BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.199 of 2015
Date of Instt. 13.05.2015
Date of Decision : 09.02.2016
Er.Jagroop Singh(Principal), Mehar Chand Polytechnic College.
..........Complainant Versus
1. Jukaso Resorts Pvt Ltd., I.T. Composite Towers, Plot No.11, I.D.C Mehrauli Road, Gurgaon-122001.
2. Jukaso Resorts Pvt Ltd., SCO 10-11, 2nd Floor, Feroze Gandhi Market, Ludhiana-141001.
.........Opposite parties.
Complaint Under Section 12 of the Consumer Protection Act.
Before: Sh.Ashwani Kumar Mehta (President)
Ms. Jyotsna Thatai (Member)
Sh.Parminder Sharma (Member)
Present: Sh.SP Laddi Adv., counsel for complainant.
Opposite parties exparte.
Order
Jyotsna Thatai (Member)
1. Complainant Er.Jagroop Singh filed the present complaint against Jukaso Resorts Pvt.Ltd etc opposite parties (opposite parties) under section 12 of the Consumer Protection Act on the allegations of deficiency in service, negligence and unfair trade practice with a further prayer to direct the opposite parties to cancel his membership and refund the money deposited by him.
2. The case of the complainant in brief is that the complainant purchased membership No.W0302465 on down payment of Rs.1000/- cash and Rs.28880 sent online by ATM debit card on 16.8.2014 at Prithvi Planet, Guru Teg Bahadar Nagar, Jalandhar where complainant had a meeting with manager of Jukaso Resorts Pvt Ltd to avail the policy of staying in the resorts throughout India and also transferred three EMI's of Rs.18260/- each through his account. Total amount of Rs.84660/- was received by the opposite parties. After that when he came to know about hidden charges like annual maintenance plus extra charges of the company policy which were not disclosed earlier then he decided to get his membership cancelled. The complainant called several times and sent email on 27.11.2014 to company within ninety days of availing the membership. The complainant approached Consumer Rights and Public Protection Organization to solve this matter. He also sent many emails to company but they did not bother to reply back. The complainant has prayed for directing the opposite parties to cancel his membership and refund the amount alongwith interest. He has also claimed compensation and litigation expenses. Hence, complaint was filed.
3. After formal admission of the complaint, notice was issued to the opposite parties and opposite parties were declared to have been duly served but none appeared on behalf of opposite parties and consequently opposite parties were proceeded against exparte.
4. In exparte evidence, complainant tendered his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C4 and closed exparte evidence.
5. Sh.Vinay Kumar Mishra Adv., appeared on behalf of opposite party No.1 at arguments stage. Opposite party is exparte in the case and learned counsel was advised to proceed in accordance with law.
6. We have heard the learned counsel for the complainant and have gone through the file.
7. The complainant purchased membership No.W0302465 dated 16.8.2014. The complainant paid Rs.1000/- in cash and also Rs.28880/- paid online by ATM debit card (Ex.C1) and Ex.C2). Total amount of Rs.84,660/- was received by the opposite parties from the complainant. The copy of account statements and emails are also on the record as Ex.C3 and Ex.C4 respectively. Further the complainant contended that opposite parties did not disclose hidden charges like annual charges plus extra charges of the company policy. So, he decided to get his membership cancelled. The complainant called and sent emails several times to the opposite parties to solve this matter but opposite parties did not respond. The opposite parties have not come to contest the claim of the complainant. So it appears that they have nothing to say in the matter. So from unrebutted evidence adduced by the complainant, his case stands proved. It stands proved that the complainant had asked for cancellation of membership and refund of money.
8. In the above circumstances, the present complaint is accepted and opposite parties are directed to refund Rs.84,660/- to the complainant alongwith Rs.3000/- in lump-sum on account of compensation and litigation expenses within one month from the date of receipt of copy of this order failing which they shall be liable to pay interest on the above said amount @ 9% per annum after the expiry of said period of one month till the date of payment. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.
Dated Parminder Sharma Jyotsna Thatai Ashwani Kumar Mehta
09.02.2016 Member Member President
