DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No. 114/2015

Smt. Sobha Bhajantri

W/o Shri Fakeerappa Gangappa

D-303, D Block Sewa Nagar,

New Delhi-110003                                                          ….Complainant

Versus

1.       Jukaso Resorts Pvt. Ltd.

          (through its Directors)

          Head Office:

          I.T. Composite Towers,

          Plot No.1, IDC Mehrauli Road,

          Gurgaon-122001

2.       Jukaso Resorts Pvt.

          (Through its Manager)

          Jukaso Resorts Pvt. Ltd.

          Shop No.17, First Floor,

          MGF Metropolitan Mall,

          Saket, New Delhi-110017       

          Also at:

          Sunder Nagar,

          New Delhi-110003                                                ….Opposite Party

                                                Date of Institution                    : 30.04.2015    Date of Order        : 05.03.2020

Coram:

Ms. Rekha Rani, President

Ms. Kiran Kaushal, Member

Ms. Kiran Kaushal, Member

ORDER

1. Briefly put, the complainant purchased a membership from Jukaso Resorts Pvt. Ltd. (OP) to avail the facilities of its hotels on 27.07.2014.  As per the membership plan of 10 years, OP was to charge total amount of Rs.1,24,998/- for membership. The member had to make down payment of Rs.18,750/- at the time of applying the membership. It was agreed between the parties that the complainant would make ECS installment of Rs.8,854/- on 5^th day of each month for 12 months.
   1. After making the down payment of Rs.18750/- the complainant received the membership certificate from OP. 
   2. It is pleaded that the complainant was thinking of paying the first installment on 5^th August, 2014. However, before he could make the payment he received cancellation of membership letter from OP on 12.09.2014. It is next submitted that OP cancelled the membership without any reason and that despite cancelling the membership OP deducted the ECS installment of Rs.8854/- on 01.10.14. Copy of the Saving Account detail is annexed as Annexure P-5.  On numerous occasions complainant approached OP and also sent email to OP to refund the down payment made by the complainant on 27.07.14 and Rs.8854/- which was deducted from his account towards installment by OP. The complainant on not receiving a satisfactory reply from OP approached this forum with the prayer to direct OP to refund Rs.27,604/- which was deposited by the complainant with OP @ 24% interest. Additionally it is prayed that OP be directed to pay Rs.2 lacs towards compensation for losses suffered and Rs.2 lacs towards mental pain, agony and Rs.21,000/- towards litigation expense.
2. Notice was issued to OP. OP appeared but failed to file its written statement within the statutory period and therefore the defence of OP was struck off vide order dated 09.11.2015.
3. Evidence and written arguments are filed on behalf of the complainant. Submissions made on behalf of the parties are heard and material placed on record is perused carefully.
4. Averments made by the complainant have remained uncontroverted and unchallenged. There is no reason to disbelieve the version of the complainant.
5. The complainant alongwith other documents has appended a Provisional Cash Receipt at page 18 with the complaint which confirms that the complainant paid Rs.18750/- to OP on 27.07.14. Further Savings Bank Account Statement of the Dena Bank annexed as Annexure P-5 reveals that Rs.8,854/- was withdrawn from the said account on 01.10.14.  The documents stated above substantiate the claim of the complainant that the complainant had paid Rs.27,604/- to OP for the membership.
6.  As per the submissions made by the complainant the complainant was to make the payment of fist installment on 5^th August, 2014 and the cancellation letter of membership was received by the complainant on 12.09.14 which proves that cancellation of membership was on account of complainant’s default in paying the installments.
7. Hence this forum is the opinion that OP was not at wrong deficient in service in cancelling the policy. Further it is noticed that an attempt to settle the matter was made by this Forum and OP was ready to refund the sum received i.e. Rs.27604/- to the complainant but the complainant refused to take the said amount, hence the settlement failed.
8. It is not the case of the complainant that after cancellation of membership by OP, complainant had instructed its Bank to stop the ECS payment which explains the payment to OP after cancellation of membership.
9. There is no denying the fact that having made the payment and further the money being deducted from the complainant’s account after cancellation would have caused harassment and mental agony to the complainant but the very fact that the complainant defaulted in making the first installment cannot be ignored. Therefore, this forum is of the opinion that OP after deducting a notional sum of Rs.5000/- towards administrative charges is directed to pay the balance amount of Rs.22604/- (Rs.27604/- minus Rs.5,000/- to the complainant alongwith interest @ 8% from the date of seeking refund i.e. 25.04.2015 within a period of two months from the date of receipt of copy of the order. Failing which OP shall become liable to pay interest @ 12% p.a. on the amount of Rs.22604/- from 25.04.2015 till realization.

10. Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 05.03.2020