BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.257 of 2015

Date of Instt. 11.06.2015

Date of Decision : 20.04.2016

Salwinder Singh son of Waryam Singh R/o House No.2, Dhiman Nagar, Kapurthala Road, Jalandhar.

..........Complainant Versus

1. M/s Jukaso Resorts Pvt.Ltd., I.T.Composite Towers, Plot No.1, I.D.C. Mehrauli Road, Gurgaon, Haryana, through its Director/ Managing Director.

2. Abhishek Chadha, Team Manager, M/s Jukaso Resorts Pvt Ltd., SCO-10-11, Second Floor, Feroz Gandhi Market, Ludhiana.

3. Sameer Kaushal, Direct Sales Manager, M/s Jukaso Resorts Pvt Ltd., SCO-10-11, Second Floor, Feroz Gandhi Market, Ludhiana.

.........Opposite parties.

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.PMS Narang Adv., counsel for the complainant.

Opposite parties exparte.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, against the opposite parties on the averments that the OPs No.2 & 3 who are the Team Manager and Direct Sales Manager of OP No.1, allured the complainant for subscribing for the membership of OP No.1, engaged in the business of holidays services and enumerated many benefits of the membership. The cost of the membership was told as Rs.1,49,000/- out of which Rs.22,388/- was to be paid at the time of enrollment for membership and the remaining amount was to be paid in 24 monthly installments of Rs.5285/- each. OPs No.2 & 3 proposed and promised the complainant with the enrollment benefits as 3 years breakfast free, 5N/6D holiday, one DAE week, food voucher of Rs.3000/-, HLC laptop, 25 years DAS weeks, on subscribing the membership of OP No.1. The complainant made the initial payment to the OP of Rs.22388/- vide cheque No.000011 dated 4.2.2014 drawn on HDFC Bank, Jalandhar out of the total payment of Rs.1,49,000/- for the White Category Membership. After subscribing for the aforementioned membership and making the payment of the first installment, the OPs are resiling from fulfilling their promise of providing 17” HCL Laptop and are stressing on looking into the matter after the payment of all the installments which itself shows that the complainant has been duped and have been subjected to victimization with a target to just extorting money against false promise. The complainant requested the OPs to provide the additional benefits as promised with the membership, but the OPs failed to fulfill the promise made by them at the time of selling the membership. On such averments, the complainant has prayed for directing the OPs to refund the amount of Rs.22,388/- alongwith interest. He has also prayed for compensation and litigation expenses.

2. Notice of this complaint was given to the OPs but nobody has turn-up despite service and as such they were proceeded against exparte.

3. In support of his exparte complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 and Ex.C2 and closed the exparte evidence of the complainant.

4. We have heard the learned counsel for the complainant and have minutely gone through the record.

5. From the entire record i.e. averments of the complaint and the evidence produced on record by the complainant, it stands fully proved on record that complainant became member of OP No.1 i.e. M/s Jukaso Resorts Pvt. Ltd., by filling in membership form Ex.C1 duly singed by the complainant as well as authorized sale representative of the OP. As per the terms and conditions of this membership details Ex.C1 as well as terms and conditions of the OPs, the complainant paid Rs.22,388/- vide cheque No.000011 dated 4.2.2014 drawn on HDFC Bank, as per bank certificate Ex.C2, out of total payments to be paid Rs.1,49,000/-, for white category membership. The OPs purposed and promised benefits i.e. 3 years breakfast free, 5N/6D holiday, one DAE week, food voucher of Rs.3000/-, HLC laptop, 25 years DAS weeks. After receiving the aforesaid payment and after getting the amount of Rs.22388/- from the complainant, the OPs are resiling from fulfilling their promise of providing the aforesaid facility. The complainant approached the OPs so many times to fulfill their promise and commitments but in vain. The complainant in order to prove his case produced on record the membership details Ex.C1 duly filled and signed by complainant as well as authorized representative of the OPs. He also proved on record the payment of Rs.22388/- through cheque dated 4.2.2014 as per certificate issued by HDFC Bank Ex.C2 but the OPs failed to fulfill their part of the agreement. The evidence produced on record by the complainant remained unrebutted and unchallenged as none appeared on behalf of the OPs despite service to contest the case of the complainant nor any person from the OPs dared to file affidavit to rebut the evidence produced on record by the complainant. Therefore, it stands fully proved on record that the OPs failed to fulfill their part of the agreement, as such the OPs are liable to refund Rs.22388/- paid by the complainant to the OPs, alongwith interest.

6. Resultantly, we allow the complaint exparte with cost and OPs are directed to refund the amount of Rs.22388/- alongwith interest @ Rs.9% per annum from the date of payment of the amount i.e. 4.2.2014 till the payment is made by the OPs to the complainant. The OPs are also directed to pay cost of litigation to the complainant to the tune of Rs.1000/-. Copies of the order be sent to the parties free of costs under the rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Bhupinder Singh

20.04.2016 Member Member President