DATE OF FILING : 09-07-2010.
DATE OF FINAL ORDER : 10-12-2010.
Carter Louis,
Son of Mr. M. Louis,
Aged 31 years, occupation Defence Service
SMQ No. 244/1, Air Force Station, Salua,
Kharagpur, District Midnapur ( W ),
West Bengal 721145. COMPLAINANT.
Versus -
1. The Manager,
Represented by its agent Mrs. Monalisa,
The lake Land Country Club,
Off : Kona Expressway, P.O. Munshidanga, Howrah,
Howrah 711403.
2. The Manager,
Panchwati Holiday Resort Limited,
3A, Auckland Place, 9th Floor,
Room No. 9B,
Kolkata 17. OPPOSITE PARTIES.
P R E S E N T
1. Honble President : Shri J. N. Ray.
2. Honble Member : Smt. Samiksha Bhattacharya.
C O U N S E L
Representative for the complainant : Complainant himself.
Opposite party nos. 1 and 2 : Ex part.
F I N A L O R D E R
This is to consider an application U/S 12 of the C.P. Act, 1986 praying for refund of money towards deficiency in service and unfair trade practice and compensation for mental stress and agony and cost.
Fact of the case, in brief, is that on 26th January, 2009 the complainant, Mr. Carter Louis, and his wife, Mrs. Sujata Louis, had visited Big Bazar, Khargapur to purchase household articles and they were given coupon distributed by team of Panchwati Holiday Resort. On 22nd March, 2009 o.p. no. 1 called the complainant and his wife at their Lake Land Country Club, Santragachi, as the couple were the lucky winner of the aforesaid coupon distributed at Big Bazar, Khargapur. The representative of the aforesaid Club, Mrs. Monalisa, convinced the complainant and his wife for a three years package worth of Rs.15,000/-. The complainant agreed and paid Rs. 15,000/- by P.N.B debit card, savings bank account no.3872000403009503 at PNB, IIT Khargapur Branch. The O.P. no. 1 has handed a gift voucher to the complainant to visit Jodhpur duly signed by Mr. Sanjay and stay at Maherangarh Fort for two days and three nights at free of costs. The agent of O.P. no. 1 Mrs. Monalisa also convinced the complainant and his wife to have a similar package for other places like Puri, Gangtok, Kolkata and Kalimpong within a period of three years. O.P. no. 1 informed the complainant that the complainant shall get his membership card within two months. But when the complainant did not receive the same the complainant sent his representative to O.P. no. 2, the head office, but no fruitful response was come from the part of the O.Ps. In order to avail his gift voucher given by O.P. no. 1 the complainant planned his leave and got sanctioned for Marh,2010. On 22nd January, 2010 the complainant contacted over telephone with the agent of O.P. no. 2. one Mrs. Smitha at the head office for booking at Jodhpur. But she denied any thing in this respect. The efforts of the complainant in making telephonic conversation and correspondences with the O.Ps. had all gone futile. The O.P. no. 1 has induced the complainant a joyful trip and comfortable stay at Jodhpur by taking Rs. 15,000/-. The O.P. 1 has caused great hardship to the complainant. Hence the application.
The notices were duly served upon O.Ps. no. 1 and 2 but none of them appeared before the Forum. Though several opportunities were given to the them they did not respond and did not take any step. So the case was heard ex parte against the O.Ps .
In view of the pleading of the complainant and relying upon the documents filed by the complainant following points arose for determination :
Is there any deficiency in service and unfair trade practice on the part of the o.ps. no. 1 and 2.
Is the complainant entitled to get an order in terms of Section 14 of the C.P. Act, 1986
DECISION WITH REASONS :
POINTS NO. 1 and 2 :
Both the points are taken up together for the sake of convenience of discussion and for brevity.
