DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT
Complaint No. : 09
Date of Institution : 15.01.2019
Date of Decision : 10.06.2019
Ishwar Singh aged about 68 years S/o Sh. Simru Ram, R/o H.No.1027,Street No.13, Sanjay Nagar, Faridkot, Tehsil and District Faridkot Mobile 62802-12259
...Complainant
Versus
- Nature Farms and Real Estate Pvt. Ltd.,9, Sunder Nagri, Abohar. Through its Authorized Signatory
- Nature Hotels and Resorts, SCO 11 City Plaza Chandigarh Road, Kharar, District S.A.S.Nagar. Through its Authorized Signatory
- M/s Nature Height Infra Ltd, having its registered office at Street No. 9, Sunder Nagri, Hanumangarh Road, Abohar, through its M.D.
- M/s Nature Height Infra Ltd through its Branch Manager, Near Bus Stand, Faridkot, Now Shifted to Street No.9, Sunder Nagri, Hanumangarh Road, Abohar
........ OPs
Complaint under Section 12 of the Consumer Protection Act, 1986.
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Quorum: Sh. Ajit Aggarwal, President,
Smt. Param Pal Kaur, Member.
Present: Sh. Naresh Kumar Gupta, Ld Counsel for Complainant,
OPs Exparte.
(Ajit Aggarwal, President)
Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops seeking directions to refund the amount of Rs.5,00,000/-/-with interest besides Rs.1,00,000/-as compensation for harassment and mental agony alongwith litigation expenses of Rs.10,000/-.
2 The facts of this complaint are that the complainant is Resident of Sanjay Nagar, District Faridkot. The Ops are dealing in the business of development of Real Estate and Resorts. Ops indulged the complainant in the booking for Membership of Emerald Clud of Natures Hotels and Resorts a product of Nature Farms and Reals Estate Pvt. Ltd. i.e. OP-1. Complainant applied for membership of for EMERALD Club by paying Rs.5,00,000/- ( 60269+180000+85531+174200) in cash against receipts No. 4463,4464, 4465, 4466 dated 13.09.2013 was issued by OP-1 at Faridkot. All the payments are made to the OPs at Faridkot. A booking letter was issued by the OP-2, as per terms and conditions, the complainant was entitled for the package to be provided by the OPs as Membership of Club package 5 days & 4 nights free stay and 18 % discount on food etc. Cash benefit to the tune of Rs.1,05,000/- PA and rent sharing 10% of room rent. The OPs did not provide any such facility or cash benefit to complainant, the complainant approached the Office of the OPs at Faridkot and Abohar, for getting such benefit who asked the complainant to wait for sometime but no fruitful result came out. He visited the office of the OPs many times but all in vain. As per terms and conditions the OPs were required to develop Nature Notified Resorts and to be made it available to complainant for availing holidays from time to time after tying up/taking on lease/ acquiring by any other arrangement by Nature Hotels and Resorts, but ops miserably failed to perform their part. Now the OPs shifted their office from Faridkot to Abohar with malafide intention in order to escape the liability. They using the amount of the complainant for their personal use. OPs has miserably failed to provide the necessary services, as per terms and conditions and it amounts to deficiency in service and trade mal practices on their part. This act of OPs has caused financial loss, great harassment and mental tension to complainant, which amounts to deficiency in service and unfair trade practice. Complainant has prayed for directing OPs to pay Rs.5,00,000/- with interest and has also prayed for compensation of Rs.1,00,000/- besides cost of litigation. Hence, the complaint.
3 The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 21.01.2019, complaint was admitted and notice was ordered to be issued to the opposite parties.
4 As per office report, notice issued to Ops through registered cover received back with report of Postal Authorities as “addressee left’. Thereafter, notice was served through publication and it is presumed that OPs have sufficient knowledge of notice issued against them. Despite making several calls to OPs, no body appeared in the Forum on behalf of Ops on date fixed either in person or through counsel, therefore, after waiting for a long period till 4.00 O’ clock, Ops were proceeded against exparte vide order dt 29.04.2019.
5 Ld Counsel for complainant tendered in exparte evidence, affidavit of complainant as Ex.C-1 and documents Ex C-2 to C-6 and then, closed the evidence on behalf of complainant.
