District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.282/2022.

 Date of Institution: 26.05.2022

Date of Order: 28.10.2022.

Amit Tayal resident of House NO. 21/3, Ward No.3, Gali NO.2, Petch colony Hodal – 121106 at present R/o House No. 1632, sEctor-7E, IInd floor, Faridabad.

                                                                                    …….Complainant……..

                                                            Versus

Rangers Club Pvt. Ltd., 901, Logix Officer Tower, Sector-32, Noida – 201301 (U.P) India through its authorized person.

                                                                                    …Opposite party……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:                  Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana…………Member.

PRESENT:                Sh.   Dheeraj Jain ,  counsel for the complainant.

                                    Opposite  party ex-parte vide order dated 05.07.2022.

ORDER:  

                        The facts in brief of the complaint are that the opposite party had given the offer to the complainant for getting the membership and in this regard the complainant had taken the membership I.D No. 122634 in respect of Holiday Entitlement & Tenure Season 6N/7D for 5 years Room Type Studio/Deluxe Holiday Entitle Month September,2021 and in this regard the complainant paid the down payment of Rs.60,000/- to the opposite party on dated 9.9.2021.  When the complainant alongwith his wife visited at the destination described by the opposite party, where the concerned person did not gave the required room to the complainant due to which the complainant face the great difficulties which prima facie to prove that the assurance of the opposite party and promised well failure to cheat the complainant.  The complainant requested to the opposite party to return the amount of Rs.60,000/- but the opposite party totally refused and threatened with dire consequences. The complainant sent legal notice  dated 30.04.2022 to the opposite party but all in vain. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite party to:

a)                     refund/return the amount of Rs.60,000/- alongwith interest at the rate of 18% p.a. to the complainant.

 b)                     pay Rs.1,00,000/- as compensation for causing mental agony and harassment .

c)                      pay Rs. 21,000 /-as litigation expenses.

2.                      Notice issued to opposite parpty on 31.5.2022 not received back either served or unserved.  Tracking details filed in which it had been mentioned that “Item Delivery Confirmed”.  Mandatory period of 30 days expired.  Hence, opposite party was proceeded against ex-parte vide order dated 05.7.2022.

3.                     The complainant led evidence in support of his respective version.

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

5.                     In this case the complaint was filed by the complainant against opposite party –Rangers Club with the prayer to: a)  refund/return the amount of Rs.60,000/- alongwith interest at the rate of 18% p.a. to the complainant. b)          pay Rs.1,00,000/- as compensation for causing mental agony and harassment .c)    pay Rs. 21,000 /-as litigation expenses.

                        To establish his case, the complainant  has led in his evidence Ex.CW1/A – affidavit of Amit Tayal, Ex.P-1 – payment receipt, Ex.P-2 – legal notice, Ex.P-3 – postal receipt, Ex.P-4 – Track report, Ex.P-5 – Duplicate  statement.

6.                     There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party hasrendered deficient services to the complainant. Hence the complaint is allowed against opposite party.

7.                     Opposite party is directed to  refund the amount of Rs.60,000/- alongiwth interest @ 6% p.a. from the date of filing of complaint till its realization. Opposite party is also directed to pay Rs.2200/- as compensation for causing mental agony  & harassment alognwith  Rs.2200/- as litigation expenses to the complainant.  Compliance of this order  be made within 30 days from the date of receipt of copy of this order.  File be consigned to the record room.

Announced on:  28.10.2022                                       (Amit Arora)

                                                                                                     President

                         District Consumer Disputes

             Redressal  Commission, Faridabad.

                                                            (Mukesh Sharma)

                            Member

            District Consumer Disputes

                                                                                    Redressal Commission, Faridabad.

                                                               (Indira Bhadana)

                            Member

            District Consumer Disputes

                                                                                    Redressal Commission, Faridabad.