Chandigarh

DF-I

CC/597/2018

Harish Kumar Gupta - Complainant(s)

Versus

M/s Club Starwood Holidays & Hospitality Pvt. Ltd. - Opp.Party(s)

Pranav Chadha

27 Feb 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

                                                     =======

 

                                     

Consumer Complaint No.	:	CC/597/2018
Date of Institution	:	16/11/2018
Date of Decision	:	27/02/2019

 

Harish Kumar Gupta S/o Sh. K.M. Gupta, R/o H.No.3029, Sector 28-D, Chandigarh – 160002.

…..Complainant

 

V E R S U S

 

1.      M/s Club Starwood Holidays and Hospitality Pvt. Limited, Office No.55, Lane No.2, Westend Marg, Saket, New Delhi – 110068, through its Directors.

 

2.      Mohammad Shahbaz Alam, Director, M/s Club Starwood Holidays and Hospitality Pvt. Limited, Office No.55, Lane No.2, Westend Marg, Saket, New Delhi – 110068.

 

3.      Morvin Massy, Director, M/s Club Starwood Holidays and Hospitality Pvt. Limited, Office No.55, Lane No.2, Westend Marg, Saket, New Delhi – 110068.

…… Opposite Parties

 

QUORUM:	RATTANSINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	DR.S.K.SARDANA	MEMBER

                                                                       

ARGUED BY	:	Sh. Pranav Chadha, Adv., Counsel for Complainant.
	:	Opposite Parties ex-parte.

 

PER Surjeet Kaur, Member

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are that on the allurement of the Opposite Parties about their holiday packages which included various domestic/international destinations at concessional rates, various gift vouchers, discounts and other benefits, the Complainant took the Membership of the Opposite Parties on 08.07.2018 by paying an amount of Rs.1,60,000/- (Annexure C-1). Inspite of having promised to provide numerous benefits, no documentation qua the same was done and the promises were empty and hollow. When inspite of having requested a number of times, no documentation was ever done, the Complainant was constrained to cancel the deal and requested the Opposite Parties to refund the amount so paid vide e-mail (Annexure C-4) dated 11.07.2018. In response whereof, the Opposite Parties vide e-mail (Annexure C-8) dated 07.08.2018 agreed to refund the amount and sought bank details of the Complainant, which he provided vide Annexure C-9 on 08.08.2018. Notwithstanding this, the Opposite Parties failed to return the amount. Hence, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant Consumer Complaint.
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case. However, nobody appeared on behalf of Opposite Parties despite service, therefore, they were proceeded ex-parte.
3.         Complainant led evidence.
4.         We have gone through the entire record and heard the arguments addressed by the Ld. Counsel for the Complainant.
5.         Significantly, the Opposite Parties did not appear to contest the claim of the Complainant and preferred to proceed against ex-parte. This act of the Opposite Parties draws an adverse inference against them. The non-appearance of the Opposite Parties shows that they have nothing to say in their defence against the allegations made by the Complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
6.         In the present circumstances, it is established beyond all reasonable doubts that the complaint of the Complainant is genuine as he has been made to run from pillar to post for no fault on his part. The harassment suffered by the Complainant is also writ large. The Opposite Parties have certainly and definitely indulged into unfair trade practice as they ought to have initiate steps to redress the grievance of the Complainant promptly, which they failed to do. At any rate, the Opposite Parties even did not bother to redress the grievance of the Complainant, despite having approached for the same by the Complainant time & again. It is important to note that due to the irresponsible attitude of the Opposite Parties, the Complainant has certainly suffered a lot. We feel that it was the duty of the Opposite Parties to return the money of the Complainant, promptly, but they have miserably failed to do and rather propelled this unwarranted, uncalled for litigation upon the Complainant. Therefore, the act of the Opposite Parties in not returning the money of the Complainant in the absence of any services being provided, proves deficiency in service on their part, which certainly has caused immense, mental and physical harassment to the complainant.
7.        For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Parties, and the same is partly allowed qua them. The Opposite Parties, jointly & severally, are directed:-

[a]     To refund Rs.1,60,000/- along with interest @ 9% p.a. from the date of receipt, till its realization, to the Complainant;

 [b]    To pay Rs.20,000/- as compensation to the complainant for the deficiency in service, unfair trade practice and harassment caused to him.

[c]     To also pay a sum of Rs.10,000/- to the complainant as litigation expenses. 

8.         The above said order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the amount mentioned in sub-para [a] above from the date of receipt, till it is paid. The compensation amount as per sub-para [b] above, shall carry interest @12% per annum from the date of institution of this complaint, till it is paid, apart from compliance of the directions as in sub-para [c].
9.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
27/02/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President