Delhi

New Delhi

CC/429/2016

Minakshi Kakkar - Complainant(s)

Versus

M/s Spring Holiday Ltd. - Opp.Party(s)

11 Jun 2019

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

                      (DISTT. NEW DELHI),

     ‘M BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                          NEW DELHI-110001

 

 

           Case No./T.C./429/2016                                                    Dated:

           In the matter of:

1. Mrs. Meenakshi Kakkar
2. Sh. Mohit Kakkar

Both R/O Flat No,-19

Harit Niketan, West Enclave

Pitampura, New Delhi-110034

                                                                                                                 …… Complainant

   Versus

1. M/s Spring Holidays Ltd.

Through its Principal Officer,

402, Nirmal Towers 26 Barakhamba Road,

Connaught Place New Delhi-110001

Also at

A-89, First Floor,

Lajpat Nagar – II, Opp. Roxy Drycleaner

Near  Central Market , New Delhi

 

2. M/s. D’Chalet

Through to its Principal Officer,

90/27 , A Basement, nearMain Market,

Malviya Nagar, New Delhi

                                                                                                …….Opposite Party

 

 

H.M. VYAS-MEMBER

                                                                        ORDER

The complainants have alleged that on the representation of the  OPs that the facility in any resort could be availed anywhere in India and Abroad through RCI. On their assurance that the RCI Membership card will be issued shortly on receipt of the payment, the complainant took the membership of the OPs and paid total of amount Rs. 95,000/- asked by OP-1. The OP-1 though issued Membership certificate and an agreement was executed but the complainant could not enjoy the membership and privileges immediately thereafter, because membership the card from the RCI was not received.

The agreement no. SDC—2299 dated 17.03.2005 was executed by OP-1 describing themselves to be developer and the marketer.  Thus, the membership of OP-2 was granted as per the terms and conditions of the agreement on receipt of the total amount. The validity of the agreement and arrangement was for 32 years.  It was also informed to the complainant that the resort is operational and the complaint can immediately avail holidays at resort of OP-2 and the RCI affiliated resorts.  The complainant was thus granted membership of one “Studio Red Type”. 

The OP had to send their relevant documents so that the agreed benefits could be granted for booking holidays without which no booking could not have been done.  On account of negligence/ deficiency in service on the part of OPs, the complainants could not enjoy any benefit and suffered a lot of mental and physical harassment and were made to run from pillar to post.  When no response came from the OPs, a legal notice dated 15.10.2007 was issued and served upon the OPs.  Till date no membership card from RCI and other documents were received nor was the amount refunded to the complainant.  Prayer for refund of Rs. 95,000/- with 24% interest per annum interest has been prayed beside damages of Rs. 30,000/- and litigation cost of Rs. 1o,ooo/-.

The OP-1 filed written statement.  It is stated that there is no cause of action against the OP-1 and the complaint is liable to be dismissed.  It is stated that as per clause 16 of the membership agreement, this forum does not have the jurisdiction to adjudicate.  It is also stated that the complainant purchased time share membership through OP-1 and the membership certificate was issued.  It is also stated that the complainant himself approached OP-1 for the membership of OP-2 and entered into the projects of membership agreement on 17.03.2005. The OP -1 had fulfilled   and performed its part as per the terms and conditions of the agreement.  Therefore, the OP-1 being the authorized marketer of OP-2 did needful and issued the certificate fulfilling the obligations. Denying all allegation prayer to dismiss the complaint has been made. 

Initially, the case was disposed by the Predecessor Bench of this Forum vide  orders dated 21.02.2013 but  the Hon’ble State Commission remanded it back and the earlier orders were set aside vide orders dated 29.04.2016 in FA no. 1268/13.  After remand back of the case none appeared  for the OPs on various dates and accordingly, the OP-1 and OP-2 were proceeded ex-parte on 24.10.2016.

The evidence of the OP-1 dated 16.02.2009 and the evidence of the complainant dated 24.05.2008 are already on record.

We have perused the material placed before and the submissions of the  parties.  However, no oral arguments on behalf of OPs were addressed.

The undisputed facts regarding obtaining the membership, purchased agreement executed by OP0-1 and with the complainant, payment of Rs. 95,000/- by the complainant are substantiated on the basis of available record.  The OP-1 has simply denied all allegations stating it had already discharged their obligation and the services were to be provided by OP-2 are not attributable to OP-1.

.

The testimony of the complainant so far as OP-2 is concerned has remained unrebutted.  It is not disputed that the agreement was executed by OP-1 with the complainant though it was in the name of OP-2. The factum of the non-issue of membership card is also undisputed.

We, therefore hold both the OPs jointly and severely deficient in service for not providing the membership card and the  services as per the agreed terms nor refunded the amount.  Accordingly, we direct as under:-

1. To refund the amount of Rs. 95,000/- along with 10% per annum simple interest with effect from 17.03.2005 i.e. from the date of De’chalat purchase agreement till the date of realization.
2. A sum of Rs. 10,000/- as litigation cost.

 

The order shall be complied within 30 days from the date of receipt of this order.

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on  11/06/2019

   The orders be uploaded on www.confonet.nic.in

   File be consigned to record room.

 

 

                                               (ARUN KUMAR ARYA)

                                                        PRESIDENT

 

   (NIPUR CHANDNA)                                                            (HM VYAS)

        MEMBER                                                                           MEMBER