Chandigarh

DF-II

CC/586/2022

USHA LAMBA - Complainant(s)

Versus

CLUB PRIDEEO VENTURE OF MEDIKRITI TOURS INDIA PRIVATE LIMITED - Opp.Party(s)

DEVINDER KUMAR ADVOCATE

16 Nov 2023

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	586/2022
Date of Institution	:	02.08.2022
Date of Decision	:	16.11.2023

 

                     

                         

1.  Usha Lamba w/o Sh.B.S.Narula, aged about 69     years.

 

2.  B.S.Narula s/o Sh.M.C.Narula, aged about 74     years.

Both residents of House No.2244, Ground Floor, Sector 22-C, Chandigarh

    ...  Complainants

 

Versus

M/s Club Prideeo (Venture of Medikriti Tours India Pvt. Ltd.) Regd. Office:- Plot No.3, 3^rd Floor, Guru Nanak Market, Lajpat Nagar IV, New Delhi-110225. email:info@clubprideeo.com, reservation@ clubprideeo.com

…. Opposite Party

BEFORE: 

 

SHRI.AMRINDER SINGH SIDHU, PRESIDENT

SHRI B.M.SHARMA, MEMBER

 

Present:-

 

         Sh.Devinder Kumar, Counsel for Complainant.

         OP exparte.

 

PER AMRINDER SINGH SIDHU, PRESIDING MEMBER

1.     The complainants have filed the present complaint under Section 35 of the Consumer Protection Act, 2019 pleading therein that representatives of the OP allured to them to take membership of the club worth Rs.86,000/- by offering many facilities i.e. 6 Nights 7 Days holiday stay at various places in seven star resorts, foods etc. Being allured by the representations/promises of the OP, the complainant took the membership by paying Rs.86,000/- through credit card. However, the welcome kit as promised by the OP has not been issued to the complainants despite their request sent through e-mail dated 18.11.2021 (Annexure C-2) except letter dated Nil(Annexure C-3). Subsequently, the complainants sent email dated 11.06.2022 for booking the accommodation and in response to which, the OP sent email dated 15.06.2022 (Annexure C-4) stating that “the exchange fee in international country 220$ will paid along with AMC (8500+18% GST) and it will be available to avail your membership nights). Being aggrieved with the said e-mail, the complainant sent email dated 15.06.2022 (Annexure C-6) to the OP requesting them to cancel the membership and to refund the deposited amount.  The OP vide e-mail dated 04.07.2022 replied that they are working as per the agreement and there were no hidden charges. Subsequently vide email dated 05.07.2022 and 13.07.2022 (Annexures C-8 and C-9), the OP refused to refund the amount.  Alleging that the aforesaid acts of omission and commission on the part of the OP amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint against the OP seeking directions to the OP  to refund the deposited amount along with interest, compensation for mental agony and physical harassment as well as litigation expenses.
2.     Notice sent for the service of the Opposite Party was received back with the remarks “refusal”. Since refusal was a valid service, and none appeared on behalf of the Opposite Party on the date fixed, therefore vide order dated 18.11.2023, it was proceeded against exparte. 
3.     We have heard the ld. Counsel for the complainants and gone through the record. 
4.     The complainants have tendered the affidavit alongwith the supporting documents in support of the case. From the documents placed on record, it is established that the complainants took the membership of the OP-Club by paying Rs.86,000/- through credit card. It is also evident that when the OP failed to render the promised services, the complainants requested the OP to refund the deposited amount but the OP did not consider the said request(s).  In our considered view, the OP who failed to provide services to the complainants has no right to retain the hard earned money of the members, under the garb of the terms and conditions of the agreement, which are one-sided. Moreover, the OP did not appear to contest the case and preferred to proceed against ex-parte. Non-appearance of the OP shows that they have nothing to say in their defence against the allegations made by the complainants. Therefore, the assertions of the complainant go unrebutted & un-controverted.
5.     In view of the above discussion, the present complaint deserves to be partly allowed and the same is accordingly partly allowed. The OP is directed to refund the deposited amount of Rs.86,000/- to the complainants along with interest @ 9% p.a. from the date of its receipt i.e. 17.10.2021 till the date of its actual realization.
6.     This order be complied with by the OP within 90 days from the date of receipt of its certified copy.
7.     The pending application(s) if any, stands disposed of accordingly.
8.     Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission 16/11/2023
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (B.M.SHARMA) MEMBER