Chandigarh

DF-II

CC/187/2020

Ravinder Rohilla - Complainant(s)

Versus

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

Devinder Kumar

03 Aug 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	187 of 2020
Date  of  Institution	:	17.03.2020
Date   of   Decision	:	03.08.2021

 

 

 

 

 

Ravinder Rohilla son of Late Sh.Dharam Pal, aged about 39 years, r/o Flat No.1482/2, Sector 43-B, Chandigarh

  

             …..Complainant

 

Versus

 

1]  M/s Club Resorto Hospitality Limited, 307, 3^rd Floor, Bestech Business Tower, Sector 66-A, Mohali 160066 through its Branch Manager.

2]  M/s Club Resorto Hospitality Limited, 804-A, 805,806, 807, Skylark Building 60, Nehru Palace, New Delhi 110 019 through its Managing Director.  

 

    ….. Opposite Parties

 

 

BEFORE:  SH.RAJAN DEWAN              PRESIDENT

         SMT.PRITI MALHOTRA             MEMBER

        SH.B.M.SHARMA                      MEMBER

 

 

For Complainant : Sh.Devender Kumar, Advocate

For OPs         : OPs Exparte (Sh.Vaibhav Jain, Adv.)

 

PER PRITI MALHOTRA, MEMBER

         The case of the complainant, in brief, is that being allured by the false assurances & lucrative offers made by the representatives of OPs, the complainant agreed for the membership of OPs and as such signed Approval Form and made payment of Rs.55,000/- through debit card (Ann.C-1 & C-2). However, on receipt of membership documents and going through its terms & conditions, the complainant do not find it to be as per the assurance of the agent of OPs.  As such, the complainant sent message to the agent of OPs through whatsapp for cancellation of membership and refund of amount (Ann.C-3). Thereafter, the complainant also sent an email dated 27.12.2019 to OP to cancel the membership and refund of amount (Ann.C-4) duly received & acknowledged by the OPs vide email dated 30.12.2019 (Ann.C-5 & C-6).  The complainant also sent remainder for refund of amount on 3.1.2020 (Ann.C-7 to C-9) and in response to that, the OPs refused to refund the amount on the pretext that this package is non-refundable vide email dated 7.1.2020 (Ann.C-10). Submitted that even though the complainant sought cancellation & refund of amount within 10 days from the date of sign-up or realization of down payment, yet the OPs denied the refund.  Alleging this act of OPs as gross deficiency in service, hence this complaint has been filed.

2]       The OPs did not turn up despite service of notice made through publication too, hence they were proceeded exparte vide order dated 7.1.2021.  However, later on, at the stage of arguments, Sh.Vikash Kumar, Advocate appeared for OPs through video-conferencing.

3]       Complainant led evidence in support of his contentions.

 

4]       We have heard the ld.Counsel for the complainant, ld.Counsel for OPs and have also perused the entire record.

 

5]      The whole evidence placed on record by the complainant corroborates the assertions set out in the present complaint.

6]       Ann.C-1 is the Statement of Account proving the payment of Rs.55000/- to OPs as on 18.12.2019.  Ann.C-2 is the Approval Form of complainant wherein under Clause 7. Termination, sub-clause 7.1 stipulates as under:-

“Rescission Period Termination/ Cancellation: -

Every client shall be entitled to cancel the LHP within 10 days from the date of sign-up or realization of the down payment, whichever is earlier, provided such request for withdrawal is made in writing and signed (in case of joint application by all the Applicant) and reaches Company within aforesaid period of 10 days…..”

 

7]       The complainant vide Ann.C-4 (email dated 27.12.2019) i.e. well within 10 days of payment made on 18.12.2019, requested the OPs for cancellation of his membership and refund of the amount, but the same was rejected by OPs saying it to be non-refundable package vide email dated 7.1.2020 (Ann.C-10).  As the complainant made his request for cancellation of membership and refund of amount within the stipulated period of 10 days, the OPs were bound to refund the amount.  Therefore, the denial of refund on the part of OPs amounts to deficiency in service coupled with unfair trade practice.

8]       The complainant has duly proved his case by way of corroborative evidence and also filed duly sworn affidavit in support of the allegations set-out in the complaint, which goes unrebutted and unopposed in the absence of Opposite Party.

7]       It is observed that the OP failed to rebut the allegations of the complainant by way of any documentary evidence.

9]       From the above discussion and findings, we are of the opinion that the deficiency in service coupled with unfair trade practice has been proved on the part of OPs, who as per the allegations set out in the complaint, unlawfully withheld  the  amount paid by the complainant. Therefore, the present complaint is allowed with direction to the Opposite Parties to refund an amount of Rs.55,000/- to the complainant along with interest @10% p.a. from the date of payment (18.12.2019 Ann.C-1) till its actual payment.  The OPs are also directed to pay a compensation of Rs.15,000/- to the complainant for resorting to unfair trade practice and also for causing mental agony & harassment, along with litigation cost of Rs.7,000/-.

         This order shall be complied with by the OP within a period of 30 days from the date of receipt of copy of this order, failing which it shall also be liable to pay additional cost of Rs.10,000/-.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.   

Announced

03^rd August, 2021                                                                                                                                                          sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

 

Sd/-

(B.M.SHARMA)

MEMBER