Chandigarh

DF-I

CC/671/2018

Mr. Vijay Jindal - Complainant(s)

Versus

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

Raj Kumar Bashamboo

30 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/671/2018
Date of Institution	:	21/12/2018
Date of Decision	:	30/04/2019

 

Vijay Jindal S/o Sh. Raj Bahadur, Resident of H.No.2173, Sector 21-C, Chandigarh.

…..Complainant

V E R S U S

 

1.     M/s Journeys Resorts Private Limited, through its Managing Director Mr. Rajiv Khanna, 50, Sunder Nagar, New Delhi – 110003.

        IInd address:   LT. Composite Towers, Plot No.1, I.D.C. Mahroli Road, Gurgaon – 122001.

2.     Mr. Girish Ranjan, Manager, M/s Journeys Resorts Private Limited, through its Managing Director, 50, Sunder Nagar, New Delhi – 110003.

……Opposite Parties

 

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

                                       

ARGUED BY	:	Sh. Vikas Sharma, Counsel for Complainant.
	:	Opposite Parties ex-parte.

 

PER DR.S.K.SARDANA, MEMBER

1.         In brief, believing the statements and various representations projected by the Opposite Parties about their travel-cum-hotel packages for vacations within the country as well as aboard, and that on becoming member, the Complainant can avail the facilities after a week time notice, the Complainant made a payment of Rs.40,000/- (Receipt and Statement of Account Annexure C-1 & C-2). It has been averred that in the first week of Jan. 2017, the Complainant informed Opposite Party No.2 that he along with his wife intend to visit Dubai in the month of Feb. 2017 i.e. during the Dubai Festival Days. The Opposite Party No.1 never took interest in the matter and also not provided any accommodation confirmation at Dubai or the travel tickets and the site seeing package and with the result the Complainant and his wife found that false promises were made by the Opposite Parties. Accordingly, a Complaint was lodged at C.P.G.R.A.M. Portal N.C.H. and they also took up the matter with the Opposite Party No.1 (Annexure C-3). Eventually, the Opposite Parties stopped even receiving the calls from the side of the Complainant. 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.         Opposite Parties did not turn up in spite of service, as such, they were proceeded ex-parte.
4.         Complainant led evidence.
5.         We have gone through the entire record and heard the arguments addressed by the Ld. Counsel for the Complainant.
6.         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.
7.         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. 
8.         Pertinently, the action of the Opposite Parties in not providing necessary accommodation/ package as promised to the Complainant not only amounts to deficiency in service, but is a grave malpractice under the Consumer Protection Act.
9.         In the light of above discussion, this consumer complaint deserves to succeed. The same is accordingly partly allowed.  Opposite Parties are, jointly and severally, directed as under :-

(i)     To refund the amount of Rs.40,000/- to the Complainant with interest @ 9% per annum from the date of payment(s), 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.5,000/- to the complainant as litigation expenses. 

10.         This order shall be complied with by Opposite Parties within one month from the date of receipt of its certified copy, failing which, they 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 respective payments 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.
11.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
30/04/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”