Chandigarh

DF-I

CC/315/2020

Gurpreet Singh - Complainant(s)

Versus

Club Jiva, (Division of Holiday Kart Pvt. Ltd.) - Opp.Party(s)

Kulwinder Singh & Dilpreet Singh

27 Aug 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/315/2020
Date of Institution	:	25/08/2020
Date of Decision	:	27/08/2021

 

1. Gurpreet Singh s/o Jagjit Singh r/o House Number 3094/37D, Chandigarh.
2. Harjeet Kaur w/o Gurpreet Singh r/o House Number 3094/37D, Chandigarh.

… Complainants

V E R S U S

1. Club Jiva (Division of Holiday Kart Pvt. Ltd.), 65, Level 1, Dewan Centre, Jogeshwari West, Mumbai-400102 through its Director/Incharge/Manager/M.D. Proprietor.
2. Sandeep Jaysukhlal Mehta, Director 82 Level 1, Dewan Center S.V. Road, Jogeshwari, West Mumbai, Mumbai City, MH 400102.
3. Lavlesh Lala Ram, Director 82 Level 1, Dewan Center S.V. Road, Jogeshwari, West Mumbai, Mumbai City, MH 400102.

… Opposite Parties

CORAM :	SHRI RAJAN DEWAN	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

                                                

ARGUED BY	:	Sh. Dilpreet Singh, Counsel for complainants
	:	OPs ex-parte.

Per Rajan Dewan, President

1.      Allegations in brief are, on 26.1.2019 complainants went for a holiday with their family to Goa and while visiting the Candolim area the officials of the OPs approached them. They offered them 106 destinations for holiday package without any extra charge with the subscription and told them that they have a very good service and support. The complainants were allured and made to pay ₹65,000/- for a 10 year alternate holiday plan. However, subsequently when the complainants checked the updated destination list from the website of the OPs, it transpired that OPs had only 6 properties of their own, 30 in collaboration which were free of charge and for rest of 70 properties there were utility charges. The complainants immediately called representative of OPs and also sent email on 28.1.2019 for cancellation and refund, but, to no avail. The complainants also gave complaint to the police authorities on 30.1.2019. As per the complainants, they had not used any services of the membership and as per terms and conditions of the OPs, there was 7 days free look up period, but, still the OPs did not provide any resolution and refused refund.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, the complainants have filed the instant consumer complaint.
2.     Registered notices sent to the OPs were returned with the report ‘unclaimed’ which tantamount to refusal.  Since none appeared on behalf of the OPs, therefore, vide order dated 3.12.2020 of this Commission, they were proceeded against ex-parte.
3.     Complainants led evidence by way of affidavit and documents.
4.     We have heard the learned counsel for the complainants and gone through the record of the case.
5.     The complainants in support of their averments in the consumer complaint, have placed on record various documents. Annexure C-2 is a copy of the agreement dated 27.1.2019 of the membership executed between the complainants and OP/Club Jiva.  Annexure C-3 is a copy of receipt dated 27.1.2019 whereby the OPs acknowledged the receipt of ₹65,000/- from the complainants. Annexure C-4 is a copy of the complaint dated 30.1.2019 lodged by the complainants with the police authorities at Goa.  Annexure C-5 is a copy of the return policy obtained by the complainants from the internet.  Annexure C-6 is a copy of the legal notice dated 15.3.2019 sent by the complainants through counsel to the directors of OP calling upon them to refund the amount of ₹65,000/-. 
6.     The stand of the complainants is that they were allured by the OP/Club Jiva and its officials to purchase their membership worth ₹65,000/- whereby they offered 106 destinations for holiday package without any extra charge with the offered subscription. However, later on when the complainants checked the website they found that OPs had only 6 properties of their own, 30 in collaboration and for 70 properties there were utility charges. The complainants immediately contacted the representative of the OPs namely Vijay and Kalpana and also sent email on 28.1.2019 with the request to refund.  However, instead of resolving the grievance of the complainants, OPs went into their slumber.
7.     In order to rebut the allegations of the complainants, it was necessary for the OPs to file their written reply alongwith some cogent evidence.  However, what to talk of rebutting the allegations, OPs did not put in appearance before this Commission and chose to be proceeded against ex-parte. This act of the OPs draws an adverse inference against them and proves that they have nothing to say in their defence qua the allegations made by the complainants. Hence, in the absence of anything to the contrary, the allegations of the complainants go unrebutted and uncontroverted.
8.     The membership was obtained by the complainants on 26.1.2019 and just within a few days they had contacted the OPs/their officials with the request to refund as they felt duped. The complainants had not used any services of the OPs. Therefore, we are of the view that the inaction of the OPs in sitting over the matter and not refunding the amount of ₹65,000/- to the complainants amounts to deficiency in service.
9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to cancel the membership of the complainants and refund the total amount of ₹65,000/- alongwith interest @9% per annum w.e.f the date of lodging the grievance i.e. 28.1.2019 till realization.
2. to pay an amount of ₹7,000/- to the complainants as compensation for causing mental agony and harassment to them;
3. to pay ₹5,000/- to the complainants as costs of litigation.

10.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
11.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
27/08/2021	[Surjeet Kaur]	[Rajan Dewan]
hg	Member	President