Chandigarh

DF-II

CC/280/2019

Naveen Kumar - Complainant(s)

Versus

M/s Journey Resorts Private Limited - Opp.Party(s)

Devinder Kumar Adv.

05 Oct 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	280/2019
Date of Institution	:	06.05.2019
Date of Decision	:	05.10.2020

 

                                       

                       

 

1. Naveen Kumar s/o Sh.Ram Parkash Sharma aged about 48 years r/o House No.513, Sector 11, Panchkula.
2. Rekha Sharma wife of Sh.Naveen Kumar aged about 46 years r/o House No.513, Sector 11, Panchkula.

                                ...  Complainants.

Versus

1.     M/s Journeys Resorts Pvt. Ltd., SCO 118, Cabin No.1, Sector 8-C, Chandigarh through its Branch Manager.

2.     M/s Journeys Resorts Pvt. Ltd., Corporate Office: I.T. Composite Towers, Plot No.1, D.C. Mehrauli Road, Gurgaon-122001 through its Managing Director.

…. Opposite Parties.

 

BEFORE:
		SHRI RAJAN DEWAN,	PRESIDENT
		SMT.PRITI MALHOTRA,	MEMBER
		SHRI B.M.SHARMA	MEMBER
Argued by:-
	Sh.Savinder Singh Gill, Adv. for the Complainants.
	OPs exparte.

 

      

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the facts of case as alleged by the complainants are that  on being allured by the assurances given by the representative of OPs that they be getting lots of benefits, took Membership of OPs and entered into an agreement to that effect Ann.C-2.  It has been averred that the complainants paid Rs.44,000/- to the OPs towards the price of said membership (Ann.C-1) through credit card on 19.02.2018.    Subsequently, the complainants received the welcome kit along with brochure indicating the properties and sights owned by the OPs. It has further been averred that the properties and sights mentioned in the brochure are different from what was conveyed in oral meeting and as such the said package/facilities is not suitable to them. It has further been averred that they were serving with the government and have ample facilities like LTC which is more beneficial and convenient to them.  It has further been averred that by invoking Clause 8.1 of the agreement, they sent a letter dated 23.02.2018 and 24.02.2018 (Annexures C-3 & C-4) through registered for withdrawal from the contract and requested for refund of the money. They also sent letter dated 13.03.2018 through courier to the OPs for refund of the money but to no effect. Finally, the complainants got served a legal notice dated 17.07.2018 upon the OPs but all in vain.  Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainants have filed the instant complaint. 
2.         Despite due service through publication, OP No.1 failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 06.02.2020.
3.         Despite due service through registered post, OP No.2 failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 27.06.2019.
4.         Complainants led evidence in support of their contentions.
5.         We have heard the ld. Counsel for the complainants and have also perused the entire record.
6.         The whole evidence placed on record by the complainants corroborates the assertions set out in the present complaint. Ann.C-1 is the bank statement regarding deposit of Rs.44000/- on 19.02.2018 with the OPs. Annexure C-2 is the Agreement entered into between the complainants and OPs for Holiday Package.  Annexures C-3 & C-4 are the letters regarding withdrawal of the application for refund under Clause 8.1 of the contract sent through regd. post. Annexure C-5 is the letter dated 13.03.2018 sent through courier by the complainants to the OP with a request to refund the amount.  Annexure C-6 is a copy of the legal notice dated 17.07.2018 served by the complainants upon the OP-Company regarding refund of Rs.39,000/- as per Clause 8.1 of the agreement.
7.         The complainants  have not only proved the case by way of corroborative evidence, but also filed duly sworn affidavit in support of the allegations set-out in the complaint, which goes un-rebutted and unopposed in the absence of OPs.
8.         It is observed that the OPs did not come forward to contradict the allegations set out in the present complaint despite being duly served, which raised a reasonable presumption that the Opposite Parties have failed to render any service to the complainants and the complainants have made timely request for cancellation of membership and refund of amount paid to OPs.  As per record, it is clear that the Opposite parties had not been approached for any services by the complainants, rather it had been repeatedly requested by the complainants to refund the amount, as the standard form of contract in issue varies from the assured terms; which is not acceptable to the complainants.  The complainants well within his right applied for the cancellation of contract within the reasonable period. Thus, non-refund of the amount on the part of OPs, amounts to indulgence into unfair trade practice and a deficient act.
9.         In view of the foregoing discussion, the present complaint is allowed with direction to the OPs to refund an amount of Rs.44,000/- to the complainants along with interest @ 9% p.a. from the date of receipt i.e. 19.02.2018 till its actual payment.  The OPs are also directed to pay a compensation of Rs.10,000/- to the complainants for causing mental agony & harassment along with litigation cost of Rs.7,000/-.
10.          This order shall be complied with by the OPs within a period of 30 days from the date of receipt of copy of this order, failing which they shall also be liable to pay additional cost of Rs.11,000/-.
11.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

 

Announced 05/10/2020	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER