Chandigarh

DF-I

CC/1009/2016

Neeru Thareja - Complainant(s)

Versus

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

Navin Saini

07 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

 

                               

Consumer Complaint No.	:	CC/1009/2016
Date of Institution	:	11/11/2016
Date of Decision	:	07/11/2017

 

Neeru Thareja w/o Sh. Vishal Mohan aged about 38 years r/o Flat No.908, Block-N, Gillco Heights Gillco Valley, Sector-127, Kharar, Distt. SAS Nagar (Mohali).

Official Address : Lawyers Chamber No.60, Judicial Court Complex, Sector 76, SAS Nagar (Mohali.)

…..Complainant

V E R S U S

1.     M/s Jukaso Resorts Pvt. Ltd., Plot No.1, I.D.C. Mahrauli Road, Gurgaon-122001, through its Managing Director/Chairman/CEO.

2.     M/s Journeys By Jukaso, I.T. Composite Tower-1, I.D.C. Mahrauli Road, Gurgaon-122001, through its Managing Director/Chairman/CEO.

3.     Chairman/M.D./CEO of M/s Journeys By Jukaso, I.T. Composite Tower 1, I.D.C. Mahrauli Road, Gurgaon-122001.

4.     Sh. Soham (Manager) of M/s Journeys by Jukaso, SCO No.6-7, Second Floor, Sector-8, Madhya Marg, Chandigarh (U.T).

5.     Sh. Rahul Kaushik (Sales Manager) of M/s Journeys by Jukaso, SCO No.6-7, Second Floor, Sector 8, Madhya Marg, Chandigarh (U.T).

6.     Sh. Yaqoob Ahmad Reshi @ Rishi (Holiday Consultant) of M/s Journey by Jukaso, SCO No.6-7, Second Floor, Sector-8, Madhya Marg, Chandigarh (U.T).

7.     Sh. Abhishek Massey (Sr. Executive Member Relations), I.T. Composite Tower, Plot No.1, I.D.C. Mehrauli Road, Gurgaon.

……Opposite Parties

 

CORAM :	MRS.SURJEET KAUR	PRESIDING MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                                       

 

ARGUED BY	:	Sh. Navin Saini, Counsel for complainant.
	:	None for OPs.

 

Per Surjeet Kaur, Presiding Member

1.         The facts of the consumer complaint, in brief, are that on 4.5.2015, OPs 4 to 6 invited the complainant alongwith her husband at their Chandigarh office for demonstrating their concept with regard to providing holiday packages in their hotels/resorts. Accordingly, the complainant and her husband visited the office of the OPs on 4.3.2015 and the complainant was assured of providing with comfortable stay. Being allured, the complainant purchased the membership of the OPs at Rs.1,25,000/- by paying Rs.30,000/- vide receipt dated 4.3.2015 and balance amount of Rs.95,000/- vide cheque dated 23.4.2015 amounting to Rs.50,000/- and  cheque dated 22.5.2015 amounting to Rs.45,000/-. Thereafter the OPs delivered the Complete Additional Membership Kit. In order to avail the holidays, the complainant sent a request to the OPs vide email dated 19.4.2016 for booking 4 nights and 5 days holidays at Manu Maharani, Jim Corbet Park (Uttrakhand) in the month of June. The OPs vide email dated 20.4.2016 demanded Rs.6,500/- from the complainant as annual maintenance charges which were deposited by her and the deposit receipt was sent vide email dated 27.5.2016. The complainant constantly requested the OPs for sending confirmation alongwith necessary acknowledgement of confirming booking of the holidays from 4.6.2016 to 7.6.2016. However, the OPs vide email dated 29.5.2016 issued confirmation voucher No.3481 not against the membership of the complainant, but, against one gift voucher regarding which the OPs further arbitrarily and illegally demanded utility fee of Rs.1,436/- per night from the complainant in spite of receiving the annual maintenance charges of Rs.6,500/- alongwith full and final sale amount of membership i.e. Rs.1,25,000/-.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, the complainant has filed the instant complaint.
2.         OPs in their joint written reply have averred that they telephonically informed the complainant that the plans are provided according to seasonal chart and availability of hotel rooms. It has been stated that the complainant could not get reservation due to non-availability where she was demanding the reservation and also on account of seasonal classification, she was not entitled.  It has been contended that the cancellation and termination of the agreement is specifically provided under the contract and it is duly mentioned in the contract that post 90 days the member cannot seek cancellation of the contract. Pleading that there is no deficiency in service or unfair trade practice on their part, OPs prayed for dismissal of the complaint.
3.         Rejoinder was filed by the complainant denying all the averments in the written reply of OPs.
4.         The parties led evidence in support of their contentions. 
5.         We have gone through the record and heard the arguments addressed by the learned Counsel for the complainant.
6.         In the present case, payment of Rs.1,25,000/- as full and final payment towards the membership with OPs has admittedly been received by the OPs. The sole grouse of the complainant is that despite paying the full amount alongwith additional amount of Rs.6,500/- as annual maintenance charges, the OPs confirmed the tour for the complainant, but, illegally and arbitrarily demanded utility fee of Rs.1,436/- per night from her. 
7.         The stand taken by the OPs is that the plans are provided according to the seasonal chart and availability of hotel rooms. It has further been contended that the complainant could not get reservation due to non availability where she was demanding the reservation and also she was not entitled on account of seasonal qualification. 
8.         So far as the question of the refund of the entire fee is concerned, the OPs have contended that the cancellation and termination of the agreement is provided under the contract that post 90 days, a member cannot seek cancellation of the contact. A perusal of the file reveals that the payment of amount of Rs.1,25,000/- as full and final payment towards the membership fee and Rs.6,500/- as Annual Maintenance Charges (AMC) has been admitted by the OPs.  The fact of payment is evident from Annexure C-3 to C-5.  Annexure C-6 and C-7 are the membership card of the complainant alongwith the membership certificate issued by the OPs themselves. We feel that the sole purpose of the complainant for purchasing the membership from the OPs was to spend quality holidays with her family during the vacations period. In order to avail the holidays, the complainant sent an email dated 19.4.2016 (Annexure C-8 at page 54) for the booking of her desired destination.  Thereafter, Annexure C-10 (page 55) is an email sent by the OPs to the complainant mentioning that they have received her reservation request and they requested the complainant to send her membership and reservation details to process the request. The complainant was further guided to pay the AMC of Rs.6,500/- which she complied with.  But, despite accepting the complainant as a member, issuing her the relevant certificate, the OPs through certificate (Annexure C-16) confirmed the booking of the complainant subject to further payment of utility fee of Rs.1,436/- per room per night which we feel is completely unjust and unfair on the part of the OPs.  When the OPs have already received the AMC alongwith full and final amount of the membership, then there is no legitimate justification available on the part of the OPs for demanding additional amount of Rs.1,436/- per night against one gift voucher in spite of booking of holidays as a member.  Pertinently, due to aforesaid act and conduct of the OPs, the complainant could not avail a single holiday till date since the time of taking membership from the OPs which clearly reflects the malafide intention of the OPs to embezzle the hard earned money of the consumers with false promises and lame excuses and by generating false emails. This act and conduct of the OPs certainly caused physical and mental harassment to the complainant.
9.         In view of the above discussion, the present consumer complaint deserves to succeed and the same is partly allowed.  OPs are directed :-

(i)     To refund the amounts of Rs.1,25,000/- and Rs.6,500/- to the complainant charged from her towards the membership and AMC respectively;

(ii)    To pay Rs.30,000/- as compensation for mental agony and harassment caused to the complainant;

(iii)   To also pay Rs.10,000/- as costs of litigation.

10.         This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order till realization, apart from compliance of direction 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/-
07/11/2017	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member