ORDER

Per NIPUR CHANDNA, MEMBER

The case of the complainant is that the officials of the OP called him up at Green Longue Restaurant and gave him a discount of Rs. 1,500/- on a bill on 1-5-2014, and being impressed by it.  Complainant took titanium membership of the OP by paying Rs. 19,100/-.  It is alleged by the complainant that having paid a sum of Rs. 19,100/- he was to get:

1. Free stay twice a year for three days and two nights at any of the location in India for three consecutive years.
2. Life Time membership of drink and dines Restro Bar Card by which members get 50 % discount in the restaurant at Delhi and NCR.
3. Gift Vouchers was given namely the Connaught Nile and Indus Flavour.  It is further alleged by the complainant that he never got 50 % discount in Restaurant Bills through drink and restro bar under the protest that their agreement with the OP company had expired.  Some of restaurants flatly refused to accept it.  The complainant further alleged that there were number of occasions when he could not use the above card, the incidents are mentioned in  Para 6 of which are elaborated as under:-

1. On 19.5.2014 I had gone to Nile restaurant where they have refused to accept the card.
2. I had gone to great Plateau restaurant in East Delhi Shahdara, Delhi with my guest where they have refused to accept the card, therefore, I had to face huge harassment before my guest. They told me that the card can be use after two hours and till them you have to wait thus I was in a way force to move to some other restaurant.
3. On 13.7.2014, I had gone to Aroma restaurant near Karkardooma Courts (Shahdara East Delhi) but I was shocked and surprised to see that it was D grade Dhaba and I felt ashamed before my guest.

 The complainant has tried to contact the customer care of the OP companyseveral times but all in vain.  The complainant has alleged that the OP had failed to give promised services despite charging the sum of Rs. 19,100/- from him. Hence, the complai

  Registered notices were issued to the OP on 12/11/2014 and 23/12/2014. The notices were not received back unserved and therefore the service was presumed to have been effected on the OP.  Since none had appeared on behalf of the OP, it were ordered to be proceeded with ex-parte.

  The complainant has filed his own affidavit and has corroborated the contents of the complaint.

  We have heard arguments advanced at the bar and have perused the record.

  The complainant has placed on record documents showing that the OP had given him a membership after charging a sum of Rs. 19100/- from him i.e. Ex. CW1/1 to CW1/2.  The complainant has also placed on record the copy of the discount coupons , gift vouchers, gift certificate i.e. Ex. CW1/3 to CW1/10.

     Before filing the complaint, complainant had served legal notice dated 26.7.2014 i.e. Ex. CW1/11 on the OP.  The OP had failed to comply or refute the allegations leveled in the notice. .  In a number of cases, courts have held that where seriousallegations are made against a noticee in a notice and the allegations are  not refuted and the notice is simply ignored, a presumption may be drawn that the allegations made in the notice are true. (See Kalu Ram VsSita Ram 1980 RLR (Note 44) and Metro Polis Travels vsSumitKalra&Another 98 (2002) DLT 573 (DB).

  The present case is one where a presumption needs to be drawn in favour of the complainant.  The affidavit filed by the complainant which has remained unrebutted shows that the OP had failed to give due service to the complainant and had rather put him off on one pretext or the other. We are convinced that the OP is guilty of deficiency in service and direct it as under:

1. pay to the complainant a sum of Rs. 19,100/- to the complainant along with interest @ 10% p.a. from the date of institution of this complaint  i.e. 10.11.2014 till payment.
2. pay to the complainant a sum of Rs. 10,000/- for causing harassment , pain and mental agony.
3. pay to the complainant a sum of Rs. 5,000/- as cost of litigation.

The OPs shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum.  IF the OPs fail to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.

    Copy of the order be made available to the parties as per rule.  File be consigned to record room.

    Announced in open sitting of the Forum on.....................