execution/signing of the membership application form after the period of Recession the Applicant/Member will be entitled to the refund of the amount received by JRPL after the deduction of 40% of membership fee………….”

 

The complainant deposited as installments in month of September, 2014 and October, 2014 while as per clause 6.1(a) of agreement Ex.C2 is clear that if any member does not want to continue the membership of OPs then they are liable to pay the installments and 40% of initial amount. The evidence produced by the complainant is unchallenged and unrebutted as the OPs proceeded against exparte. Hence there is no reason to disbelieve the same. Hence, in our view complainant is entitled to get 40% of the amount of Rs. 29880/- deposited by him with the opposite parties i.e. Rs.17928/- and amount of two installments deposited by the complainant in the month of September and October, 2014  i.e. Rs.15,428/-

6.             As a sequel to the foregoing reasons, we accept the present complaint and direct the opposite parties to refund the amount of Rs.33,350/- to the complainant with interest @ 8% per annum from the date of taking membership till its realization. We further direct the opposite parties to pay Rs.5,000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses. The order be complied with within 30 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:31.10.2017                                               (Veena Rani)

                                                                         Presiding Member,

                                                            District Consumer Disputes

                                                            Redressal Forum, Karnal.

 

                        (Anil Sharma)

                             Member