Chandigarh

StateCommission

A/103/2020

Sangeeta - Complainant(s)

Versus

Mr. Mohamad Shahbaz Alam, Director Club Star Wood - Opp.Party(s)

In Person

26 Nov 2021

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

Appeal No.	:	103 of 2020
Date of Institution	:	15.07.2020
Date of Decision	:	26.11.2021

 

Sangeeta, House No.2315, Sector-38/C, Chandigarh.

…..Appellant/Complainant

V e r s u s

1. Mr. Mohamad Shahbaz Alam, Director, Club Star Wood, Office No.55 Lane No.2, West End Marg, Saket, New Delhi, 110068.
2. Mr. Morvin Massy, Director, Club Star Wood, First Floor, B-1, Ext. Phase E-22 MCIE South Delhi 110044
3. Mr. Anand O/o Club Star Wood, First Floor, B-1, Ext. Phase E-22 MCIE South Delhi 110044
4. Mr. Alka, O/o Club Star Wood, First Floor, B-1, Ext. Phase E-22 MCIE South Delhi 110044
5. Mr. Sohil, O/o Club Star Wood, First Floor, B-1, Ext. Phase E-22 MCIE South Delhi 110044
6. Mr. Mohamad Shahbaz Alam, Director, Club Star Wood, First Floor, B-1, Ext. Phase E-22 MCIE South Delhi 110044

                …..Respondents/Opposite Parties

 

BEFORE:   JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT.

                 MRS. PADMA PANDEY, MEMBER

                 MR. RAJESH K. ARYA, MEMBER

 

Argued by:   None for the appellant.

                     Respondents already ex-parte vide order dated 05.10.2020.

 

PER PADMA PANDEY, MEMBER

              This appeal is directed against the order dated 05.03.2020 rendered by the District Consumer Disputes Redressal Forum-I, U.T., Chandigarh now District Commission-I (hereinafter to be called as the District Commission only), vide which, it accepted the complaint, filed by the complainant (now appellant) and directed the Opposite Parties (now respondents), as under:-

“[a] To refund the booking amount of Rs.95,000/- to the complainant.

[b]    To pay Rs.10,000/- as compensation to the complainant for deficiency in service, unfair trade practice and for causing harassment caused to her.

[c]     To also pay a sum of Rs.5,000/- to the complainant as litigation expenses.

 12.       The above said order shall be complied within 30 days of its receipt by Opposite Parties; thereafter, Opposite Parties shall be liable for an interest @12% per annum on the amounts mentioned in sub-para [a] & [b] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [c].”

2. The facts in brief, are that, the complainant opted for the services of Club Star Wood for national and international hotel bookings, for which the complainant deposited Rs.95,000/-. It was stated that the payment was done by SBI Credit Card, but when SBI refused to provide interest free installments Club Star Wood assured to refund interest and service tax. It was further stated that all the necessary documents were provided to the Opposite Parties but they failed to refund the interest and service tax. It was further stated that the Opposite Parties also assured jewelry coupon of Rs.21,000/-, flight tickets and stay at Goa for two persons free of cost, but they did not fulfill the same. It was further stated that the Opposite Parties also failed to honour their commitment to provide room in Shimla and to provide booking in Dubai. It was further stated that the complainant also tried to book hotels for the tour to Singapore, Malaysia but to no avail. It was further stated that on account of the unprofessional services of the Opposite Parties, the complainant sought refund of her money alongwith interest, but to no effect. It was further stated that the aforesaid acts of the Opposite Parties, amounted to deficiency, in rendering service, as also indulgence into unfair trade practice. When the grievance of the complainant, was not redressed, left with no alternative, a complaint, was filed.
3. Despite service, none put in appearance, on behalf of Opposite Parties, as a result whereof, it was proceeded against ex-parte, by the District Commission, on 01.01.2020.
4. The complainant led evidence, in support of his case.
5. After hearing the Counsel for the parties, and, on going through the evidence, and record of the case, the District Forum, accepted the complaint, in the manner, referred to, in the opening para of the instant order.
6. Feeling aggrieved, the instant appeal has been filed by the appellant/complainant, with a prayer to pay Rs.27,472.85/-, which she had paid for paying in installment to the Opposite Parties.
7.  None was present for the appellant and the respondents were already proceeded ex-parte vide this Commission’s order dated 05.10.2020.
8. After going through the record of the case, we are of the considered opinion  that, the appellant’s plea for payment of Rs.27,472.85/-, which she had paid for paying in installment to the Opposite Parties cannot be acceded to, since the learned District Commission had already partly allowed the complaint and the respondents have been directed to pay Rs.95,000/- to the complainant and pay Rs.10,000 as compensation and also pay Rs.5,000 towards litigation cost. Accordingly the said appeal is dismissed.
9. In view of the above discussion, it is held that the order passed by the District Commission, being based on the correct appreciation of evidence, and law, on the point, does not warrant the interference of this Commission.
10. This order also disposes of MA/472/2020 for condonation of delay of 85 days. Since the appeal stands dismissed, the said miscellaneous applications become infructuous.
11. For the reasons recorded above, the appeal, being devoid of merit, must fail, and the same is dismissed, with no order as to costs. The order of the District Commission is upheld.
12.  Certified copies of this order, be sent to the parties, free of charge.
13.  The file be consigned to Record Room, after completion

 

Pronounced.

26.11.2021

                                                                     Sd/-

[JUSTICE RAJ SHEKHAR ATTRI]

PRESIDENT

 

         

                   

                                                                          Sd/-

 [PADMA PANDEY]

MEMBER

 

 

 

                                                                        Sd/-

[RAJESH K. ARYA]

 MEMBER

Gp