Before the District Consumer Disputes Redressal Forum, Room No. 208 2^nd Floor, District Administrative Complex, Tarn Taran

Consumer Complaint No  :  23 of 2017

Date of Institution                      :  17.04.2017

Date of Decision               :  07.03.2019

Dharamveer Singh son of Jagdish Singh resident of Plot No. 75, Focal Point, Bus Stand Tarn Taran Tehsil and District Tarn Taran..

                                                                             …..Complainant

                             Versus

Jukaso Resorts Pvt. Ltd. C/o Jukaso IT Studies, 1 IDC, Gurgaon Mehrauli road, Gurgaon, 122001 through its M.D.

                                                                             …Opposite Party

Complaint Under Section 12 and 13 of the Consumer Protection Act .

Quorum:               Sh. Charanjit Singh, President

Smt. Jaswinder Kaur, Member

                             Sh. Jatinder Singh Pannu, Member

For Complainant                     Sh. H.S. Sandhu Advocate

For Opposite Party                           Exparte.

ORDERS:

Charanjit Singh, President;

1        The complainant Dharamveer Singh has filed the present complaint under Section 12 and 13 of the Consumer Protection Act (herein after called   as 'the Act') against the opposite parties on the allegations that the complainant is a self employed and having a hobby of travelling. He had got membership of the opposite party which deals in travelling business and is having vacation resorts at various places throughout the world by paying Rs.45,000/- as membership fee as first installment. The payment of the installment of Rs. 45,000/- was made by the complainant from his saving account operating with the Axis Bank Branch Tarn Taran having account No. 912010049704081 with transaction ID No. 27536613 dated 20.10.2015. After thorough consideration on this membership, the complainant decided to surrender the membership and get his membership fee back, he immediately mailed regarding this to the opposite party on 25.10.2015 i.e. within the look in period of 10 days and the same was accepted by the opposite party and the opposite party promised to repay this amount to the complainant within 40/50 days period by transferring the same in his saving account mentioned above. After waiting for about two months the complainant again approached the opposite party through correspondence through mail for requesting to get Rs. 45,000/- back from the opposite party but the opposite party did not make that payment so the complainant had to mail the request again and again for numerous time but all occasions the opposite party promised to repay this amount but did not fulfill its promise and the complainant could not get the membership fee back from the opposite party. The complainant personally visited the opposite party in the month of December 2016 and on his arrival the opposite party handed over a cheque bearing No. 002787 dated 29.10.2016 to the complainant and promised that the same will be honorued on its presentation by the representatives of the opposite party namely Payal. The complainant after returning back to his house deposited the cheque in his saving account with the ICICI Bank Branch Tarn Taran but the same was returned by his banker with the memo dated 19.1.2017 with remarks “Funds Insufficient” The complainant was very much embarrassed after knowing the dishonouring of cheque and again telephonically called the above said Payal regarding it and she promised that the amount of Rs. 38,500/- will be transferred in the account of complainant in a day or two. But the same has not been received by the complainant till date and the cause of action of the present complaint on 5.2.2017 when the complainant’s phone number was listed by the opposite party in the reject list and the complainant lost all hope of receiving the members ship fee back. This act of the opposite party amounts to deficiency in service and the complainant has requested this Forum to direct the opposite parties to repay Rs. 45,000/- to the complainant being the return of the membership fee deposited by the complainant to it and the complainant has also prayed Rs. 15,000/- as litigation expenses and Rs. 10,000/- as litigation expenses.   

2        Notice of this complaint was sent to the opposite party but the opposite did not appear in this case and consequently the opposite party was proceeded against exparte vide order dated 25.7.2017 of this Forum.

3        In order to prove his case, the complainant has tendered in evidence his affidavit Ex. C-1 alongwith documents Ex. C-2 to Ex. C-10 and closed his evidence.

