Chandigarh

DF-I

CC/634/2015

Sh. Birinder Singh - Complainant(s)

Versus

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

Sunil Narang

28 Mar 2016

ORDER

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

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

Consumer Complaint  No	:	CC/634/2015
Date  of  Institution	:	21/09/2015
Date   of   Decision	:	28/03/2016

 

 

 

 

 

Birinder Singh son of Shri Harminder Singh, resident of H.No.6A, Sunny Enclave, Sector 125, Mohali (Punjab).

 

…Complainant

Vs

 

(1)  Jukaso Resorts Private Limited (Journeys by Jukaso), Plot No.1, IDC, Mehrauli Road, Gurgaon (Haryana), through its Managing Director.

 

(2)  Jukaso Resorts Private Limited (Journeys by Jukaso), SCO 6-7, 2^nd Floor, Sector 8-C, Chandigarh, through its Managing Director.

… Opposite Parties

 

BEFORE:   MRS.SURJEET KAUR             PRESIDING MEMBER

          SH. SURESH KUMAR SARDANA     MEMBER

 

Present:     Sh. Sunil Narang, Counsel for Complainant.

Sh. Vinay Kumar Mishra, Counsel for OPs (ex-parte).

 

PER SURESH KUMAR SARDANA, MEMBER

 

 

 

1.      Enticed by the offer of one HCL Tablet and 6 Nights/7 Days stay in Goa with family, on obtaining Membership of Opposite Parties, who are in the business of organizing holidays, the Complainant obtained the Membership on 20.9.2013 by paying Rs.29,850/-, whereafter he was issued Membership Card along with covering letter. It has been alleged that since the Complainant wanted to celebrate his marriage anniversary, falling on 18^th Nov., in Goa, along with his family, he requested the representatives of the Opposite Parties, to book a Hotel in Goa from 16^th Nov. 2013 to 20^th Nov. 2013, but they kept on delaying the same on one pretext or the other. Ultimately, the Opposite Parties informed the Complainant that due to some technical error, his membership would start in Oct. 2013 and thus he cannot avail the facility of Hotel under membership till Dec. 2013. Totally astounded by this, the Complainant requested the Opposite Parties in Oct. 2013 to cancel his membership and refund the amount of Rs.29,850/-. In compelling circumstances, the Complainant availed the services of another travel agent, for visiting Goa, on the occasion of his marriage anniversary in Nov. 2013. After coming back from the trip, the Complainant requested the Opposite Parties to refund the amount vide e-mails dated 26.11.2013, 05.12.2013, 25.01.2014 and 10.3.2014, but got no response. Eventually, the Complainant got served a legal notice dated 18.12.2014 upon the Opposite Parties, but the same failed to fructify. Hence, this complaint has been filed alleging the said act of the Opposite Parties as gross deficiency in service and unfair trade practice. 

 

2.      Notice of the complaint was sent to Opposite Parties, seeking their version of the case. However, despite service, nobody has appeared on behalf of Opposite Party No.1, therefore, it was proceeded against ex-parte on 18.11.2015.

 

3.      Opposite Party No.2 filed its written statement pleading that the Complainant had the Membership Application Form (for brevity ‘MAF’), which was duly explained to him. It has been admitted that part payment of Rs.29,850/- was made in pursuance to the said MAF and as per the policy of the Opposite Party. It has been pleaded that as per the Policy, welcome call and kit was provided to the Member. The Complainant was duly informed that the Members are entitled for booking in the properties of the Opposite Party according to seasons classification chart sent along with the welcome kit. It has been asserted that the Complainant is not entitled for any refund according to the MAF. Denying all other allegations and stating that there is no deficiency in service on its part, Opposite Party No.2 has prayed for dismissal of the complaint. 

 

4.      After filing reply, none appeared on behalf of Opposite Party No.2, so, it was also proceeded against ex-parte on 03.02.2016.

 

5.      We have heard the learned Counsel for the Parties and perused the record along with the written arguments filed on behalf of the Complainant. 

 

6.      It is established fact that the Complainant got the Membership of the Opposite Parties by paying Rs.29,850/-. The Complainant was also issued Membership Card of the Opposite Parties placed at Annexure C-3 and C-4. The Complainant was not supplied copy of the terms and conditions of membership of the Opposite Parties. Since the Complainant was not given the package, as committed while giving membership to him by the Opposite Parties, he had requested for cancellation of the membership and refund of the amount paid. However, the Opposite Parties neither cancelled the membership nor refunded the amount paid by the Complainant. Furthermore, the Opposite Parties had not responded any of the e-mails sent by the Complainant for Redressal of his grievance. Hence, we are of the concerted view that this act of the Opposite Parties amounts to deficiency in service and their indulgence in unfair trade practice.

 

7.      In view of the above discussion, the complaint is allowed. The Opposite Parties are directed, jointly and severally, as under:-

(i)  To refund the amount of Rs.29,850/- to the complainant along with interest @12% per annum from the date of deposit till realization.

(ii) To make payment of Rs.10,000/- to the complainant towards compensation for causing mental and physical harassment.

 

    (iii) To make payment of Rs.10,000/- to the complainant as litigation expenses.

 

8.      This order shall be complied with by the Opposite Parties within one month from the date of receipt of its certified copy; thereafter, they shall pay the amount at Sr.No.(ii) above with interest @ 12% per annum from the date of filing of the complaint till realization, besides complying with directions at Sr.No.(i) and (iii) above.

 

9.      Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

28^th March, 2016                                        

Sd/-

(SURJEET KAUR)

PRESIDING MEMBER

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER