DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 14 OF 2014
Deepak Bhat,
S/O: T.S Bhat
Flat No. ME 302,Vedanta Township,
Sunarimunda, Jharsuguda
Dist -Jharsuguda, Odisha-768 201………..………..………….……….… Complainant.
Versus
The Managing Director,
Sterling Holiday Resorts (India) Limited,
Citi Tower, No.07, 3rd Cross Street,
Kasturba Nagar, Adyar,
Chennai- 600 020..……….……………………….………………………..…..Opp. Party.
Counsel for the Parties:-
For the Complainant Shri R.K.Sriwas, Advocate.
For the Opp. Party None(Ex-parte)
Date of Order: 15.09.2014
Present
1. Shri S. K. Ojha, President In-Charge.
2. Smt. A. Nanda, Member (W).
Shri S.K. Ojha, President In-Charge :- The complainant’s case in brief is that, he had received a phone call from the O.P who offered him a Holiday Vacation Ownership Plan at a cost of Rs.3,63,825/- only which was to be paid in installments, on which the complainant agreed on the terms and conditions of the O.P. The complainant paid Rs.36,383/- only as the down payment through his Credit Card and was paying the remaining in monthly installments. After few months the complainant received another call by the O.P offering him the platinum upgradation by increasing Rs.1,000/- only in each of the EMIs. and assured to be cancelled at any time whenever complainant will be in desire and the amount shall be refunded but did not provide any written evidence. The complainant calculated and realized that the said platinum of gradation will cost Rs.5,29,200/- and immediately requested to cancel the said upgradation through e.mail. The complainant had never signed in any document of the O.P. After several request the O.P agreed to cancel the upgradation and asked the complainant to pay 07 Nos. of EMIs. of Rs.15,614/- only, on which the complainant was paying, but the O.P instead of cancel he deducted Rs.28,000/- only more, hence this case.
Being noticed, the O.P. failed to appear with also failed to file his written version and stand ex-parte ultimately even after providing sufficient opportunities to him.
Heard from the complainant, gone through the case record and documents available. As per the copy of e-mail correspondences and documents filed by the complainant, the complainant has paid a sum of Rs.3,27,815/- only in total to the O.P towards holiday resort through his Credit Card but did not receive any such facilities from the O.P and after requesting several times to cancel the upgradation, the O.P instead of cancelling the said up gradation deducted Rs.28,000/- only more. In contrary, the O.P remained silent in this case which reveals he has nothing to say in the matter.
As the O.P has received amounts as per his plan, he has to provide the facilities as per his terms and conditions or otherwise the O.P has to refund the amounts taken from the complainant, but he fails to do any of the above conditions, which amounts to deficiency in service and unfair trade practice on his part towards complainant.
Hence, we are in considered opinion to allow the complaint petition by directing the O.P to refund Rs.3,27,815/- ( Rupees three lakh twenty seven thousand eight hundred fifteen) only to the complainant along with pay a sum of Rs.15,000/- ( Rupees fifteen thousand) only towards harassment, mental agony and cost of the case, within 30 (thirty) days from the date of receiving this order, failing which, the O.P shall be liable to pay interest @ 12% per annum on the above mentioned awarded amounts till realization.
Accordingly the case is disposed of.
Order pronounced in the open court today the 15th day of September’ 2014 and copy of this order shall be supplied to the parties as per rule.
I Agree.
Sd/- A.Nanda, Member (W) Sd/- S. K. Ojha, President In-Charge.
Dictated and corrected by me.
Sd/- S.K.Ojha, President In-Charge.