4        We have heard the complainant and have also carefully gone through the evidence and documents on the file.

5        Ld. counsel for the complainant contended that the complainant is a self employed and having a hobby of travelling. He had got membership of the opposite party which deals in travelling business and is having vacation resorts at various places throughout the world by paying Rs.45,000/- as membership fee as first installment. He further contended that the payment of the installment of Rs. 45,000/- was made by the complainant from his saving account operating with the Axis Bank Branch Tarn Taran having account No. 912010049704081 with transaction ID No. 27536613 dated 20.10.2015. He further contended that after thorough consideration on this membership, the complainant decided to surrender the membership and get his membership fee back, he immediately mailed regarding this to the opposite party on 20.10.2015 i.e. within the look in period of 10 days vide Ex. C-4. He further contended that the same was accepted by the opposite party and the opposite party promised to repay this amount to the complainant within 40/50 days period by transferring the same in his saving account mentioned above. He further contended that after waiting for about two months the complainant again approached the opposite party through correspondence through mail for requesting to get Rs. 45,000/- back from the opposite party but the opposite party did not make that payment so the complainant had to mail the request again and again for numerous time.  He further contended that the opposite party promised to repay this amount but did not fulfill its promise and the complainant could not get the membership fee back from the opposite party. He further contended that the complainant personally visited the opposite party in the month of December 2016 and on his arrival the opposite party handed over a cheque bearing No. 002787 dated 29.10.2016 to the complainant and promised that the same will be honorued on its presentation by the representatives of the opposite party namely Payal. The complainant after returning back to his house deposited the cheque in his saving account with the ICICI Bank Branch Tarn Taran but the same was returned by his banker with the memo dated 19.1.2017 with remarks “Funds Insufficient” vide Ex. C-8. He further contended that the complainant was very much embarrassed after knowing the dishonouring of cheque and again telephonically called the above said Payal regarding it and she promised that the amount of Rs. 38,500/- will be transferred in the account of complainant in a day or two. But the same has not been received by the complainant till date. He further contended that this act of the opposite party amounts to deficiency in service, unfair trade practice and prayed that the present complaint may be allowed as prayed for in the complaint.  

6        The complainant has proved on record various e-mails Ex. C-3 to C7. Vide e-mail dated 25.10.2015 Ex. C-3 the complainant has proved on record that he requested the opposite party that due to some unforgettable cirucmstances and sudden financial crisis he would like to withdraw from membership of jukaso journeys and he further requested to refund Rs. 45,000/- to him. The complainant also placed on record another e-mail  dated 5.11.2015 and e-mail dated 21.11.2015. In response to that e-mails, the opposite party has replied through email dated 24.11.2015 vide Ex. C-5. Ex. C-6 and  Ex-7 also shows that conversation regarding the same between the complainant and opposite party. The complainant has also placed on record, one document Ex. C-8 which is memo dated 19.1.2017 of the bank and showing that the cheque for Rs. 38,350/- has been dishonoured due to reason of funds insufficient.  Ex. C-9 is cheque for Rs. 38,350/- issued in favour of Dharamveer Singh Sandhu complainant issued by JRPL A Unit of Journeys Resorts Pvt. Ltd. From above said record it shows that the complainant has obtained the policy on 20.10.2015 and on the first time the complainant has made the request to the opposite party for cancel the same on 25.10.2015. After admitting the request of the complainant, the opposite party has refunded the amount of Rs. 38,350/- through cheque Ex. C-9. But later on the cheque was dishonoured ide memo Ex. C-8. It constituted deficiency in services on the part of the opposite party.

7        The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Party is proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was given to the Opposite Party and opposite party has opted not to defend the present case and has not appeared in the Forum in order to contest the complaint which shows that the Opposite Party has nothing to say upon the allegations leveled against him by the complainant. As such, the complainant is entitled to the relief claimed in the complaint and it stands established on record that the complainant has surrendered the membership within free look period but the opposite party has not returned the amount to the complainant. By not coming in this Forum to contest the present case, it shows that the opposite party does not want to say anything in this case.

7        In light of the above discussion, the complaint succeeds and the same is hereby partly allowed with costs in favour of the complainant and against the Opposite Party. Opposite Party is directed to refund Rs. 45,000/- (Rs. Forty five thousand only) to the complainant.  The complainant is also entitled to Rs5,000/- (Rs. Five Thousand only) as compensation on account of harassment and mental agony and 3,000/- (Rupees Three thousand only) as litigation expenses. Opposite Party is directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation.  Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.

(Charanjit Singh)

     (J.S. Pannu)     President        (Jaswinder Kaur)

        Member                                    Member