Chandigarh

DF-II

CC/200/2020

Kanchan Pal - Complainant(s)

Versus

M/s Vaqam Holidays and Resorts Pvt. Ltd. - Opp.Party(s)

Devinder Kumar

14 Sep 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	200/2020
Date of Institution	:	18.03.2020
Date of Decision	:	14.09.2021

 

                                       

                       

 

1.     Kanchan Pal wife of Sh.Vinod Kumar aged about 32         years.

2.     Vinod Kumar son of Sh.Ram Nihor aged about 35    years.

        Both residents of H.No.2658, Mauli Jagran,    Chandigarh.

                                ...  Complainants.

Versus

M/s Vaqam Holidays & resorts Private Ltd., Corporate Office: 420, 38, Ansal Tower Nehru Palace, New Delhi through its Managing Director.

…. Opposite Party

BEFORE:
	SHRI RAJAN DEWAN,	PRESIDENT
	SMT.PRITI MALHOTRA,	MEMBER
	SHRI B.M.SHARMA	MEMBER
Argued by:-
	Sh.Devinder Kumar, Adv. for the Complainant.
	OP exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the facts of case as alleged by the complainants are that they was allured by the OP for availing the Membership at various places having Seven Stars Resorts to stay in India as well as all over the world with lucrative offers. Being allured by the assurances, they agreed to avail the membership of the OP for a sum of Rs.95,000/- for five years and paid Rs.43,500/- as first installment through Axis Bank credit card on 11.04.2019. To avail the services of the OP, the complainants called the OP in first week of May, 2019 but they failed to pick up the calls and as such, the complainants sent whatapp message with a request to book the accommodation in the last week of May, 2019 and also informed the dates but thereafter no response was received.  Since the OP failed to provide the promised services, therefore, the complainants sent an email dated 17.07.2019 (Annexure C-4) with a request to cancel the membership and to refund the amount.  Subsequently, he sent e-mails dated 30.11.2019 and 18.12.2019 (Annexures C-5 & C-6) to the OP with a request to refund the amount.  It has further been averred that the OP lingered on the matter on one pretext or the other.  Alleging that the aforesaid acts of omission and commission on the part of the OP amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.
2.         Despite due service through publication of proclamation in the newspaper “Chardikalan”, the Opposite Party failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 10.06.2021.
3.         We have heard the Counsel for the complainant and have gone through the documents on record.
4.         In the exparte evidence, one of the complainants i.e. Sh.Vinod Kumar tendered his detailed affidavit in support of the averments made in the complaint.  Annexure C-1 is the copy of the Bank Statement of Axis Bank showing the payment of Rs.43,500/- to the OP. Annexure C-2 is a copy of the Member Application Form. Annexure C-3 (Colly.) are copies of the whatapps messages exchanged by the complainant with the officials of the OP.  Annexures C-4 to C-6 are copies of the e-mails exchanged between the complainant and the OP regarding refund of the amount as they failed to render the promises services. The complainant No.2 has specifically deposed in the affidavit that the OP received a sum of Rs.43,500/- as membership fee but they failed to provide the promised services and rather they started demanding the money beyond the membership  and as such they requested the OP to refund the membership fee.  but the said request was not acceded to.  
5.         Within few months of obtaining the membership of the OP, the complainant contacted the OP/its officials with the request to refund the amount as they felt duped. Despite requests made by the complainants, no effort was taken by the OP to refund the amount in dispute even though no services whatsoever have been rendered by the OP to the complainants.  The OP is, thus, proved not only to be deficient in rendering the services but also resorted to unfair trade practice by inducing the complainants and other gullible consumers to become its members on the pretext of providing lucrative offers with an intention not to fulfill the same.        
6.         Besides this, the OP despite due service through proclamation did not care to contest the case and, as such, it can be concluded without any hesitation that either the OP admits the claim of the complainants or has nothing to say in the matter. 
7.         In view of the above discussion, we are of the opinion that the complaint deserves to be allowed. The same is accordingly allowed. The OP is directed as under :-

1. To refund Rs.43,500/-  to the complainants along with interest @ 9% from the date of its deposit i.e. 11.04.2019 till its realization.
2. To pay Rs.5,000/- to the complainants as compensation for mental agony and physical harassment.
3. To pay Rs.5,500/- as costs of litigation;. 

8.         This order be complied with by the Opposite Party, within 45 days from the date of receipt of its certified copy, failing which the awarded amount at Sr.No. (ii) shall also carry interest @9% per annum from the date of this order till its actual payment besides compliance of other directions.
9.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced 14/09/2021	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER