Chandigarh

DF-II

CC/604/2020

M/s Nectar Lifesciences Ltd. - Complainant(s)

Versus

The Fair Point GMBH - Opp.Party(s)

Ajay Pal Singh Adv

03 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	604 of 2020
Date  of  Institution	:	04.11.2020
Date   of   Decision	:	03.07.2023

 

 

 

 

 

M/s Nectar Lifescience Limited, a body corporate incorporated under the Companies Act, 1956, having its Office at SCO No.38-39, Sector 9-D, Chandigarh 160017 through its duly authorized signatory and Sr.Manager – legal Sh.Madan Gopal. 

            …..Complainant

 

Versus

 

1]  The Fair Point GMBH through its Managing Director/Proprietor, Partners, Mainzer Landstrabe, 49 60329, Frankfurt AM, Main GERMANY TAX ID: 45 233 02519 VAT ID: DE291466404

 

2]  Best Western Antares Hotel Concorde through its Managing Director, Viale Monza 132 20127 MILANO MI, ITALY

 

3]  Grand Hotel Duca Di Mantova through its Managing Director, Piazza Francesco Caltagirone, 40, 20099, SESTO SAN GIOVANNI MI, ITALY.

     ….. Opposite Parties

 

 

BEFORE:  MR.AMRINDER SINGH SIDHU       PRESIDENT

        MR.B.M.SHARMA                 MEMBER

                               

Argued by   :  Sh.Ajay Pal Singh, Counsel of complainant

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM, PRESIDENT

 

          The complainant company filed present complaint pleading that it deals in Pharmaceutical products in India & abroad.  It is stated that the complainant company, in order to attend a Global Event i.e. CPhI Worldwide, termed as ‘festival of pharma’ scheduled to take place in October, 2020 in Milan, Italy, booked 4 Single Rooms in Best Western Antares Hotel Concorde (OP No.2) on 13.11.2019 by paying 30% advance amount of 811.20 Euros (equivalent to Rs.70,756.11/-) and also booked 8 Single Rooms in Grand Hotel Duca Di Mantova (OP No.3) by paying 20% advance amount of 953.60 Euros (equivalent to Rs.83176.81/-) (Ann.C-3 & C-4).  The above said booking was made through OP No.1.

 

        It is submitted that due to out-break of Covid-19 Pandemic, the said event was cancelled and it is intimated vide email dated 30.6.2020 (Ann.C-7) that only a virtual event will be held.  It is also submitted that the complainant company kept on requesting the OP No.1 through whom the said booking was made to get the refund, but the OP No.1 kept on lingering the matter and did not process the claim for refund.  The complainant company also sent a legal notice dated 18.9.2020 to the OPs (Ann.c-8) but to no avail. Hence, the present complaint has been preferred alleging unfair trade practice on the part of OPs, seeking refund of booking amount, compensation for harassment and litigation expenses.

     

2]      During the course of proceedings, it is observed that all the Opposite Parties are situated outside the Territorial boundaries of India, so in view of Section 1 (2) of The Consumer Protection Act, 2019, this District Commission has no ‘territorial jurisdiction’ to entertain and adjudicate upon the present complaint.  Hence, the same is returned to the complainant with a permission to file the same before appropriate Competent Authority, if wishes so, to seek relief from the Concerned Competent quarter. 

        Office is directed to return the complaint to the complainant against proper receipt and after retaining its copy.

        Certified copy of this order be sent to the complainant, as per rules. After compliance file be consigned to record room.

Announced

3^rd July, 2023                                                                            

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER