DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM,GURGAON-122001

                                                                                                                      Consumer Complaint No: 271 of 2015                                                                                                                                                            Date of Institution: 22.05.2015                                                                                                                                                                   Date of Decision: 09.02.2016.

Neerj w/o Sh. Amit Singh R/o H.No.187, Housing Board Colony, Jharsa Road, Opposite Friends Colony, Gurgaon.

                                                                                        ……Complainant.

                                                Versus

Jukaso Resorts Pvt. Ltd, Corporate Office at I.T. Composite Towers, Plot No.1, I.D.C. Mehrauli Road, Gurgaon, Haryana through its Director/Authorized Person.

                                                                              ..Opposite party

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                 

BEFORE:     SMT JYOTI SIWACH, MEMBER

                   SH.SURENDER SINGH BALYAN, MEMBER.

Present:        Shri Sanjeev Saini, Ad v. for the complainant

                     OP exparte.

ORDER       JYOTI SIWACH, MEMBER.

The case of the complainant, in brief, is that on the representations of the officials of the opposite party the complainant decided to book the offer of free lunch and free holiday package of 3 days and 2 nights and great offer on membership given by the OP against the total cost of membership to the tune of Rs.2,40,000/- and 36 EMI Plan. The complainant has paid down payment of Rs.29,880/- and also paid four EMI of Rs.7174/- each on 17.05.2014, 07.06.2014, 07.07.2014 and 07.08.2014 and thus, she has paid a total sum of Rs.58,576/-. The complainant tried to book a resort at Manali but the opposite party did not book the said holiday destination. The opposite party also failed to give HCL Laptop free as offered by them.  After being defrauded and dissatisfied with the acts and services of the OP, the complainant requested to terminate/cancel her membership and refund the deposited amount of Rs.58,576/- through email and telephonically but of no use. The complainant also sent legal notice to the opposite party but of no avail and thus, the opposite party is deficient in providing services to the complainant. The complainant prayed that the opposite party be directed to refund Rs.58,576/- with interest @ 24 % p.a. She also sought compensation of Rs.80,000/- on account of harassment and mental agony and Rs.40,000/- on account of litigation expenses.

2                 Notice of the complaint was given to the opposite party. However, opposite party initially appeared but later on failed to appear before this Forum on 10.09.2015 and the OP was proceeded exparte vide order dated 10.09.2015.

3                 The complainant in his exparte evidence has filed her affidavit, and copy of application form Ex.C-1, Bank Statement showing debit entries in favour of OP Ex. C-2, copy of voucher Ex.C-3, Membership Card Ex.C-4, Welcome Letter Ex.C-5, copy of booklet showing Manali as destination for Jukaso Journeys Ex.C-6, copy of email Ex.C-7, copy of legal notice Ex.C-8 and postal receipt Ex.C-9.

4                 We have heard the learned counsel for the complainant and have perused the record available on file.

5                 Therefore, from the facts and circumstances of the case, evidence on the file and the arguments advanced by the learned counsel for the complainant besides going through the written arguments filed on behalf of complainant,  it emerges that the complainant has filed the present complaint against the OP alleging deficiency in service on their part on the ground that being lured by the advertisements and pamphlets of the OP, the complainant became the member of the OP Resorts by paying down payment of Rs.29,880/- and also paid four EMI of Rs.7174/- and thus, she has paid a total sum of Rs.58,576/- to the OP as shown in the Statement of account of the complainant Ex.C-2. The complainant tried to make the reservation for Manali but the opposite party failed to provide the same. They also failed to give HCL Laptop free as offered by the OP and thus, the opposite party has not provided the services to the complainant. The evidence produced by the complainant goes unrebutted as the opposite party failed to come present before this Forum to contest the case and thus, there is no reason to disbelieve the version of the complainant.

6                 Therefore, we accept the present complaint and direct the opposite party to refund Rs.58,576/- with interest @ 9 % p.a. from the date of filing of the present complaint till realization. The complainant is also entitled to compensation for harassment and mental agony and litigation expenses to the tune of Rs.5,000/-.

The opposite party shall make the compliance of the order within 30 days from the date of receipt of the copy of this order. The parties be communicated of the order accordingly and the file be consigned to the records after due compliance.

                                      S.S.Balyan (Member)       Jyoti Siwach(Member)

                                      DCDRF, Gurgaon            DCDRF, Gurgaon.

                                       09.02.2016                      09.02.2016