Chandigarh

DF-I

CC/43/2017

Naresh Kumar - Complainant(s)

Versus

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

Krishan Singla

24 May 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/43/2017
Date  of  Institution	:	13/01/2017
Date   of   Decision	:	24/05/2017

 

 

 

 

 

Naresh Kumar son of Sh. Yogeshwar Sharma, House No. 1361-B, Sector 28-B, Chandigarh.

….Complainant

 

Vs.

 

 

Jukaso Resorts Pvt. Limited, SCO 118-119, 1^st Cabin, Sector 8-C, Chandigarh – 160009, through its Auth. Signatory/ Branch Manager/ Director.

…… Opposite Party 

 

 

BEFORE:   SH. S.S. PANESAR             PRESIDENT

MRS.SURJEET KAUR             MEMBER

          SH. SURESH KUMAR SARDANA     MEMBER

 

For Complainant	:	Sh. Devinder Kumar, Advocate.
For Opposite Party	:	Ex-parte.

 

PER SURESH KUMAR SARDANA, MEMBER

 

 

 

          In brief, the Complainant had booked a five years Membership Plan of the Jukaso Resorts Pvt. Ltd. (for short hereinafter to be referred as ‘the Opposite Party’) on 27.08.2016 by making payment of Rs.77,000/-. The Opposite Party also got an Agreement signed from the Complainant (Annexure C-1). It has been alleged that on 29.08.2016 and 30.08.2016, the Complainant called many times on the Customer Care Toll Free No.1800-103-0203 of Opposite Party, but could not get any answer. Accordingly, on account of poor services, at the initial stage, the Complainant sent an e-mail on 30.08.2016 to the Opposite Party for withdrawal of the Membership Plan (Annexure C-2). In response to the aforesaid e-mail the Opposite Party on 03.09.2016 vide Annexure C-3 informed the Complainant that his membership amount would be refunded to him within 90 days. However, despite the said communication, the Opposite Party did not make the refund. When all the frantic efforts made by the Complainant, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Party tantamount to deficiency in service and unfair trade practice, the Complainant has filed the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs. 

  

2.          Notice of the complaint was sent to Opposite Party, seeking its version of the case. Since, nobody appeared on behalf of Opposite Party despite service, therefore, it was proceeded ex-parte on 28.04.2017.

 

3.          Complainant led evidence in support of his contentions.

 

4.          We have heard Sh. Devinder Kumar, Ld. Counsel for the Complainant and have perused the record with utmost care and circumspection. 

 

5.          In the present case, the averments of the complaint have gone unrebutted in the absence of the Opposite Party who was duly served and preferred neither to appear in person, nor through its Counsel. It is established beyond all reasonable doubt that the complaint of the Complainant is genuine. The Opposite Party has certainly and definitely indulged into unfair trade practice, as it ought to have made prompt refund of the amount to the Complainant, which it did not. At any rate, the Opposite Party even did not bother to redress the grievance of the Complainant despite having assured him vide e-mail dated 03.09.2016. Thus, finding a definite deficiency in service on the part of the Opposite Party, we have no other alternative, but to allow the present complaint against it.

 

6.          In the light of above observations, we are of the concerted view that the Opposite Party is deficient in giving proper service to the complainant and having indulged in unfair trade practice. Hence, the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is allowed, qua it. The Opposite Party is directed:-

 

[a]  To refund Rs.77,000/- to the Complainant;

 

[b]  To pay Rs.10,000/- as compensation for mental agony & harassment suffered by the complainant;

 

[c]  To pay Rs.7,000/- as costs of litigation.

 

7.          The above said order shall be complied within 30 days of its receipt by the Opposite Party; thereafter, it shall be liable for an interest @12% p.a. on the amount mentioned in sub-paras [a] and [b] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [c].  

 

8.          The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

24^th May, 2017                                             Sd/-

(S.S. PANESAR)

PRESIDENT

 

Sd/-

 (SURJEET KAUR)

MEMBER

 

Sd/-

 (SURESH KUMAR SARDANA)

MEMBER