Chandigarh

DF-I

CC/54/2018

Kewal Krishan Dhawan - Complainant(s)

Versus

Magic Holidays - Opp.Party(s)

Gaurav Bhardwaj

01 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/54/2018
Date of Institution	:	23/01/2018
Date of Decision	:	01/05/2018

 

Kewal Krishan Dhawan, Resident of House No.2322, Astha Apartments, Sector 48-C, Chandigarh.

…..Complainant

V E R S U S

 

[1]     Magic Holidays (Panoramic Holidays Ltd.), SCO No.65, 2^nd Floor, Above India Overseas Bank, Sector 32-C, Chandigarh, through its Manager/ Authorized Signatory.

 

[2]     Magic Holidays (Panoramic Holidays Ltd.), Khatau House, Basement, Plot No. 401/411, Mogul Lane, Mahim (West), Mumbai 400016, through its Managing Director/Authorized Signatory.

…… Opposite Parties

 

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

                                                               

ARGUED BY	:	Sh. Gaurav Bhardwaj, Counsel for Complainant.
		OPs ex-parte.

                       

PER SURESH KUMAR SARDANA, MEMBER

1.         Sh. Kewal Krishan Dhawan, complainant has preferred this Consumer Complaint under the Consumer Protection Act, 1986, against M/s Magic Holidays (Panoramic Holidays Limited) and Another (hereinafter called the Opposite Parties), alleging that allured by the several attracting offers and commitments on purchase membership of Magic Holidays for a special discount price of Rs.77,700/-, the Complainant parted with a sum of Rs.19,425/- as down payment on 20.09.2017 and the rest of the amount was to be deducted @ Rs.4856/- per month. The Complainant received a Welcome e-mail and booklet on 25.09.2017, containing detailed terms & conditions of the Membership. Thereafter, having gone through the said terms and conditions, the Complainant found that the same were not suitable to him and immediately sent an e-mail dated 09.10.2017 (within 15 days) to the Opposite Parties regarding cancellation of the Membership and a request for not deducting Rs.4,856/- and refund of the amount. However, the Opposite Party vide e-mail dated 17.10.2017 refused to refund the amount. 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 Parties.
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case. However, despite service, nobody has appeared on behalf of Opposite Parties, therefore, they were proceeded against exparte.
3.         Complainant led evidence.      
4.         We have gone through the entire evidence and heard the arguments addressed by the Learned Counsel for the Complainant (Opposite Parties No.1 and 2 being 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. It is established beyond all reasonable doubts that the complaint of the Complainant is genuine. The harassment suffered by the Complainant is also writ large.  The Opposite Parties have certainly and definitely indulged into unfair trade practice as they ought to have initiate cancellation of the Membership and to make refund, promptly, when requested by the Complainant, especially when the Complainant did not avail any facility, which they failed to do and propelled this unwarranted, uncalled for litigation upon the Complainant. At any rate, the Opposite Parties even did not bother to redress the grievance of the Complainant despite having approached for the same by the Complainants time and 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.
6.         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 & severally, directed:-

[a]    To refund Rs.19,425/- to the Complainant, along with interest @9% per annum from the date of request for refund i.e. 09.10.2017, till it is actually paid;

[b]    To pay Rs.10,000/- as compensation to the complainant for the unfair trade practice and harassment caused to him.

[c]    To also pay a sum of Rs.7,000/- to the complainant as litigation expenses. 

7.         The above said order shall be complied within 30 days of its receipt by the Opposite Parties No.1 to 2; thereafter, they shall be liable for an interest @12% per annum on the amount mentioned in sub-para [a] above from the date of request for refund i.e. 09.10.2017, 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 as in sub-para [c]. 
8.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced                        

01.05.2018

                                 Sd/-

(RATTAN SINGH THAKUR)

PRESIDENT

 

Sd/-

(SURJEET KAUR)

MEMBER

      

                           Sd/-

 (SURESH KUMAR SARDANA)

MEMBER

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