Delhi

New Delhi

CC/264/2008

Nisha Jain & Anr. - Complainant(s)

Versus

M/S. Mukut Hotels & Resorts Pvt.Ltd. - Opp.Party(s)

26 Jun 2018

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTRICT NEW DELHI,  M-BLOCK, 1^ST FLOOR,

VIKAS BHAWAN, I.P. ESTATE. NEW DELHI-1100001.

 

C.C.No.893/2014

 

1. Mrs. Nisha Jain,

          W/o Sh. Ravinder Kr. Jain.

 

2. Mr. Ravinder Kr. Jain,

          S/o Late Sh. Chunni Lal Jain,

          Both R/oE-101(A), Chanakya Place,

          Part-I, Panka Road, New Delhi-59.

             

Vs.

 

          M/s Mukut Hotels & Resorts Pvt. Ltd.

          Through its Director/ Managing Director/CEO

          Regd. Off. At 402, Nirmal Tower, 26,

           Barakhama Road, Connaught Place,

           New Delhi-01.

 

 

NIPUR CHANDNA, MEMBER

 

O R D E R

 

 

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that in the month of April, 2006, OP approached the complainants and offered scheme related to membership for availability of accommodation within its tie-up Hotels but at that time, complainants were refused the membership by OP but in the 1^st week of May 2006, OP again offered its membership with 50 % discount and stated  that after payment of Rs.5000/- as membership charges, member shall avail facilities of Rs.25,000/- and five times extra benefits.  It is alleged that the complainants and authorized signatory of OP mutually agreed  and OP took initial payment of membership and taken signature on some blank papers as well as purchase agreement and other documents without showing the contents of agreement. The OP did not provide the copy of agreement and assured to the complainants that within 30 days it would provide copy of agreement and after receiving full and final installment, OP will provide travelling tickets and Hotel reservation card.  It is alleged by the complainants that  they deposited the cash of Rs.5000/- and receipt of same was also provided to them along with lists of Hotels at different destination by the OP.  It is alleged by the complainant that he also deposited Rs.1,000/- in installments but OP did not issue any receipt against installment payment and stated that in book of accounts of OP Co., installments were mentioned.  It is further alleged that after receiving full and final installment, OP would issue a letter in respect of booking of hotels. It is submitted  that after receiving all EMI, OP issued a letter dated 6.3.2007 regarding booking confirmation at Manali, Hotel Sitara International and after receiving this letter family members of complainants started packing the luggage. On 21.3.2007, complainant visited the OP office for confirmation letter and taking travelling tickets  but OP refused to give the same  and told that booking of the complainant was cancelled  and after some time OP company would inform through confirmation letter about the same. It is further alleged that complainants approached the OP several times for availing facilities for Shimla Trip but it refused to do so.   It is further alleged that  after taking full and final payment, OP neither provided any scheme nor refunded the amount deposited by the complainant., hence this complaint.

2.     Consequent upon the receipt of complaint notice was issued  to the OP.  Counsel for OP appeared and filed its written statement. Despite several opportunities, OP fail to place on record its evidence by way of affidavit.  Since none appeared on behalf of OP nor any evidence filed,  it was proceeded ex-parte vide order dated 30.6.2009.

3.     Complainant has filed his evidence by way of affidavit.  Complainant has also filed copy of Incorporation Certificate, Receipt of payment dated 11.5.2006 and List of Hotels in support of his case.

4.     We have heard arguments advanced at the Bar and have perused the record.

5.     From the un-rebutted testimony of the complainant and the documents placed on record, we are convinced that the case put forth by the complainant.

6.     The complainant has prayed for the refund of the deposited amount of Rs.19,000/- along with interest  24% p.a. from the date of purchase till its realization.  Perusal of the receipt dated 11.5.2006 shows that the complainant has deposited a sum of Rs.9,000/- with the OP.  Complainant has failed to record any document which shows he had paid a Rs.19,000/- to the OP.  Hence, we are of the view that the complainant had partly succeeded in establishing the case of deficiency in services against the OP.

7.     In view of the above facts, we are inclined to hold that the complainant has deposited the sum of Rs.9000/- with the OP and the OP had neither provided any services against the receipt of a sum of Rs.9,000/- nor has refunded the same to the complainant.   

8.     We therefore hold, OP liable for deficiency in services and direct as under:

1. Pay to the complainants sum of Rs.9,000/- along with 9% interest from the date of filing of complaint i.e. 29.02.2008 till payment.

 

2. Pay to the complainants sum of Rs.2,500/- toward compensation for pain and  mental agony suffered by them which will include the cost of litigation

 

The order shall be complied with within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 10% per annum from the date of this order till recovery of the said amount. This final order be sent to server (www.confonet.nic.in ). File be consigned to R.R.

 

 A copy of this order each be sent to both parties free of cost by post.

 

Announced in open Forum on __________. 

 

The orders be uploaded on www.confonet.nic.in.

 

 

(ARUN KUMAR ARYA)

        PRESIDENT

 

(NIPUR CHANDNA)                                                  (H M VYAS)

       MEMBER                                                                MEMBER