Haryana

StateCommission

A/231/2016

JUKASO RESORTS PVT.LTD. - Complainant(s)

Versus

VIPIN ARORA - Opp.Party(s)

VINAY MISHRA

16 Aug 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :     231 of 2016

Date of Institution:     16.03.2016

Date of Decision :      16.08.2016

 

M/s Jukaso Resorts Private Limited, through its Managing Director, Plot No.1, IDC Mehrauli Road, Gurgaon-122001.

Also at:

50, Sunder Nagari, New Delhi-110003.

                                      Appellant-Opposite Party

Versus

 

Shri Vipin Arora, Resident of Flat No.801, Tower-3, Sushant Estate, Sector-52, Gurgaon-122002.

                                      Respondent-Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member   

 

Present:               Shri Vinay Mishra, Advocate for appellant.

                             Shri Munish Goel, Advocate for respondent.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

          M/s Jukaso Resorts Private Limited (for short ‘Jukaso Resorts’)-Opposite Party, is in appeal against the order dated January 5^th, 2016 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘the District Forum’), whereby complaint filed by Vipin Arora-complainant (respondent herein), was accepted. The operative part of the order is reproduced as under:-

“…we direct the opposite parties to refund Rs.1,74,100/- to the complainant with interest @ 9% p.a. from the date of filing of the present complaint i.e. 20.03.2015 till realization. The complainant is also entitled to compensation for harassment and litigation expenses to the tune of Rs.5,000/-. The opposite parties shall make the compliance of the order within 30 days from the date of receipt of the copy of this order.”    

2.                The brief facts of the present case are that the respondent-complainant, took membership of Jukaso Resorts-opposite party for 25 years, vide Membership Card No.W0100778, was issued to him. The complainant paid Rs.1,74,100/- through HDFC Card dated 24.12.2013. The following facilities were to be provided to the complainant:

                   1)      25 years complementary membership of DAE

                   2)      10 years free breakfast at Jukaso

                   3)      One-week(s) International Holiday through DAE

                   4)      5-Nights Holidays in JRPL

                   5)      5-Resort Food Vouchers worth Rs.1000/-.

                   6)      Cash back facility

3.                The complainant received the welcome kit of the membership card from the opposite party after many follow-up of three months, that is, on 05.04.2014 whereas as per assurance given by the opposite party it was to be given within 45 days. He did not receive the Dial An Exchange (DAE) kit. Accordingly, the complainant approached the opposite party to cancel the membership and to refund the amount paid by him but to no avail. Hence, complaint under Section 12 of the Consumer Protection Act, 1986 was filed.

4.                Learned counsel for the appellant has urged that the appellant was proceeded ex parte before the District Forum and therefore an opportunity be given to file written version and contest the complaint.  

5.                Since the evidence produced by the complainant remained un-rebutted as the appellant-opposite party could not contest the complaint on merits, it would be in the interest of justice to give an opportunity to the appellant to contest the complaint on merits. Accordingly, appeal is accepted, the impugned order is set aside subject to the cost of Rs.10,000/- which shall be paid by the appellant to the complainant before the District Forum. The appellant is accorded opportunity to join the proceedings and parties shall be entitled to lead evidence.  The case is remitted to the District Forum, Gurgaon with the direction to decide the complaint afresh expeditiously.

6.                Copy of this order be sent to the District Forum.

7.                The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 16.08.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL