DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.769 of 2018
Date of institution: 25.07.2018 Date of decision : 15.11.2018
Mrs. Manju Singhal wife of Shri Subhash Singhal, resident of House No.736, Sector 12, Panchkula, Haryana.
…….Complainant
Versus
1. Sterling Holiday Resorts (India) Limited through its Managing Directors, CITI Towers, 3rd Floor, No.7, 3rd Cross Street, Kasturba Nagar, Adyar, Chennai 600020, Tamil Nadu.
2. Shri Prince Kumar, Senior Executive, Customer Acquisition, Sterling Holidays Resorts Limited, SCF 63-64, 1st Floor, Phase 10, Above Reliance Fresh, Mohali- 160062.
3. Shri Amit Chaudary, Senior Executive, Sterling Holidays Resorts Limited, SCF 63-64, 1st Floor, Phase 10, Above Reliance Fresh, Mohali- 160062.
……..Opposite Parties
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Shri Amrinder Singh Sidhu, Member
Mrs. Natasha Chopra, Member.
Present: Shri Aseem Gupta, counsel for complainant.
Order by :- Shri G.K. Dhir, President.
Order
Complainant, after receipt of telephone call on 08.09.2016 from office of OP No.1 attended meeting with its representatives on 09.09.2016 at @ Home, Elante Mall, Chandigarh. OP No.1 was promoting its business venture by way of sale of packages for holidays, tours, travels etc. Allured by these benefits and incentives projected by OP No.2 and 3 as representatives of OP No.1, complainant took membership by way of holiday vacation package of OP No.1 for total amount of Rs.4,53,550/-, but by making down payment of Rs.1,03,388/- to OPs on 09.09.2016. Rs.3,388/- were paid by complainant from her own credit card on the spot, but Rs.1,00,000/- was paid by complainant at her home to representatives of OPs, when they visited house of complainant in the evening for collecting balance amount. This payment was made through credit card of daughter of complainant namely Ms. Richa Singhal. Amount was paid in three transactions on assurance that interest leviable on the deposited amount by HDFC Bank credit facility will be waived off. Complimentary holiday voucher for 2 nights and 3 days of free stay at any resort was given to complainant. In January, 2017, complainant booked reservation for stay at Agra in resort of OPs for period from 16.01.2017 to 19.01.2017, but on reaching at the spot, complainant alongwith her husband found that location was not at all good because maintenance of greenery, garden and flowers was not done as per assurance. There was electric break down for three times during night. Tea kettle was not working properly because of auto cut being non functional. Even a boy guest was roaming topless resulting in difficulty to complainant for having sleep in the provided resort on 18.01.2017. Thereafter complainant projected her difficulties to OPs through e-mail and other communications and that is why by claiming that OPs adopted unfair trade practice, refund of paid amount of Rs.1,03,388/- with interest @ 18% per annum and compensation for mental harassment and agony etc. claimed.
2. Arguments heard for admission purpose.
3. From the contents of complaint as a whole as referred above in detail, it is made out that complainant attended meeting with representatives of OP No.1 in Elante Mall, Chandigarh for arriving at the agreement in question for getting membership by way of holiday vacation package. Rs.3,388/- were paid through credit card on the spot, which means that this payment was made in Elante Mall, Chandigarh itself. However, balance payment of Rs.1.00 lakh was made by complainant at her house by use of credit card of her daughter Ms. Richa Singhal. House of complainant is situate in Sector 12, Panchkula as made out from the title of the complaint itself and as such from these assertions contained in Para No.2 and 3 of the complaint, it is obvious that part of payment was made at Chandigarh, but the major amount at Panchkula. Moreover, uncomfortable facility offered to complainant at Agra as projected through complaint and head office of OP No.1 is situate in Chenni and as such it is obvious that virtually no part of cause of action accrued to complainant in territorial jurisdiction of this Forum. Merely because office of OP No.2 and 3 situate at Mohali, due to that alone this Forum has no jurisdiction because no part of cause of action accrued to complainant within territorial jurisdiction of this Forum, particularly when breach of terms of providing of excellent accommodation facilities committed at Agra and payments made at Chandigarh or at Panchkula.
4. As per ratio of case of Sonic Surgical Vs. National Insurance Company Ltd. 2010(1) CLT 252 of Hon’ble Supreme Court of India, if cause of action has accrued for filing complaint at a particular place like Ambala, then filing of complaint in Tamil Nadu or Gauhati or anywhere in India where branch office of insurance company is situate, is not an acceptable plea. Rather Hon’ble Supreme Court of India held that in view of amended Section 17 (2) of Consumer Protection Act, 1986, expressions ‘branch office’ used therein means the branch office where cause of action has arisen. As cause of action in the case before us arose either at Panckula (where payment made) or at Agra (where breach of promise of agreement committed) and as such just due to branch office of OP No.1 situate in Mohali alone, this Forum will be having no jurisdiction. Being so, complaint deserves to be returned for presentation before the appropriate Forum having territorial jurisdiction.
7. As a sequel of above discussion, complaint ordered to be returned to complainant for presentation before the Forum having territorial jurisdiction in accordance with law. Certified copies of the order be supplied to the complainant as per rules. File be indexed and consigned to record room.
Announced
November 15, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu) Member
(Mrs. Natasha Chopra)
Member
