Haryana

StateCommission

A/368/2016

JUKASO RESORTS PVT.LTD. - Complainant(s)

Versus

NEERAJ - Opp.Party(s)

VINAY MISHRA

16 Aug 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :     368 of 2016

Date of Institution:     26.04.2016

Date of Decision :      16.08.2016

 

M/s Jukaso Resorts Private Limited, through its Managing Director, Plot No.1, IDC Mehrauli Road, Gurgaon-122001.

Also at:

50, Sunder Nagari, New Delhi-110003.

                                      Appellant-Opposite Party

Versus

 

Smt. Neeraj w/o Sh. Amit Singh, Resident of House No.187, Housing Board Colony, Jharsa Road, Opposite Friends Colony, Gurgaon, Haryana.

                                      Respondent-Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member   

 

Present:               Shri Vinay Mishra, Advocate for appellant.

                             Shri Abhishek Verma, Advocate for respondent.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

          M/s Jukaso Resorts Private Limited (for short ‘Jukaso Resorts’)-Opposite Party, is in appeal against the order dated February 9^th, 2016 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘the District Forum’), whereby complaint filed by Smt. Neeraj-complainant (respondent herein), was accepted. The operative part of the order is reproduced as under:-

“…we accept the present complaint and direct the opposite party to refund Rs.58,576/- with interest @ 9% p.a. from the date of filing of the present complaint till realization. The complainant is also entitled to compensation for harassment and mental agony and litigation expenses to the tune of Rs.5,000/-. The opposite party shall make the compliance of the order within 30 days from the date of receipt of the copy of this order.”    

2.                The brief facts of the present case are that the respondent-complainant, took membership of Jukaso Resorts-opposite party, under 36 EMI Plan for Rs.2,40,000/-. She paid Rs.58,576/- to the opposite party. The complainant wanted to book a resort at Manali but the opposite party did not book the same. Besides, the opposite party did not give HCL Laptop, as per the assurance given to the complainant. Being dissatisfied, the complainant approached the opposite party to cancel her membership and refund the amount deposited by her but to no avail. Hence, complaint under Section 12 of the Consumer Protection Act, 1986 was filed.

3.                Learned counsel for the appellant has urged that the appellant was proceeded ex parte before the District Forum and therefore an opportunity be given to file written version and contest the complaint. 

4.                Since the evidence produced by the complainant remained un-rebutted as the appellant-opposite party could not contest the complaint on merits, it would be in the interest of justice to give an opportunity to the appellant to contest the complaint on merits. Accordingly, appeal is accepted, the impugned order is set aside subject to the cost of Rs.10,000/- which shall be paid by the appellant to the complainant before the District Forum. The appellant is accorded opportunity to join the proceedings and parties shall be entitled to lead evidence.  The case is remitted to the District Forum, Gurgaon with the direction to decide the complaint afresh expeditiously.

5.                Copy of this order be sent to the District Forum.

6.                The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 16.08.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

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