Chandigarh

DF-I

CC/305/2019

Gianender Singh - Complainant(s)

Versus

M/s Journey Resorts Pvt. Ltd. - Opp.Party(s)

Devinder Kumar

23 Jul 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/305/2019
Date of Institution	:	01/05/2019
Date of Decision	:	23/07/2019

 

 

Gianender Singh S/o Sh. Satbir Singh, R/o H.No.3156-A, Sector 52, Chandigarh.

…..Complainant

 

V E R S U S

 

1.     M/s Journeys Resorts Private Limited, SCO 118, 1^st Cabin, Sector 8-C, Chandigarh, through its Branch Manager. [Deleted vide order dated 17.07.2019]

 

2.     M/s Journeys Resorts Private Limited, Plot No.1, Industrial Development Corporation, Gurgaon, Mehrauli Road, Gurgaon – 122 001, through its Managing Director.

……Opposite Parties

 

QUORUM:	SH.RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	DR.S.K.SARDANA	MEMBER

                                       

ARGUED BY	:	Sh. Devinder Kumar, Counsel for Complainant.
	:	Opposite Party No.2 ex-parte.

 

PER SURJEET KAUR, MEMBER

1.         In brief, believing the statements and representations of the Opposite Parties about their travel-cum-hotel packages for vacations within the country as well as aboard, the Complainant paid a sum of Rs.30,000/- to the Opposite Parties through credit card on 25.02.2018. Pursuant thereto, the Complainant received the Gift Certificate along with Agreement indicating the properties and sights owned by the Opposite Parties. It has been averred that per terms & conditions, if the Complainant is not satisfied with the Scheme mentioned in the Agreement, he has the liberty to withdraw from the contract within period of ten calendar days from the date of receipt of down payment. Accordingly, the Complainant sent an e-mail dated 01.03.2018 requesting the Opposite Parties to cancel the Membership and refund a sum of Rs.30,000/-. When despite receipt of letter dated 01.03.2018, no amount was refunded, the Complainant sent e-mails dated 7.3.2018, 14.3.2018, 2.7.2018 and 25.11.2018 to the Opposite Parties with a request to refund the amount. Eventually, the Opposite Parties vide e-mail dated 11.12.2018 (Annexure C-15), regretted for the delay for responding and informed the Complainant that they would hand over the refund Cheque in March 2019 because of financial problem in the company. Thereafter, vide e-mail dated 29.12.2018 the Complainant requested the Opposite Parties to release the amount as early as possible as he was in dire need of money. It has been alleged that despite receipt of e-mail, no amount was refunded to the Complainant. The Complainant waited for the refund of amount upto March, 2019, but Opposite Parties did not honour their own commitment and failed to refund the amount. When no response was received from the Opposite Parties, the Complainant vide e-mail dated 14.03.2019 again requested the Opposite Parties to refund the amount. However, instead of refunding the amount, the Opposite Parties, with malafide intentions, vide e-mail dated 15.03.2019 (Annexure C-18), while apologizing for the delay, further sought time upto 02.07.2019 for refunding the amount. With the cup of woes brimming, the Complainant has filed the instant Consumer Complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties.
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case.
3.         Per endorsement made by the learned Counsel for the Complainant, on the order sheet dated 08.07.2019, the name of Opposite Party No.1 was ordered to be deleted from the array of Opposite Parties, vide order dated 17.07.2019.
4.         Opposite Party No.2 did not turn up in spite of service, as such, it was proceeded ex-parte.
5.         Complainant led evidence.
6.         We have gone through the entire record and heard the arguments addressed by the Ld. Counsel for the Complainant.
7.         Significantly, the Opposite Party No.2 did not appear to contest the claim of the Complainant and preferred to proceed against ex-parte. This act of the Opposite Party No.2 draws an adverse inference against it. The non-appearance of the Opposite Party No.2 shows that it has nothing to say in its defence against the allegations made by the Complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
8.         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 Party No.2 has certainly and definitely indulged into unfair trade practice as it ought to have initiate steps to redress the grievance of the Complainant promptly, which they failed to do. At any rate, the Opposite Party No.2 even did not bother to redress the grievance of the Complainant, despite having approached for the same by the Complainant time and again. 
9.         Pertinently, as per the terms and conditions of the Agreement (Annexure C-1), the request for cancellation is valid only if it is made in writing within 10 days. Since the Complainant sent request for cancellation to the Opposite Party No.2 on 01.03.2018 through e-mail within 10 days from the down payment, the Opposite Party No.2 was bound to refund the amount, but it chose to sit over the papers and delayed the refund on the matter on one ground or the other. The action of the Opposite Party No.2 in not refunding the amount of the Complainant despite protracted correspondence in the shape of e-mails not only amounts to deficiency in service, but is a grave malpractice under the Consumer Protection Act.
10.         In the light of above discussion, this consumer complaint deserves to succeed. The same is accordingly partly allowed.  Opposite Party No.2 is directed as under :-

(i)     To refund the amount of Rs.30,000/- to the Complainant with interest @ 9% per annum from the date of payment, till realization.

(ii)    To pay Rs.10,000/- as compensation to the complainant for the deficiency in service, unfair trade practice and harassment caused to him.

(iii)   To also pay a sum of Rs.7,000/- to the complainant as litigation expenses. 

11.         This order shall be complied with by Opposite Party No.2 within one month from the date of receipt of its certified copy, failing which, Opposite Party No.2 shall be liable to pay interest @12% p.a. instead of 9% p.a. on the amounts mentioned at Sr.No.(i) from the date of payment till realization and also to pay interest @12% p.a. on the compensation amounts mentioned at Sr.No.(ii) from the date of filing the complaint till its realization, besides paying litigation expenses mentioned at Sr. No.(iii) above.
12.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
23/07/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”