6 Ld Counsel for complainant vehementally argued that Ops are dealing in the business of development of Real Estate and Resorts. Ops indulged the complainant in the booking for Membership of Emerald Club of Natures Hotels and Resorts a product of Nature Farms and Reals Estate Pvt. Ltd. i.e. OP-1. Complainant applied for membership of for EMERALD Club by paying Rs.5,00,000/- in cash against receipts No. 4463,4464, 4465, 4466 dated 13.09.2013 was issued by OP-1 at Faridkot. All the payments are made to the OPs at Faridkot. A booking letter was issued by the OP as per terms and conditions, the complainant was entitled for the package to be provided by the OPs as Membership of Club package 5 days & 4 nights free stay and 18 % discount on food etc. Cash benefit to the tune of Rs.1,05,000/- PA and rent sharing 10% of room rent. The OPs did not provide any such facility or cash benefit to complainant. As per terms and conditions the OPs were required to develop Nature Notified Resorts and to be made it available to complainant for availing holidays from time to time after tying up/taking on lease/ acquiring by any other arrangement by Nature Hotels and Resorts, but ops miserably failed to perform their part. Now the OPs shifted their office from Faridkot to Abohar with malafide intention in order to escape the liability. They using the amount of the complainant for their personal use. OPs has miserably failed to provide the necessary services, as per terms and conditions and it amounts to deficiency in service and trade mal practices on their part. All the instalments were paid at the Faridkot office of OPs. Thereafter, complainant requested OPs to return his amount, but they did not pay any heed to his requests. Complainant approached Ops many times with request to refund his amount with interest, but every time they kept putting off the matter on one pretext or the other. This act of OPs has caused financial loss, great harassment and mental tension to complainant, which amounts to deficiency in service and unfair trade practice. Complainant has prayed for accepting the complaint.
7 We have heard the exparte arguments addressed by ld counsel for complainant and have also carefully gone through the record available on the file.
8 The case of the complainant is that Ops are dealing in the business of development of Real Estate and Resorts. Ops indulged the complainant in the booking for Membership of Emerald Club of Natures Hotels and Resorts a product of Nature Farms and Reals Estate Pvt. Ltd. i.e. OP-1. Complainant applied for membership of for EMERALD Club by paying Rs.5,00,000/- in cash against receipts No.4463,4464,4465,4466 dated 13.09.2013 was issued by OP-1 at Faridkot. All the payments are made to the OPs at Faridkot. A booking letter was issued to complainant by the OP, as per terms and conditions, the complainant was entitled for the package to be provided by the OPs as Membership of Club package 5 days & 4 nights free stay and 18 % discount on food etc. Cash benefit to the tune of Rs.1,05,000/- PA and rent sharing 10% of room rent. The OPs did not provide any such facility or cash benefit to complainant, the complainant approached the Office of the OPs at Faridkot and Abohar for getting such benefit who asked the complainant to wait for sometime but no fruitful result came out. He visited the office of the OPs many times but all in vain. As per terms and conditions the OPs were required to develop Nature Notified Resorts and to be made it available to complainant for availing holidays from time to time after tying up/taking on lease/ acquiring by any other arrangement by Nature Hotels and Resorts, but ops miserably failed to perform their part. Now they shifted their office from Faridkot to Abohar with malafide intention in order to escape the liability. They are using the amount of the complainant for their personal use. OPs have miserably failed to provide the necessary services, as per terms and conditions and it amounts to deficiency in service and trade mal practices on their part. The act of OPs has caused financial loss, great harassment and mental tension to complainant, which amounts to deficiency in service and unfair trade practice The payment was made to OPs at their Faridkot office and agreement was also executed between the parties at Faridkot within the territorial jurisdiction of this Forum which is clear from the receipt Ex C-2 to C-5. So, this Forum has jurisdiction to try and decide this complaint.
9 From the above discussion, we are fully convinced with the arguments advanced by ld counsel for complainant. Complainant has succeeded in proving his case. The act of OPs for receiving the payment for club Membership and not developing resorts and providing other facilities to complainant as per agreement within time amounts to deficiency in service and trade mal practice on their part.
10 From the careful perusal of the record, this Forum is fully convinced with the arguments advanced by ld counsel for complainant and is of considered opinion that OPs have been deficient in services and there is trade mal practice on the part of OPs in not developing the resorts and providing other benefits as per their promise and also failed to return the amount received from complainant. Hence, the present complaint is hereby allowed. Therefore, OPs are directed to refund the amount of Rs.5,00,000/- to complainant with interest at the rate of 12% per anum from the date of payment till realization. Ops are further directed to pay Rs.5,000/-as compensation for harassment and mental agony suffered by him besides Rs 3000/-as litigation expenses to complainant. OPs are directed to comply with the order within one month from the date of receipt of the copy of this order, failing which complainant shall be entitled to proceed under Section 25 and 27 of the Consumer Protection Act. Copies of order be supplied to the parties free of costs under the rules. File be consigned to record room.
Announced in Open Forum
Dated : 10.06.2019
(Param Pal Kaur) (Ajit Aggarwal) Member President
