Chandigarh

DF-II

CC/364/2017

Sohan Lal Goel - Complainant(s)

Versus

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

Savinder Singh Gill Adv.

09 Aug 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	364/2017
Date of Institution	:	25.04.2017
Date of Decision	:	09/08/2017

 

                                       

                                               

1.     Sohan Lal Goel s/o Sh.Bhim Sain r/o # 1326, Sector 10, Panchkula.

 

2.     Kamlesh Goel wife of Sohan Lal Goel r/o # 1326, Sector 10, Panchkula.

                                ...  Complainants.

Versus

 

1.     Jukaso Resorts Pvt. Ltd., SCO No.6-7, IInd Floor, Madhya Marg, Sector 8, Chandigarh through its Managing Director/Director (now shifted to SCO 222-223, 3^rd Floor, Sector 34-A, Chandigarh).

 

2.     Jukaso Resorts Pvt. Ltd., Corporate Office: I.T. Composite Towers, Plot No.1, I.D.C. Mehrauli Road, Gurgaon-122001 through its Managing Director/Director.

…. Opposite Parties.

 

BEFORE:    SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by:

                   Sh.Savinder Singh Gill, Adv. for the complainant

                   OPs exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.         In brief of the case of the complainants is that allured by the representations made by the official of the OPs and  in order to buy the membership of the OPs, they paid Rs.1,00,000/- vide two receipts bearing No.320 and 321 dated 04.05.2015 (Annexure C-1 and C-2).   In pursuance of the payments, the complainants were issued certificate membership certificate dated 04.05.2015 for a period of 10 years by the OPs whereby they could avail the membership of the OPs in regard to the bookings at the list of properties of Jukaso Group for holiday packages in India and abroad. Subsequently, the complainants requested the OPs to provide the terms and conditions of the membership and the list of the properties or accommodation owned by them across the world so that they could avail holiday packages but they had closed their offices. The complainants also sent e-mails to the OPs but to no effect. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.         Initially, Sh.Rajnish Kumar, Agent has put in appearance on behalf of the OPs and thereafter the case was fixed for filing reply and evidence for 16.06.2017. But on the date fixed, none appeared on behalf of the OPs and as such fresh notice was again issued to the OPs on the shifted address for 14.07.2017. On the date fixed i.e. 14.07.2017, the case was called many times but nobody appeared on their behalf and, therefore, they were ordered to be proceeded against exparte and the case was fixed for arguments.
3.         We have heard the learned counsel for the complainants and have gone through the documents on record.
4.         In exparte evidence, the complainants have filed their respective detailed affidavits reiterating the averments made in the complaint. The complainants have also placed on record Annexures C-1 and 2 i.e. two receipts for Rs.25,000/-and Rs.75000/- both dated 04.05.2015 towards the membership fee of the OPs.  Annexure C-3 is the copy of the membership certificate for 10 years. Annexure C-4 is the visiting card of Sh.Sohan Singh, Branch Manager of the OP-Company. The complainants have also placed on record the copies of the e-mails vide which they requested the OPs to provide the list of hotels (owned/tie-up) properties by the Jukaso and the terms and conditions of using tie-up properties if any. The complainants have specifically deposed in their affidavit that the OPs have closed their offices.          The opposite parties chose not to appear before this Forum.  Therefore, in the absence of any rebuttal from the side of the opposite parties, the version of the complainants, supported by the duly sworn affidavit, must prevail.  Failure on the part of the opposite parties to honour their commitments, therefore, amounts to deficiency in service and the complaint deserves to be allowed. 
5.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The opposite parties are directed as under ;-

1. To refund Rs.1,00,000/-  to the complainants received as membership fee.
2. To pay Rs.20,000/- as compensation for mental agony and physical harassment.
3. To pay Rs.7,500/- as litigation expenses.

This order be complied with by the Opposite Parties, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(i) and (ii) shall carry interest @9% per annum from the date of institution of the complaint till its actual payment besides payment of litigation costs.

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

Announced

09/08/2017                                                                      sd/-

(RAJAN DEWAN)

PRESIDENT

 

sd/-

(PRITI MALHOTRA)

MEMBER

 

sd/-

(RAVINDER SINGH)

MEMBER