Haryana

Gurgaon

CC/634/2015

SANJEEV GOYAL - Complainant(s)

Versus

TEAM JOURNEY I.T. COMPOSITE TOWER - Opp.Party(s)

SH. VIJAY KUMAR

23 Jun 2016

ORDER

                                        DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM, GURGAON-122001

                                                                                                               Consumer Complaint No: 634 of 2015                                                                                                                          Date of Institution: 30.11.2015                                                                                                                                                     Date of Decision:  23.06.2016

Sanjeev Goyal s/o Shri Tarlochan Lal R/o H.No. A-1/703, Milan Vihar Apartment Patpar Ganj, Delhi-92.

                                                                                                                                                                                                                         ……Complainant.

                                                Versus

JUKASO, Managing Director, Team Journeys, I.T. Composite Towers, 1, IDC Mehrauli Road, Gurgaon-122001.

..Opposite party

                                                                                               

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                 

 

BEFORE:     SHRI SUBHASH GOYAL, PRESIDENT

SMT JYOTI SIWACH, MEMBER

                   SH.SURENDER SINGH BALYAN, MEMBER.

 

Present:        Shri Sanjeev Goyal, complainant in person

                    OP exparte 

 

ORDER       SUBHASH GOYAL, PRESIDENT.

The case of the complainant, in brief, is that Sales Executive of the OP Mr. Sandeep visited the office of the complainant  on 27.05.2015 and 01.06.23015 and collected Rs.50,000/- (Rs.2,000/- in cash and Rs.48,000/- through Credit Card) towards membership fee for 5 year holiday package. The complainant paid the money to get membership within 10 days and with the promise that the complainant will be provided bookings at Las Vegas and New York in USA during his visit in July (from 5 July to 24 July) and the executive of the OP promised the complainant that the hotel has been booked for stay in USA in advance. The complainant kept on reminding the Executive of the OP but he was always evasive and then asked the complainant to send a mail at info@jukasojourney.com for cancellation as there was considerable delay and the main purpose of taking the package of booking hotel in USA during scheduled visit in the month of July was also defeated. Thereafter the complainant sent mail to the company for cancellation and refund repeatedly. But no reply was received by the complainant from the OP. The complainant also lodged a police complaint at Delhi on 07.08.2015 and the complainant was astound that he received the membership letter and certificate etc on 13.08.2015 by post. The complainant returned the said documents to the OP which were received by OP on 17.08.2015. The complainant requested the OPs many times to refund the amount but in vain. Thus, there was deficiency in service on the part of the OP. The complainant prayed that the opposite party be directed to refund Rs.50,000/- with interest and also to pay compensation of Rs. 1 Lac. In support of his contention the complainant has filed his affidavit and documents Annexure F-1 to Annexure F-19.

2                 OP in its written reply has alleged that the complainant and the OP had entered into a membership agreement and Rs.50,000/- were paid by the complainant to the OP. The complainant showed his eagerness to visit Los Vegas and New York and he was informed that the booking was subject to availability in the hotel  through DAE (Dial An Exchange) and further subject to other payments and at least two months advance notice should be given for booking confirmation. As per the record of the company the complainant never sent any booking request to the reservation department of the OP and thus, without receiving any booking request how the OP could process his booking request. The submission of complainant that the purpose to visit the hotel in New York and Los Vegas in July, 2015 was defeated is totally baseless as in absence of any request from the side of the complainant and secondly he was informed earlier that they need at least two months for booking through DAE. Hence, the cancellation request made by the complainant is without ulterior motive. Thus, there was no deficiency in service on the part of the OP.

However, on 18.05.2016 the opposite party did not appear before this Forum and thus, was proceeded exparte on 18.05.2016 and thus the OP did not lead any evidence in support of his contention.

3                 We have heard the complainant and have perused the record available on file.

4                 Therefore, after going through the facts and circumstances of the case and the evidence placed on file it emerges that the complainant has paid Rs.50,000/- to the OP as membership  and the Executive of the OP promised that hotel has been booked for the complainant for stay in USA in advance for the period from 05 July to 24 July, 2015 and also assured the complainant that the membership will be coming within 10 days. But the same was not received. However, it was received on 13.08.2015 after the police complaint was made against the OP. The complainant has already sent cancellation request on 30.06.2015 due to inefficient services of the OP. The OP has admitted in their email dated 27.10.2015 (Ann F-17) that there is some delay. Thus, there was admission on the part of the OP that there was delay and thus, due to delay the complainant opted to cancel the membership and sought refund of the amount deposited by him but the opposite party failed to refund the same despite several requests made through email. The evidence produced on file by the complainant goes unrebutted as the OP failed to lead any evidence in support of their contention as the OP failed to appear before this Forum on 18.05.2016 after filing of written reply and thus, was proceeded exparte on 18.05.2016.

5                 Therefore, we allow the present complaint and direct the opposite party to refund Rs.50,000/-to the complainant along with interest @ 9 % p.a. from the date of filing of the present complaint i.e. 30.11.2015 till realization. The complainant is also entitled to compensation for harassment and mental agony as well as litigation expenses to the tune of Rs.10,000/-.The OP shall make the compliance of the order within 30 days from the date of receipt of the copy of this order. The parties be communicated of the order accordingly and the file be consigned to the records after due compliance.

 

Announced                                                                                              (Subhash Goyal)

23.06.2016                                                                                                President,

                                                                                                         District Consumer Disputes

                                                                                                         Redressal Forum, Gurgaon

 

(Jyoti Siwach)        (Surender Singh Balyan)

Member                 Member