Chandigarh

DF-II

CC/633/2015

Dr. Yuvraj Singh Khullar - Complainant(s)

Versus

The Managing Director, Jukaso Resorts Pvt. Ltd., - Opp.Party(s)

Kavita Sharma Adv.

20 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	633 of 2015
Date  of  Institution	:	03.11.2015
Date   of   Decision	:	20.01.2016

 

 

 

 

 

1]  Dr.Yuvraj Singh Khullar son of Sh.Des Raj Khullar, resident of 466, Sector 35, Chandigarh.

 

2]  Mrs.Anita Khullar wife of Dr.Yuvraj Singh Khullar, resident of 466, Sector 35, Chandigarh.

 

             …..Complainants

Versus

 

1]  The Managing Director, Jukaso Resorts Pvt. Ltd., I.T. Composite Towers, Plot No.1, I.D.C.Mehrauli Road, Gurgaon 122001.

 

2]  The Manager, Jukaso Resorts Pvt. Ltd., Branch Office, SCO No.6 & 7, Sector 8-D, Chandigarh.

 

….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         SH.JASWINDER SINGH SIDHU       MEMBER

                    MRS.PRITI MALHOTRA             MEMBER

 

 

For complainant(s)      :     Ms.Kavita Sharma, Advocate

 

 

For Opposite Party(s)   :     Sh.Tek Chand, Assistant Legal, Office     of Opposite Parties (OPs exparte).

 

 

 

PER JASWINDER SINGH SIDHU, MEMBER

 

 

          As per the case, the complainants, in response to the call made by the OPs, visited their office, where their representative introduced them with their plan of getting membership of Jukaso Resorts.  It is averred that as per plan, the total cost of it was Rs.1,25,000/- and one can become member after making the down payment of Rs.18,750/- and rest of the amount has to be paid in equal installments of Rs.8854/-. That the representative of OPs assured the complainants that even after paying the down payment, they will be entitled for a trip of 4 Nights & 5 Days at Andaman Nikobar in 5 star accommodation for 7 adults under Dea Complementary One Week Scheme.  As such, the complainants became the member of said Jukaso Resorts Pvt. Ltd. and paid Rs.18,750/- on 9.12.2014 through cheque (Annexure C-1).  It is asserted that after making the down payment, the complainant requested for confirmation of booking in the first week of April, but the representative of the OPs started making lame excuses and told them to pay minimum 25% of the total membership fee to make themselves able to get any accommodation.  The complainants took the matter with the OPs but to no avail, thus, the complainants sent e-mail on 3.2.2015 to the OPs for refund of the amount (Ann.C-2).  It is pleaded that the complainants did not receive any membership confirmation/card/kit and further they have not refunded the amount of Rs.18,750/- even after request.  A legal notice was also sent to the Opposite Parties on 27.2.2015, but to no effect.  Hence, this complaint has been filed alleging the said act of the OPs as deficiency in service.

 

2]       The Opposite Parties NO.1 though being duly served through registered post-dated 09.11.2015, failed to put in appearance on 14.12.2015, thus raising presumption under Sub-clause (2) of Regulation 10 of The Consumer Protection Regulations, 2005, they were proceeded exparte vide order dated 14.12.2015.

         Opposite Party No.2 did not turn up despite issuance of notice, which was received back with remarks “refusal”, hence it was proceeded as exparte vide order dated 14.12.2015.

 

3]       Complainants led evidence in support of her contentions.

 

4]       We have heard the ld.Counsel for the complainanst, representative of OPs i.e. Sh.Tek Chand, Assistant Legal, (though OPs were already proceeded exparte) and have also perused the record.

5]       The complainants and their family were promised Four Nights & Five Days stay at Andaman Nikobar Island in a Five Star Hotel under a complementary scheme, which was subscribed by the complainants by making payment of Rs.18,750/- vide cheque favouring the Opposite Parties, a proof of such payment is found annexed as   Ann.C-1, which is the copy of passbook of the bank of the complainant.  As per the complainants disclosure, the entire package subscribed for, was to the tune of Rs.1,25,000/- and the complainants were required to pay the remaining amount in the shape of installments of Rs.8854/- till the complete amount was repaid. The complainants were entitled to enjoy the chosen tour immediately after the payment of first installment and therefore, the complainants were qualified for the tour of Andaman Nikobar opted by him and his family. 

6]       The complainants on finding that the OPs were not cooperative in confirming their tour programme and also that while dilly-dallying the matter, even demanded 25% of the entire subscription amount, which was not as per their promise, explained by the Executive of the Company when the complainants were cajoled, coxed and sweet talk into subscribing for their proposed scheme, which certainly amounts to unfair trade practice on the part of the Opposite Parties.

7]       The complainants genuinely raised his grouse by writing an e-mail dated 3.2.2015 and on not receiving any favourable response, even served a legal notice through their counsel on 27.2.2015, which too was not replied.  A copy of e-mail is placed on record as Ann.C-2 being system’s generated document, needs no other evidence, whereas the serving of the legal notice has been conclusively proved by the copy of courier receipt annexed as Ann.C-4.  Therefore, the complainants had certainly raised their genuine grievance with the Opposite Parties, which remained unaddressed by the Opposite Parties, giving rise to the present consumer dispute.  No action on the part of the Opposite Parties tantamounts to unfair trade practice on their part and even not showing any inclination of refunding the amount of Rs.18,750/- and maintaining a stony silence on this issue, amounts to deficiency in service on their part, for which the present complaint deserves to succeed on this ground.

 

8]       In the light of above observations, we are of the concerted view that the Opposite Parties are found deficient in rendering proper service to the complainants as well as indulged into unfair trade practice. Hence, the present complaint of the Complainants is allowed against the Opposite Parties. The Opposite parties are jointly & severally is directed as under:-

 

[a] To refund an amount of Rs.18,750/- along with interest @9% p.a. from the date of its receipt till its payment;

 

[b] To pay an amount of Rs.10,000/- to the complainants as consolidated amount of compensation for causing mental agony and harassment on account of deficiency in service;

 

[c] To pay litigation expenses to the tune of Rs.7,000/-

 

         The above said order shall be complied within 45 days of its receipt by the Opposite Parties; thereafter, they shall be liable to pay an interest @18% per annum, on the amount mentioned in sub-para [a] above from the date of its receipt till payment and also on the amount as mentioned in sub-para [b] above from the date of filing this complaint till it is paid, apart from paying litigation expenses.

 

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

 

Announced

20^th January, 2016                                                                 Sd/-

                                                                       

 (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

Om                                                                                                                       

 

 

DISTRICT FORUM – II

CONSUMER COMPLAINT NO.633 OF 2015

PRESENT:   None   Dated the 20th day of January, 2016

O R D E R                        Vide our detailed order of even date, recorded separately, the complaint has been allowed against Opposite Parties.                    After compliance, file be consigned to record room.

 

(Priti Malhotra)	(Rajan Dewan)	(Jaswinder Singh Sidhu)
Member	President	Member