Chandigarh

DF-I

CC/149/2018

Col. Manoj Rathee - Complainant(s)

Versus

Magic Holidays Panoramic Group - Opp.Party(s)

Tarun Gupta

01 Aug 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/149/2018
Date of Institution	:	04/04/2018
Date of Decision	:	01/08/2018

 

Col. Manoj Rathee S/o Shri R.S. Rathee, R/o H.No. 82-A, Chandimandir Cantt., Panchkula.

…..Complainant

 

V E R S U S

 

1]      Magic Holidays Panoramic Group, SCO 65, 2^nd Floor, Sector 32-C, Chandigarh, through its Authorized Representative.

2]      Magic Holidays Panoramic Group, Aman Chambers, 4^th Floor, Opposite New Passport Office, Veer Savarkar Road, Prabhadevi, Mumbai – 400025, through its Authorized Representative.

…… Opposite Parties

 

QUORUM:	SH.RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	SH.SURESH KUMAR SARDANA	MEMBER

       

                               

ARGUED BY	:	Sh. Tarun Gupt, Counsel for Complainant.
		Sh. Daljit Singh, Senior Executive for OPs (OPs already ex-parte).

 

PER SURJEET KAUR, MEMBER

1.         Col. Manoj Rathee, Complainant has preferred this Consumer Complaint under Section 12 of the Consumer Protection Act, 1986, against the Magic Holidays Panoramic Group & Another (hereinafter called the Opposite Parties), alleging that he took the Membership of Opposite Parties and opted for “Flexi Magic Reg White Studio Apr 2017” with a tenure of 25 years for a price of Rs.2,30,000/-. The Complainant made a total payment of Rs.87,123/- and desired to avail holidays, but his request was declined without assigning any reasons. He accordingly took up the matter with the Opposite Parties, through various e-mails, but when there was no positive headway, a legal notice dated 08.02.2018 was served upon the Opposite Parties seeking refund of the amount along with interest. After the receipt of the legal notice, the Opposite Parties cancelled the Membership of the Complainant and rejected the request for refund of the amount paid by the Complainant. With the cup of woes brimming, the Complainant has filed the instant consumer complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party.
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case. However, nobody appeared on behalf of Opposite Parties despite service, therefore, they were proceeded ex-parte.
3.         Complainant led evidence.      
4.         We have gone through the entire evidence and heard the arguments addressed by the Ld. Counsel for the Complainant and Sr. Executive for Opposite Parties (Opposite Parties already ex-parte). 
5.         In the present circumstances, the averments of the complaint have gone unrebutted in the absence of the Opposite Parties who were duly served and preferred neither to appear in person, nor through their Counsel.
6.         There is no dispute about the fact that neither the Complainant has utilized any vacations from the Opposite Parties nor the Opposite Parties provided any service to the Complainant. It is thus established beyond all reasonable doubts that the complaint of the Complainant is genuine. The harassment suffered by the Complainant is also writ large. At any rate, the Opposite Parties have certainly and definitely indulged into unfair trade practice as they ought to have resolved the matter by refunding the amount of Rs.87,123/- to the Complainant, which they failed to do and rather propelled this unwarranted, uncalled for litigation upon the Complainant. The Opposite Parties even did not bother to redress the grievance of the Complainant, despite having approached for the same by the Complainant time & again.  Thus, finding a definite deficiency in service on the part of the Opposite Parties, we have no other alternative, but to allow the present complaint against the Opposite Parties.
7.         For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Parties, and the same is partly allowed. The Opposite Parties are, jointly and severally, directed:-

[a]   To refund the amount of Rs.87,123/- to the complainant with interest @9% p.a. from the respective date(s) of deposits till its realization. 

[b]   To pay Rs.10,000/- to the Complainant on account of deficiency in service, and causing mental agony and harassment; 

[c]   To pay to the complainant Rs.7,000/- as costs of litigation.

8.         The above said order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the amount mentioned in sub-para [a] above from the date of receipt, till it is paid. The compensation amount as per sub-para [b] above, shall carry interest @12% per annum from the date of institution of this complaint, till it is paid, apart from cost of litigation mentioned at Sr. No. (c) above.
9.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
01/08/2018	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President