Punjab

Sangrur

CC/309/2018

Parween Kumar Bansal - Complainant(s)

Versus

Signature The Grand Club - Opp.Party(s)

Sh.Mohit Verma

17 Oct 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                               

                                                Complaint No.  309

                                                Instituted on:    20.07.2018

                                                Decided on:       17.10.2018

 

1. Parween Kumar Bansal son of Sh. Kundan Lal;

2. Urmila Kumari wife of Sh. Parveen Kumar Bansal, both residents of Aggarwal Street No.5, Near Sainik Rest House, Club Road, Sangrur.

                                                                ..Complainants

                                Versus

1.     Signature The Grand Club, Signature Linkers Private Limited, K-25, 2^nd Floor, Lajpat Nagar-II, New Delhi through its Managing Director 110001.

2.     Abhishek, Representative of Signature Linkers Private Limited, K-25, 2^nd Floor, Lajpat Nagar-II, New Delhi 110001.

3.     Bulbul, Representative of Signature Linkers Private Limited, K-25, 2^nd Floor, Lajpat Nagar-II, New Delhi 110001.

                                                        …Opposite parties

 

For the complainant  :       Shri Mohit Verma, Advocate.

For Opposite parties         :       Exparte.

 

Quorum:   Inderjit Kaur, Presiding Member

                Vinod Kumar Gulati, Member

 

Order by : Vinod Kumar Gulati, Member.

 

1.             Shri Parween Kumar Bansal and Urmila Kumari, complainants (referred to as complainants in short) have preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that OPs number 2 and 3 being the representatives of OP number 1 visited Sangrur in Hotel Harman, Sangrur on 13.10.2017 and they called the complainants to attend their meeting for getting the membership in Signature Grand Club and assured the complainant either to become the member of the Club or not, but the OPs shall provide the complementary holiday voucher for 3 nights 4 days in India. The complainants attended the meeting at Harman Hotel, Sangrur on 13.10.2017 at evening time and the OPs gave voucher number 7009 dated 13.10.2017 to the complainants for visiting Bhopal by mentioning the check in date as 16.1.2018 for 3 Nights 4 days.  In the said meeting, the OPs number 2 and 3 explained the detailed scheme to the complainants regarding the various membership schemes on behalf of OP number 1  and after discussing the schemes, the OP number 2 and 3 committed that if the complainants pay membership in the name of complainant number 2, then they would be given membership of the club of OP number 1 for validity of five years along with membership offer of 3 days stay at Puri, two days stay at Bhuvaneshwar, one day stay at Konark and Chilika Lake, two air tickets to and from air tickets from Chandigarh to Bhubaneshwar along with sight scene expenditure.

 

2.             Further, case of the complainants is that the Ops also offered that they will provide air tickets for foreign travel at the rate 25% less than the market rates and accordingly the complainant agreed for the same and made the payment of Rs.65,000/- through credit card of HDFC Bank to the OPs on the same day at Sangrur and thereafter the Ops failed to provide the package as stated above despite their best efforts. 

 

3.             Besides above, the case of the complainants is that though they requested the Ops to provide the offer as promised by them i.e. tour of Bhubaneshwar for 6 Nights 7 days, but the same was refused to the complainants without disclosing anything to them.

 

4.             Further case of the complainants is that the complainant number 1 approached the OPs for making arrangement of foreign air tickets as per the assurance, but the OPs put off the matter on one pretext or the other, as such, the complainants purchased air tickets at higher rates and visited New Zealand on 30.1.2018 and by this way, the complainants  suffered a loss of Rs.29,098/- due to the negligence of the OPs. The complainants also requested OPs to refund the amount of Rs.65,000/- so paid by the complainants to the OPs and loss of amount of Rs.29,098/- and loss of Rs.50,000/- on account of loss of Bhuvnewshwar tour, totalling Rs.1,44,098/- to the complainant till date.  It is further averred that the complainants though they approached the Ops a number of times to get the refund of the amount as well as compensation, but all in vain. Thus, alleging deficiency in service on the part of the OPs, the complainants have prayed that the OPs be directed to pay to the complainants the amount of Rs.1,44,098/- on account of loss suffered by them and further claimed compensation of Rs.50,000/- on account of mental agony and harassment and Rs.11,000/- on account of litigation expenses.

 

5.             Record shows that the OPs did not appear despite service, as such, they were proceeded against exparte on 30.08.2018.

 

6.             The learned counsel for the complainants has produced Ex.C-1 to Ex.C-9 copies of documents and affidavit and closed evidence.

 

7.             We have carefully perused the complaint, and heard the arguments of the learned counsel for the complainant. In our opinion, the complaint merits acceptance, for these reasons.

       

8.             After bare perusal of the complaint as well as evidence produced on record and hearing the arguments advanced by the learned counsel for the complainants, we find that it is an admitted fact between the parties that the complainant paid an amount of Rs.65,000/- to the OPs through OP number 2 and 3 and the agreement between the two parties was signed on 13.10.2017 containing the vacation ownership purchase terms and conditions along with the booking form for destination to Bhopal for checking date of 16.01.2018, a copy of which on record is Ex.C-2, Ex.C-3 and Ex.C-4, which clearly reveals that the complainants deposited an amount of Rs.65,000/- with the OP number 1.  It is further worth mentioning that the Ops chose to remain exparte and did not appear to contest the case.  In the circumstances, we feel that the ends of justice would be met if the Ops are directed to refund to the complainants the so deposited amount of Rs.65,000/- and an amount of Rs.29,098/- being the discount of 25% on air tickets and Rs.12,814/- proportionately spent by the complainants on purchase of air tickets for visiting Bhubaneswar.    

 

9.             In view of our above discussion and legal position explained above, we allow the complaint and direct the Ops to pay to the complainants an amount of Rs.1,06,912/- along with interest @ 9% per annum from the date of filing of the present complaint i.e. 20.07.2018 till its realisation.  Ops are also directed to pay to the complainant an amount of Rs.15,000/- in lieu of consolidated amount of compensation for mental tension and harassment and litigation expenses.

 

10.           This order of ours be complied with within a period of thirty days of its communication. A copy of this order be issued to the parties free of cost. File be consigned to records.

                        Pronounced.

                        October 17, 2018.

                                                                               

                                                             (Inderjit Kaur)

                                                         Presiding  Member

 

 

 

                                                        (Vinod Kumar Gulati)

                                                                   Member