Haryana

Kurukshetra

143-A/2018

Anuj Kumar - Complainant(s)

Versus

Mountain Club - Opp.Party(s)

Bhuvdeep Singh

20 May 2019

ORDER

BEFORE THE  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KURUKSHETRA.

Complaint Case No.143 of 2018.

Date of instt.:05.07.2018.

                                                                      Date of Decision:20.5.2019.

 

Anuj Kumar son of Shri Neki Ram, resident of House No. 1089, Sector-4, Urban Estate, Kurukshetra (Haryana).

                                                                ……….Complainant.                               Versus

 

1. Mountain Club Resorts India Private Limited, Corporate Office, Unit No.506, 5^th Floor Goverdhan Building 53-54, Nehru Place New Delhi- 110019 through its Authorized Signatory.

 

2. Mountain Club Resorts India Private Limited, Sale Office at Hotel 9^th Planet Kurukshetra through its Sale Manager/ authorized agent/ signatory.

..………Opposite parties.

 

COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986. 

                                                                                               

Before           Smt. Neelam Kashyap, President.

                    Ms. Neelam, Member.

                    Sh. Sunil Mohan Trikha, Member.

 

Present :        Sh.Bhavdeep Singh, Advocate for complainant.

                    Opposite parties already exparte.

                                     

ORDER

 

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Anuj Kumar against Mountain Club Resorts India Private Limited and another, the opposite parties.

2.            Brief facts of the present complaint are that one agent of the ops approached the complainant in the month of August, 2016 and he suggested holiday plan and membership of the Mountain club resorts India Private Limited and the agent of the ops told the complainant that he has to deposit Rs.25,000/- as membership fee which shall be refundable and he also assured that on deposit of said amount, they will provide him 3 nights/ 4 days tour package to him at Goa, Manali, Mussoorie, Shimla, Corbett, Nainital, Jaipur, Mount Abu, Daman, Diu etc. wherever complainant wants to go.  It is further averred that coming under the allurement given by agent of the ops, the complainant took the membership of the ops making payment of Rs.25,000/- (i.e. Rs.10,000/- in cash and Rs.15,000/- through card) on 5.9.2016 at Hotel 9^th Planet vide receipt No.8447. That after obtaining membership from the ops, the ops have failed to provide any tour to the complainant. The complainant requested the ops to provide him any tour but as and when the complainant requested them to provide him any tour, they asked the complainant to deposit in advance some more expenses and the complainant resisted their illegal act. That when the ops made illegal request of more money from the complainant, the complainant understand that ops have cheated him. Thereafter, the complainant demanded his security/ membership fee back and requested to withdraw the membership and in this regard, he made several emails to ops but all times, the ops intimated that the money paid was non refundable and as such the ops by adopting illegal and unfair means cheated the complainant and they grabbed/ embezzled a sum of Rs.25,000/- from the complainant. That inspite of repeated requests made by complainant, the ops did not bother to adhere the legal and genuine request of the complainant. Hence, this complaint.

3.             Notice of the complaint was issued to the ops through registered post but they failed to appear and were proceeded against exparte.

4.             The complainant tendered his affidavit Ex.CW1/A and documents Annexures A to G.

5.             We have heard learned counsel for the complainant and have perused the case file carefully.

6.             The complainant in order to prove his case has furnished his affidavit Ex.CW1/A wherein he has reiterated all the averments made in the complaint. The complainant has also placed on file copy of membership card No.8447 issued by opposite parties as Annexure A from which it is evident that ops received an amount of Rs.25,000/- from complainant. The complainant has also placed on file copy of worksheet/ approval form issued by ops as Annexure B which also shows that an amount of Rs.25,000/- was deposited by the complainant with the ops for holiday plan and there is nothing to show that ops ever provided tour package to the complainant as assured by them. The complainant has also placed on file copies of emails sent by ops in response to the emails sent by complainant and same are Annexures E and F. The ops have not even bothered to appear before this Forum rather opted to be proceeded against exparte and therefore, the pleadings and evidence led by the complainant goes as unchallenged and unrebutted. Non providing of any tour package despite charging the amount of Rs.25,000/- from the complainant and then non refunding of this amount to the complainant despite his requests clearly amounts to deficiency in service and unfair trade practice on the part of ops.

7.             In view of the above, we allow the present complaint and direct the opposite parties to refund the amount of Rs.25,000/- to the complainant within a period of 45 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @9% per annum from the date of order till actual payment. We also direct the ops to further pay a sum of Rs.10,000/- as compensation for harassment, mental agony and litigation expenses to the complainant. Both the ops are jointly and severally liable to comply with this order within above said period. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.

Announced in open Forum:

Dt.:20.5.2019.     

                                                                (Neelam Kashyap)

                                                                        President.

 

 

(Sunil Mohan Trikha),           (Neelam)       

Member                             Member.