DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS ,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. _45_ OF ___2013_
DATE OF FILING : 01.02.2013 DATE OF PASSING JUDGEMENT:28/04/2017
Present : President : Udayan Mukhopadhyay
Member(s) : Jhunu Prasad & Subrata Sarker
COMPLAINANT : Arpita Chopra,s/o Jeetmal Chopra of 29/B, Ballygunge Circular Road, Santosh Estate, Flat no.4-C, P.S. Ballygunge, Calcutta – 19.
-VERSUS -
O.P/O.Ps : 1. Affordable Sales Promotions Pvt. Limited, Mail Shop #1023, Skyloft Business Suites, 1st Floor, Advant Navi Business Park #7, Sector-142, Expressway, Noida-201301.
2. Today Retail Network Private Limited, B-47, Indira Enclave Neb Sarai, New Delhi – 110 068.
3. “Bagittoday.co.”An online portal of India Today, F-14/15, Connaught Place, New Delhi-110 001.
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J U D G E M E N T
Jhunu Prasad, Lady Member
The door of this Forum has been knocked by the complainant, for redressal arising out of the consumer dispute as per the Consumer Protection Act, 1986.
In epitome, the case stated in the complaint, is that, the complainant while surfing the internet and searched the website of “bagitooday”.com and found that there is a display regarding offer for becoming a member of the website on purchasing a coupon from it, then customer would be entitled to get a holiday package of 7 nights and 8 days all over the world in any of the associated resorts of the company.
Thereafter the complainant purchased one coupon by paying Rs. 7,400/- from his credit card issued by the O.P No.4 in the name of the OP.No.1.
After obtaining the said coupon the complainant wanted to avail holiday package at Vedic village, Kolkata or Fort holiday club, Raichock as well as sent email to both the resorts and both the resorts informed the complainant that they don’t have any affiliation with the O.Ps.
Thereafter the complainant immediately tired to contact with the O.Ps over telephone, but O.Ps did not make any response.
Hence, the complainant filed this instant complaint for getting relief.
Issued notices upon the O.Ps, but the O.Ps did not turn up to controvert the case and, therefore, the entire allegation made by the complainant remain unchallenged though the O.Ps got enough opportunity to contest the case by filing written version. Therefore, the case is heard exparte against the O.Ps.
POINTS FOR DECISION:-
1) Is there any deficiency of service on the part of the OP.
2) Whether the complainant is entitled to get any relief as prayed for?
DECISION WITH REASONS:-
At the time of argument the complainant filed BNA and some Xerox copies of documents and prayed the complaint petition be treated as affidavit – in - chief to support of his claim.
All the points are taken up together for the consideration for the sake of convenience and brevity.
We have carefully considered the submissions made before us by the Ld. Advocate of the complainant and perused all the material documents on record, it is evident that the complainant was inspired by OP.NO.3 i.e. “Bagitoody”.com from their website and purchased one coupon on payment of Rs. 7,400/- with hope that he can avail holiday package at their affiliated resorts all over India. The complainant chooses two resorts the Fort holiday club, Raichock or Vedic village Kolkata accordingly the complainant approached both the resorts by email dated 05.01.2012, but both the holiday resorts i.e. Fort holiday club, Raichock and Vedic village, Kolkata where they informed through their reply by email to the complainant that there is no affiliation with any portal or any tie up with this company, which tantamount to unfair trade practice by way of misleading advertisement on the part of the O.Ps u/s 2(1)(r) of C.P. Act 1986. Therefore O.Ps are liable to refund the money of Rs. 7,400/- to the complainant .
Moreover all allegations made by the complainants are unchallenged, though the O.Ps got enough opportunity to contest and to refute by appearing before the Forum. Therefore, there is no reason to disbelieve the unchallenged testimony of the complaint.
So, we have no hesitation to hold that the complainant is entitled to get relief as prayed for and consequently the points for consideration are decided affirmative.
Hence,
It is,
ORDERED
That the complaint be and the same is allowed exparte against the OPs. with cost.
That the OPs. are jointly and severally directed to refund the money of Rs. 7,400/- to the complainant within one month from the date of this order.
That the OPs. are also jointly and severally directed to pay Rs.5,000/- as compensation and Rs. 2,000/- as litigation cost to the complainant within one month from the date of this order.
In the event of noncompliance of the order by the O.Ps within a period of one month from the date of this order the OPs shall have to pay interest @9% p.a against the aforesaid amount till its realization as punitive damages which shall be deposited by the O.Ps in the Consumer Legal Aid Fund.
Let a plain copy of this order be supplied to the parties free of cost.
Member Member President
Dictated and corrected by me
Member
The Judgment in separate sheet is ready and is delivered in open Forum, as it is :
That the complaint be and the same is allowed exparte against the OPs. with cost.
That the OPs. are jointly and severally directed to refund the money of Rs. 7,400/- to the complainant within one month from the date of this order.
That the OPs. are also jointly and severally directed to pay Rs.5,000/- as compensation and Rs. 2,000/- as litigation cost to the complainant within one month from the date of this order.
In the event of noncompliance of the order by the O.Ps within a period of one month from the date of this order the OPs shall have to pay interest @9% p.a against the aforesaid amount till its realization as punitive damages which shall be deposited by the O.Ps in the Consumer Legal Aid Fund.
Let a plain copy of this order be supplied to the parties free of cost.
Member Member President
