Chandigarh

DF-II

CC/609/2017

Shashikant Sharma - Complainant(s)

Versus

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

Kulwinder Singh Adv. & Raghubir Singh Adv.

12 Oct 2017

ORDER

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

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Consumer Complaint  No	:	609 of 2017
Date  of  Institution	:	11.08.2017
Date   of   Decision	:	12.10.2017

 

 

 

 

Shashikant Sharma s/o G.D.Sharma, R/o Flat No.205, Primrose Tower, Mayfair Society, Sector 70, Mohali, Punjab.

                               …..Complainant

Versus

Jukaso Resorts Pvt. Ltd. (Journeys Resort Private Limited), SCO 6-7, 2^nd Floor, Sector 8-C, Chandigarh, India through its Incharge/M.D./Director

    2^nd Address:-

    Jukaso Resorts Pvt. Ltd. (Journeys Resorts Private Limited), I.T. Composite Towers, Plot No.1, I.D.C. Mehrauli Road, Gurgaon, through its Incharge/M.D./Director.

                          ….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

                                SH.RAVINDER SINGH              MEMBER 

 

                               

Argued by :     Sh.Gaurav Bhardwaj, Adv. for the complainant

Opposite Party exparte.

  

PER PRITI MALHOTRA, MEMBER

 

 

          Briefly stated, the complainant being allured by the offers & assurances made by the Opposite Party, took its membership whereby Opposite Party was to provide free stay for 4 nights/5 days in specified tourist destinations at various Hotels for next 5 years for which the total membership of Rs.50,000/- was charged, which the complainant paid vide receipt Ann.C-2 & C-3 dated 25.9.2015 and 26.9.2015 respectively.  The complainant was issued Membership Card (Ann.C-4) and also filled application for dated 25.9.2015 (Ann.C-5). It is averred that the complainant approached OP on 18.11.2015 for booking of accommodation/resorts in Jim Corbett for 27.12.2015 to 29.12.2015 but the Opposite Party failed to give any response, as a result, the complainant had to incur loss of travel arrangement from his own pocket and therefore, the complainant sent emails to Opposite Parties on 5.12.2015 & 25.12.2015 seeking refund of the amount (Ann.C-6 & C-7). It is also averred that thereafter, the complainant made several calls to the Opposite Party as well as exchange numerous mails, but the Opposite Party did not send any refund.  Hence, this complaint has been filed alleging deficiency in service on the part of Opposite Party.

 

2]       Opposite Party did not turn up despite service of notice sent through regd. post on 18.8.2017, hence it was proceeded exparte vide order dated 18.9.2017.

 

3]       Complainant led evidence in support of his contentions. 

 

4]       We have heard the ld.Counsel for the complainant and have also perused the entire record.

 

5]       The complainant made payment of Rs.50,000/- to the Opposite Parties while getting membership is proved from receipt Ann.C-2 & C-3 dated 25.9.2015 and 26.9.2015 respectively.  It is also proved that the complainant was issued Membership Card (Ann.C-4) and also filled application form dated 25.9.2015 (Ann.C-5).

6]       It is contended that the complainant approached OP on 18.11.2015 for booking of accommodation/resorts in Jim Corbett for 27.12.2015 to 29.12.2015 but the Opposite Party failed to give any response. The complainant claimed that he had to incur loss of travel arrangement from his own pocket (but not placed on record any proof for that).  It is also contended that the complainant sent numerous emails to Opposite Party claiming refund of the amount (Ann.C-6 & C-7).

7]       It is proved on record that the OP despite having exchanged e-mail correspondences with the complainant (Ann.C-8 to Ann.C-27), failed to redress grievance of the complainant by refunding the amount to the complainant, as payed for.

 

8]       The absence of Opposite Party draws an adverse inference that despite having knowledge of the dispute in question, it chose not to appear and it did not come forward to defend the claim of the complainant for the simple reason that either it admit the claim of the complainant or left with nothing to contradict the claim raised by the complainants. Hence, the allegations of the complainant supported by duly sworn affidavit goes unrebutted and unchallenged.

 

9]       In the light of above observations, we are of the opinion that the deficiency in service on the part of Opposite Party is proved.  Therefore, the present complaint of the Complainant is allowed against Opposite Party with following directions:

 

[a]      To refund Rs.50,000/- to the complainant;

 

[b]      To pay Rs.10,000/- to the complainants as consolidated amount of compensation for causing mental agony and harassment for the deficiency in service of the OPs.

 

[c]     To pay Rs.7,000/- towards litigation expenses to the complainants. 

 

         The above said order shall be complied within 30 days of its receipt by the Opposite Party; thereafter, it shall be liable to pay an interest @12% per annum on amount as mentioned in sub-para [a] & [b] above from the date of filing this complaint till it is paid, apart from complying with directions as at sub-para [c] above.

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

Announced

12^th October, 2017                                                                      Sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER