Per Surjeet kaur, Presiding Member

1.      Briefly stated allegations are that on the assurances given by the OPs, the complainant purchased the Diamond 50k-115k Membership, which allowed the complainant to avail services worth Rs.1,15,000/- by paying only an amount of Rs.59,000/-. The complainant made an upfront payment of Rs.30,000/- on 21.03.2018 and Rs.29,000/- on 31.05.2018. This membership is valid till March 21, 2023 (Annexure C-1). The complainant availed the services under the package on 16.05.2019, 28.05.2019 and 11.02.2020 amounting to Rs.13,750/- (Annexure C-2) Colly. As per complainant, she had visited the OPs Spa for availing services under the membership package purchased by the complainant and she was shocked to know that the membership of the complainant was elapsed. However, the OPs made up a fake receipt which shows a different date upto which complainant can avail the services of the OPs. According to such receipt the membership was only valid up till 21.09.2020. The representative of OPs also informed the complainant that the balance amount in the complainant’s membership amount was Rs.40,600 which could only be availed if the complainant purchased another additional membership package. The OPs arbitrarily and illegally without intimating the complainant change the validity of the membership package from 21.03.2023 to 21.09.2020. The complainant had served upon the OPs a legal notice (Annexure C-3) Colly. Alleging that the aforesaid act amounts to deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the instant complaint.
2.     Notice of the complaint was sent to OPs, seeking their version of the case. However, nobody appeared on behalf of OPs despite service, therefore, they were proceeded ex-parte on 17.05.2022.
3.     Complainant led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the complainant and gone through the record of the case. After perusal of record, our findings are as under:-
5.     Evidently, as per Annexure C-1, the complainant bought Diamond 50K-115K Membership for Rs.59,000/- out of which an amount of Rs.30,000/- stood paid on 21.03.2018 an amount of Rs.29,000/- has been shown as due. The same Annexure C-1, clearly shows that the validity of the membership is upto March 21, 2023. The sole grouse of the complainant is that on the date of issuance of Annexure C-1, the membership validity is till March 21, 2023, but when she approached the OPs to avail the further membership package/services the same were refused to the complainant by giving another receipt Annexure C-4, showing the validity date till 21.09.2020.
6.     Significantly, OPs did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OPs draws an adverse inference against them. The non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
7.     Annexure C-1 & C-4 being of the same date 21.03.2018, but with different validity date makes it abundantly clear that the OPs are indulged in unfair trade practice. Annexure C-2, at page 8 of the paper book shows the membership balance as Rs40,600/- then it is out of our understanding that why the remaining services could not be provided to the complainant by the OPs. Therefore, the negligent act of OPs for not providing proper services, non-honouring their own promise and most importantly non-appearing during the proceedings of the present case and issuing two different documents for the same cause of action proves deficiency in service and their indulgence in unfair trade practice.  
8.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. To refund amount of ₹44,250/- to the complainant alongwith interest @ 9% per annum from the date of filing this present complaint till realization.
2. to pay an amount of ₹5,000/- to the complainant as compensation for causing mental agony and harassment to her;
3. to pay ₹5,000/- to the complainant as costs of litigation.

9.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.