Chandigarh

DF-I

CC/239/2021

Dharam Paul Garg - Complainant(s)

Versus

M/s Club Resorto Hospitality Ltd - Opp.Party(s)

Amarbir Dhaliwal

07 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/239/2021
Date of Institution	:	09/04/2021
Date of Decision	:	07/06/2023

 

Dharam Paul Garg, S/o Late Sh.Tara Chaand, R/o House No.362/1A, Sector 44-A, Chandigarh-160043.

… Complainant

V E R S U S

1. M/s Club Resorto Hospitality Ltd. through its Director/MD/Authorized Signatories.

Site Office: # 307, 3^rd Floor, Bestech Business Tower, Sector 66A, Mohali, Chandigarh, 160066.

Corporate Office: #222, Global Business Park, Opposite Metro Mall, Zirakpur, Punjab-140603.

Regd. Office: Flat No.804-A, 805, 806 & 807 Skylark Building, Nehru Place Delhi South Delhi-110019.

Email ID: www.clubresorto.com.

2. Ravi Kumar Singh, Director, M/s Club Resorto Hospitality Ltd. Flat No.804-A, 805, 806 & 807 Skylark Building, Nehru Place Delhi South Delhi-110019.
3. Abhishek Gautam, Director, M/s Club Resorto Hospitality Ltd., R/o Flat No.804-A, 805, 806 & 807 Skylark Building, Nehru Place Delhi South Delhi-110019.

… Opposite Party

CORAM :	SURESH KUMAR SARDANA	PRESIDING MEMBER
	BM SHARMA	MEMBER

 

                                                

ARGUED BY	:	Sh.Devinder Kumar, Counsel for Complainant.
	:	OPs ex-parte.

 

Per Suresh Kumar Sardana, Presiding Member

1.      Averments are that on 30.03.2019, having trust and faith upon the promises delivered by the OPs, the complainant agreed to subscribe to the scheme of holiday packages and accordingly, the deponent took the membership of the OPs and paid Rs.52,500/- in advance by net banking via Payzapp. The OPs have sent a mail providing the membership E-kit, payment receipt, resort list and the holiday package details from 20^th December 2019 to 10^th January 2020 to the deponent (Annexure C-2). Thereafter, in the month of December 2019, the deponent contacted the Ops to avail the services however, despite his best efforts, the Ops failed to inform the deponent about the holidays package/reservation etc. In the month of January 2020, the deponent again requested the OPs to either provide him a holiday package or refund the payment made to the Ops as the holidays package i.e., from 20^th December 2019 to 10^th January 2020 was about to expire. It is also submitted that the OPs by receiving the payment from the deponent have violated the provisions of the Banning of Unregulated Deposit Schemes Act, 2019. It is further submitted that the deponent was not aware of the above-mentioned Act, at the time of deposit of money with the OPs and after coming to know of this law, the deponent requested the OPs that he is not interested the continue as a member and requested for immediately refund the deposited amount alongwith the interest and compensation (Annexure C-3). The deponent also sent a request via an email to OP No.2 however, the OP No.2 not responded till date to the communication of deponent (Annexure C-6), Hence, is the present consumer complaint.
2.     OP No.1 was initially proceeded ex-parte of the order dated 16.07.2021. However, later on 09.09.2022 ex-parte order was set aside subject to costs of Rs.1000/-. But the said costs of Rs.1000/- was not paid by the OPs. Thus, reply filed by OPs could not be considered. Later on none turned up on behalf of OPs, hence, OPs were proceeded against ex-parte vide order dated 15.03.2023.
3.     OP No.2 & 3 contested the consumer complaint filed, their written reply and stated that the complainant has failed to make a balance payment of Rs.52,500/- to OPs till date and as per holiday package Rules, the Membership of complainant is liable to be terminated by the OP No.1. It is further submitted that the complainant has never made any request for holiday booking to OP No.1. It is also submitted that as per clause 10.3 of the Holiday Package Rules, only the courts at New Delhi is having the exclusive territorial jurisdiction over all disputes arising there from. On these lines, the case is sought to be defended by the OP No.2 & 3.
4.     Since none turned up on behalf of Ops, hence, OPs were proceeded against ex-parte vide order dated 15.03.2023.
5.     Rejoinder on behalf of complainant not filed despite of the opportunity given. Accordingly, opportunity to file rejoinder on behalf of complainant was closed vide order dated 15.03.2023.
6.     Complainant led evidence by way of affidavits and documents.
7.     We have heard the learned counsel for the complainant and gone through the record of the case.
8.     On perusal of documents annexed at Annexure C-2, it is observed that the complainant has paid Rs.52,500/- to the OPs on 30.03.2019. On perusal of Annexure C-4, to C-6, it is observed that complainant has requested the OPs for refund of Rs.52,500/- already paid for which the OPs failed to provide the service, for which the money was paid.
9.     On perusal of documents, we are of the concerted view that OPs have failed to provide any service to the complainant inspite of charging Rs.52,500/-. Hence, the OPs are deficient in providing service.
10.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to refund the complainant an amount of ₹47,250/- after recovery of 10% from the amount paid & adjusted towards Administration & processing charges alongwith interest @ 9% per annum from the date of filing of this complaint till realization.
2. to pay an amount of ₹5,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹10,000/- to the complainant as costs of litigation.

11.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
12.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
07/06/2023			[Suresh Kumar Sardana]
Ls			Presiding Member
			Sd/-
			[BM Sharma]
			Member