Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 361.
Instituted on : 30.06.2021.
Decided on : 07.03.2022.
Jitender Kumar Hooda age 52 years, s/o Sh. Ram Kishan Hooda R/o H.No.190-L, Model Town, Rohtak. .
………..Complainant.
Vs.
- The Director, Journeys Resorts Private Limited Registered Office at 50, Sunder Nagar, New Delhi-110003.
- The Manager, Journeys Resorts Private Limited Corporate Office at Plot No.-1, Industrial Development Corporation, Industrial Development Area, Sector-17, Gurgaon-122007.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. SHYAM LAL, MEMBER.
Present: Sh.N.K.Nandal, Advocate for the complainant.
Opposite party No.1 exparte. .
Opposite party No.2 given up.
ORDER
NAGENDER SINGH KADIAN PRESIDENT:
1. Brief facts of the case are that in the last week of August 2016, sale representatives contacted the complainant and others on mobile phones and convinced to attend the seminar or interaction with lucrative offers including gift voucher, services of respondent company. Accordingly complainant and his wife attended the seminar and met with the sale representatives namely Girish, Rinki and others turn wise and they offered the complainant membership or package of tour/holiday trips of respondent company in addition to gift voucher 2n/3d with complementary breakfast etc. at their sites. Respondent company had also offered many attractive schemes and it was told that membership is available only for them who were called there as lucky winners of gift voucher and complainant was promised to get each and every service hassle free or without any hidden charges, if complainant pays entire amount of membership of five years period in one/single payment/cash payment on the spot. They also offered other gift vouchers like voucher of Jewellery, parlour vouchers, movie tickets and free food vouchers for every member on every visit/holiday trip. On their lucrative offers, complainant purchased the holiday plan/membership for five years from August 2016 to August 2021 after paying the entire payment of Rs.60000/-. After the agreement, complainant made a request for free gift voucher two three times and made calls to Mr. Girish and offer to arrange the tour of Jim Corbett Park and he accepted the offer and told that your arrangement has been done and you can receive the booking at Jukaso sites at Jim Corbett hotel after arrival. Complainant and his family visited the Jim Corbett Park and after arrival at Jukaso sites as disclosed by Mr. Girish, on reaching there the complainant came to know that there is no booking in the name of complainant, then the complainant made a call to Mr. Girsrish and he told that due to heavy season/unavoidable circumstances, the booking cannot be done and the complainant had to arrange for tour itself and the same will be refunded. Complainant spent Rs.12000/- on booking of accommodation and spent Rs.20000/- for meal etc. and 2 nights stay at Jim Corbett. Complainant again contacted the opposite party No.1 for another holiday trip but the same was denied and it was told to the complainant that he had to pay Rs.10000/- extra for every year for every visit. In fact, holiday plan or such membership was a trap by the office bearers/sale persons of respondent company to extort the money from the complainant. Opposite party did not arrange a single tour for the complainant despite request and he had to bear all the tour expenses himself. Complainant requested the opposite parties to refund the entire amount of Rs.60000/- alongwith interest but in vain. The act of opposite party is illegal and there is deficiency in service on the part of opposite party. Hence this complaint and it is prayed that opposite party may kindly be directed to refund the amount of Rs.60000/- alongwith interest, compensation and litigation expenses to the complainant as explained in relief clause.
2. Notice of the present complaint was issued to the opposite parties. Notice issued to opposite party No.1 through registered post confirmed through delivery tract report but none appeared on behalf of opposite party No.1 and opposite party No.1 was proceeded against exparte vide order dated 08.11.2021 of this Commission. However, opposite party No.2 was given up by the complainant being same party vide his statement dated 08.11.2021.
3. Complainant in his evidence has tendered affidavit Ex.CW1/A to Ex.CW3/A, documents Ex.C1 to Ex.C20 and closed his evidence on dated 31.01.2022.
4. We have heard ld. counsel for the complainant and have gone through the material aspect of the case very carefully.
5. As per Certificate of Membership Ex.C1, complainant has taken the membership of opposite party for 5 years, the name of co-applicant is Meena Hooda. As per membership card issued by the opposite party no.1 the same is valid from August 2016 to August 2021. As per MHWGIFT Certificate Ex.C3, complainant was given a free coupon of 2 nights/3 days stay with breakfast at any one of the destination mentioned in the coupon which was valid for one year from the date of issue i.e. 26.08.2016. As per agreement Ex.C4, the complainant had paid Rs.60000/- as down payment. The grievance of the complainant is that after payment of huge amount of Rs.60000/- and even availing of free gift voucher, complainant was neither given any benefit of gift voucher nor any tour was arranged by the opposite party and the complainant had to bear all the tour expenses himself out of his own pocket. On the other hand, opposite party no.1 did not appear despite service and as such it is presumed that it has nothing to say in the matter and all the allegations leveled by the complainant against the opposite party no.1 stands proved. As such there is deficiency in service on the part of opposite party No.1 and opposite party No.1 is liable to compensate the complainant.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party No.1 to refund the amount of Rs.60000/-(Rupees sixty thousand only) alongwith interest @ 9% p.a. from the date of deposit of alleged amount i.e. 26.08.2016 till its realization and shall also pay a sum of Rs.10000/-(Rupees ten thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
07.03.2022.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Shyam Lal, Member.
