Chandigarh

StateCommission

FA/41/2014

Dr. Shashanka Mohan Bose - Complainant(s)

Versus

Mahindra Holidays & Resorts India Ltd. - Opp.Party(s)

Sh. Sajal Koser Adv.

27 Mar 2014

ORDER

 
First Appeal No. FA/41/2014
(Arisen out of Order Dated null in Case No. of District )
 
1. Dr. Shashanka Mohan Bose
Chd.
...........Appellant(s)
Versus
1. Mahindra Holidays & Resorts India Ltd.
through its Managing Director,Mahindra Towers, 2nd Floor, 17/18, Patullous Road,Mount Road, Chennai-600002
2. The Branch Manager
Mahindra Holidays and Resorts India Limited, SCO 68-69, Second Floor, Sector-8-C, Madhya Marg, Chandiarh-160008
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE SHAM SUNDER PRESIDENT
 HON'ABLE MR. DEV RAJ MEMBER
 HON'ABLE MRS. PADMA PANDEY MEMBER
 
PRESENT:
 
ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T.,CHANDIGARH

                                                                 

First Appeal No.

:

41 of 2014

Date of Institution

:

04.02.2014

Date of Decision

:

27.03.2014

 

1.    Dr. Shashanka Mohan Bose son of Late Sh. S.N.     

2.    Pratima Bose wife of Dr. Shashanka Mohan Bose,Chandigarh 

……Appellants/Complainants.

Versus

1.    Mahindra Holidays & Resorts India Ltd., through itsnd2.   Chandigarh             

 

....Respondents/Opposite Parties.

 

Appeal under Section 15 of the Consumer Protection Act, 1986.

 

BEFORE:  

               

               

 

Argued by:

                  

 

PER DEV RAJ, MEMBER.

             

“11.

[a]   To refund the entire amount received from the Complainants towards the Membership fee, without any deductions;

[b]   To pay Rs.25,000/- on account of deficiency in service and causing mental and harassment to the Complainant; 

[c]   To pay Rs.10,000/- as cost of litigation;

12. 

2.          

3.           

4.              C-13.

5.          6.          

7.           

8.          

9.           

10.        

11.         

12.        

13.        

14.        

15.        Chandigarh   

16.        

17.         

18.        

19.        

i)      Direction No.11(a) of the impugned order is upheld. However, while complying the Direction No.11(a) of the impugned order, the respondents/Opposite Parties, are directed to refund the entire amount, received from the complainants, to the tune of Rs.3,75,055/- [Rs.1,94,413/- paid by complainant No.1 + Rs.1,80,642/- paid by complainant No.2), towards the Membership fee, without any deduction, alongwith interest @12% per annum from the respective dates of deposits;

ii)     The respondents/Opposite Parties, are directed to pay an amount of Rs.60,000/- as compensation on account of mental agony and physical harassment, instead of Rs.25,000/-, as awarded by the District Forum.

iii)   Direction No.11(c) in the impugned order, awarding an amount of Rs.10,000/- as litigation costs to the appellants/complainants, is upheld.

iv)    In the event of non-compliance of directions in    

20.        

21.        

Pronounced.

March .

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

 

 


Sd/-

(DEV RAJ)

MEMBER

 

 

Sd/-

(PADMA PANDEY)

        

 

Ad


 

STATE COMMISSION

(First Appeal No.41 of 2014)

Argued by:

                  

 

Dated the 27th

 

ORDER

 

             Vide our detailed order of the even date, recorded separately, this appeal filed by the appellants/ complainants has been partly accepted, with no order as to costs. The order of the District Forum has been modified.

 

 

Sd/-

(DEV RAJ)

MEMBER

Sd/-

(JUSTICE SHAM SUNDER (RETD.))

PRESIDENT

Sd/-

(PADMA PANDEY)

MEMBER

 

Ad

 

 

 

 
 
[HON'BLE MR. JUSTICE SHAM SUNDER]
PRESIDENT
 
[HON'ABLE MR. DEV RAJ]
MEMBER
 
[HON'ABLE MRS. PADMA PANDEY]
MEMBER

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