Haryana

Gurgaon

CC/652/2011

Varun Garg - Complainant(s)

Versus

M/s Destination Resorts India (Pvt - Opp.Party(s)

29 Jun 2016

ORDER

                                    DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM, GURGAON-122001

                                                                                          Consumer Complaint No: 652 of 2011                                                                                                                                  Date of Institution: 19.12.2011                                                                                                                                         Date of Decision:  29.06.2016

Varun Garg aged 32 years S/o Shri Sajjan Kumar Garg, R/o 795, 2nd Floor, Sector-5, Gurgaon, Tehsil and District Gurgaon (Haryana).

                                                                                                                                                                                                                         ……Complainant.

                                                Versus

M/s Destination Resorts India (Pvt)

Registered Office: 101, Kundan Niwas, Harinagar, Ashram, New Delhi-14           

Branch Office: Sales Venue-Shop No. L.G.19, D.T.Mega Mall DLF Phase I, Golf Course Road, Gurgaon-122002, Haryana.

                                                                  

                                                                                                  ..Opposite party

                                                                                               

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                 

 

BEFORE:     SHRI SUBHASH GOYAL, PRESIDENT

SMT JYOTI SIWACH, MEMBER

                   SH.SURENDER SINGH BALYAN, MEMBER.

 

Present:        Shri  Dinesh Gupta, Adv for the complainant.

                    OP exparte.

 

ORDER       SUBHASH GOYAL, PRESIDENT.

The case of the complainant, in brief, is that he has become the member of the OP and paid Rs.25,000/- vide receipt No.DRI/GMC/027 dated 30.04.2011 for availing free accommodation for 2 night 3 days for 2 adults and 2 child in exotic locations vide agreement dated 18.04.2011. The complainant wanted to avail the coupon offer for 2N/3D + Food Coupon Rs.2000/- given by the complainant on 30th April, 2011 against payment of Rs.25,000/- for being member of OP for Manali Location for 23rd to 25th June, 2011 and requested to please book the trip. Later on the complainant asked the status of the booking as per email dated 17.06.2011 but of no use. When the complainant has not received any response from the OP then he has to cancel his planning and sought refund of the amount but the opposite party has wrongly denied that as per the company terms and conditions membership amount is not refundable. Thus, there was deficiency in service on the part of the opposite party. The complainant prayed that the opposite party be directed to refund Rs.25,000/-along with interest. He also sought compensation of Rs.25,000/- for harassment and mental agony as well as cost of litigation to the tune of Rs.5,000/-.

2                 Notice of the complaint was given to the opposite party. However, OP failed to turn up despite service and thus, was proceeded exparte vide order dated 05.01.2015

3                 The complainant in support of his claim has filed his affidavit, receipt of Rs.25,000/- dated 30.04.2011 issued by OP, work sheet, agreement  and email correspondence between the parties.

4                 We have heard the learned counsel for the co0mplainant and have gone through the case file carefully.

5                 Therefore, after going through the facts and circumstances of the case and the exparte evidence placed on file by the complainant it emerges that the complainant has paid Rs.25,000/- as part/full payment on account of purchase of  Timeshare vide agreement dated 30.04.2011 in Mountain Club ‘Bhimtal India” owned by M/s Mountain Club Resorts India Pvt. Ltd vide Receipt No.027 dated 30.04.2011 (copy placed on file). The complainant wanted to avail the coupon offer for 2N/3D + Food Coupon Rs.2000/- on 30th April, 2011 against payment of Rs.25,000/- for Manali Location from 23rd to 25th June, 2011 and requested to book the said trip but the opposite party failed to book the accommodation for the complainant and when  the OP did not give information about the status of booking despite repeated requests the complainant opted to cancel the tour and sought refund of the amount but the OP has wrongly denied on the ground that as per company terms and conditions membership amount is not refundable. Thus, the above said act on the part of the opposite party tantamounts to deficiency in service. The evidence produced by the complainant goes unrebutted and there is no reason to disbelieve the version of the complainant.

6                 Therefore, we allow the present complaint and direct the opposite party to refund Rs.25,000/- to the complainant along with interest @ 9 % p.a. from the date of filing of the present complaint i.e. 19.12.2011 till realization. The complainant is also entitled to compensation for harassment and mental agony as well as litigation expenses to the tune of Rs.3,000/-.The OP shall make the compliance of the order within 30 days from the date of receipt of the copy of this order. The parties be communicated of the order accordingly and the file be consigned to the records after due compliance.

Announced                                                                                                  (Subhash Goyal)

29.06.2016                                                                                                       President,

                                                                                                              District Consumer Disputes

                                                                                                              Redressal Forum, Gurgaon

 

(Jyoti Siwach)        (Surender Singh Balyan)

Member                 Member