Chandigarh

DF-II

CC/637/2015

Gurminder Kaur - Complainant(s)

Versus

Jukaso Resorts Pvt. Ltd., - Opp.Party(s)

Shiv Kumar Adv. & Vishal Kumar Adv.

12 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

Gurminder Kaur w/o Naveen Kumar r/o H.No.118, Sector 46-A, Chandigarh

                                       ...  Complainant.

Versus

1.      Jukaso Resorts Pvt. Ltd., through its Managing Director, Corporate Office: I.T. Composite Towers, Plot No.1, I.D.C. Mehrauli Road, Gurgaon (Haryana).

2.      Chairman, Jukaso Resorts Pvt. Ltd., Corporate Office I.T. Composite Towers, Plot No.1, I.D.C. Mehrauli Road, Gurgaon (Haryana).

3.      Manager, Jukaso Resorts Pvt. Ltd., SCO No.6-7, Second Floor, Sector 8-C, Chandigarh.

…. Opposite Parties.

BEFORE:   SHRI RAJAN DEWAN, PRESIDENT

SHRI JASWINDER SINGH SIDHU, MEMBER

SMT.PRITI MALHOTRA, MEMBER

Argued by: Sh.Vishal Kumar, Advocate for the complainant

                   OPs exparte.

PER RAJAN DEWAN, PRESIDENT

1. In brief, the case of the complainant is that on the assurances of Sh.Sukhdeep Singh, a representative of the OPs, she took the membership of the OPs for 25 years by paying a sum of Rs.1.40 lacs through HDFC Credit Card vide receipt dated 02.07.2015 (Annexure C-1) and she was issued membership certificate bearing No.B-1204025  dated 02.07.2015 (Annexure C-2).   It has been averred that the said representative also assured her that after the membership, as a first bonus, one week is complimentary with the membership of Jukaso Journeys which could be availed as per her convenience.  In August, 2015, the complainant’s husband made a call to Sh.Sukhdeep Singh and expressed his desire to spend some time in Malaysia with his family and requested him to arrange/book the accommodation and also sent an e-mail dated 08.08.2015 (Annexure C-3) for the booking as directed by the said representative at the website of the OPs which reads as under:

“We are interested to visit Malaysia and intend to stay at hotel in Palace of the Golden Horses from dated 25^th of Sept 2015 to 3 nights onward for my family need two rooms (four adults). My membership No.B1204025, please confirm this booking and acknowledge us as earliest as you committed us at the joining of your membership that the first bonus week is complimentary for our this membership. Please intimate us as early as possible so that we book our air tickets.

                   She neither received any reply nor any call from the said representative and, therefore, she again made a call to him and this time also, he advised her that it is better to drop a mail to

2.           Despite due service through registered post, the Opposite Parties No.1 and 2 failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 15.12.2015.
3.           Notice sent for the service of Opposite Party No.3 through registered post was received back with the report of refusal. Since refusal was good service, and none appeared on its behalf on the date fixed, therefore vide order dated 15.12.2015, it was proceeded against exparte. 
4.           We have heard the learned counsel for the complainant and have gone through the documents on record.
5.           Annexure C-1 is the copy of the provisional cash receipt dated 02.07.2015 vide which the complainant paid a sum of Rs.1.40 lacs for getting the membership of the OPs.  Annexure C-2 is the certificate of membership issued by the OPs to the complainant for 25 years.  She has also placed on record a copy of the e-mail (Annexure C-3) vide which  a request for booking of two rooms at Hotel Palace of Golden Horses, Malaysia from 25^th September 2015 to 3 nights onwards was made to the OPs.  She has also placed on record  a copy of another e-mail dated 10.08.2015 (Annexure C-4) wrote in this regard to the OPs.  The complainant specifically deposed in her affidavit that when she did not receive any response/reply to the said e-mails, she requested the OPs to refund back the membership fee but the same has not been refunded till date despite service  of the legal notice dated 14.08.2015(Annexure C-6).  The OPs have neither booked the accommodation at Malaysia as desired by the complainant nor they replied to her e-mails nor they have refunded back the membership fee to her despite service of the legal notice which itself amounts to deficiency in service on their part.
6.           In order to establish their case it was for the opposite parties to have put in appearance and lead evidence to controvert the pleas of the complainant.  However, they chose not to appear and were accordingly proceeded against exparte.
7.           On the other hand, the complainant has filed her duly sworn affidavit in support of her averments which are also supported by the documents mentioned above.
8.           In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed and the same is allowed accordingly.  The opposite parties are directed as under :-
   1. To refund membership fee of Rs.1.40 lacs to the complainant alongwith interest @ 9% p.a. from the date of its deposit till realization.
   2. To pay a compensation of Rs.10,000/- as compensation for mental agony and harassment caused to the complainant.
   3. To pay Rs.7,000/- as costs of litigation.
9.         This order be complied with by the opposite parties, within 45 days from the date of receipt of its certified copy, failing which the amounts at (i) & (ii) shall carry interest @12% per annum from the date of this order till actual payment besides payment of litigation costs.
10.           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

12/01/2016

Sd/-

(RAJAN DEWAN)

PRESIDENT

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER

Sd/-

(PRITI MALHOTRA)

MEMBER