From the documents the Forum has observed that the complainant was given a gift voucher on 22-03-2009. We also find a money receipt of 15,000/- from Panchwati Holiday Resorts Ltd., O.P. no. 2. In that money receipt we have observed that Rs. 15,000/- was taken from the complainant as full and final payment of three years membership of LLCC (Lake Land Country Club). The complainant has given the aforesaid amount by his debit card which was annexed by the complainant. From that document also we find that Panchwati Holiday Resorts Ltd, Munshidanga, Kolkata, West Bengal, received the same amount on 22-03-2009 at 15: 23 : 21. After that in June,209 the complainant received the telephonic call from Mrs. Monalisa for upgradation of their package by payment of surplus Rs.60,000/- which the complainant denied. Then the complainant asked for his membership card which he did not received till then. Then Mrs. Monalisa assured him that it would take another two months. Again, in August,2009 the complainant contacted with Mrs. Monalisa then she informed that she would call him back. But no call came from her side. Again, on 12/01/2010 complainant sent a written application to Lake Land Country Club, Howrah. Thereafter, on 22/01/2010 the complainant contacted with O.P.-2 then Mrs. Smitha informed him that the gift voucher cannot be available for Jodhpur. But she assured she would ask her senior officer for clarification. After that on 26/01/2010 complainant receipt a call from Lake Land Country Club that three passport photographs of the complainant and his wife would be needed. Accordingly, on the next day complainant sent the photos but did not receive any acknowledgement. Then on 17/02/2010 the complainant contacted with Mr. Souvik of O.P.-2. As per telephonic conversation with him complainant sent an e-mail on 18/02/2010. The complainant also filed this document of his e-mail sending to panchwati member at yahoo.com. which reveals that due to non receiving of membership card he had sent this e-mail. The complainant wanted to know what is the status of his membership card and why they were not entitled to go to Jodhpur as per gift voucher, serial no. is 2468 (valid till 22/03/2010), given by the O.P no.2. Thereafter complainant again sent another reminder for his grievances to the said e-mail address on 25/02/2010. The complainant did not receive any information from the part of the o.ps. by any means. Getting no other alternative the complainant had met the Assistant Director, Consumer Affairs and Fair Business Practices, Paschim Medinipur Regional Office, for his grievances. Though the Assistant Director of the C.A. and F.B.P., Paschim Medinipur Regional Office, sent a letter to O.P. no. 2 but no response come yet. After that the complainant sent a written complaint to O.P.-2 on 05/07/2010 but in vain. Then the complainant has filed this complaint before this Forum.
As the O.Ps. did not appear in this case it presumes that they have nothing to say. All documents were sent to them along with the complaint.
Therefore, considering the facts and circumstances of the case having due regard to the materials on record the Forum holds and concludes that the o.ps. no. 1 and 2 have committed deficiency in service by not giving proper service to the complainant and had not shown any valid reason for non delivery of membership card in due time and did not make any arrangement for Jodhpur Trip as committed by O.P. no. 1 written in the gift voucher. Moreover, the complainant contacted several times with the O.Ps. but they did not respond any time. According to Section 2(1)(g) of C.P. Act, 1986 which clearly defines the meaning of deficiency and Section 2(1)(o) of C.P. Act, 1986 which defines the meaning of Service, there is certainly deficiency in service on the part of o.p., Asha Packers & Movers. So the complainant is entitled to get appropriate order in terms of Section 14 of the C.P. Act, 1986.
Points under consideration are accordingly decided.
Therefore, the application succeeds.
Hence,
O R D E R E D
That the consumer complaint is allowed ex parte against o.ps. no. 1and 2 with cost assessed Rs. 500/-.
That the o.ps. is hereby directed to refund Rs. 15,000/-( which amount was paid by the complainant to the o.ps.) on account of deficiency in service and unfair trade practice.
That the complainant shall also get an award of compensation of Rs. 2,000/- against o.ps. no. 1 and 2 on account of causing harassment and mental agony.
That the o.ps. are jointly and severally liable to comply with the order and they are hereby directed to pay the aforesaid amount to the complainant within 30 days hereof in default the said amount shall bear further interest at 8 persent per annum from the date of order till the payment or recovery.
Let certified copies of the order be supplied to the parties, free of costs.
