Chandigarh

DF-I

CC/94/2022

Jaswinder Singh Pahwa - Complainant(s)

Versus

Club Destinasia Pvt. Ltd. - Opp.Party(s)

Ravi Kant

03 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/94/2022
Date of Institution	:	18/01/2022
Date of Decision	:	03/07/2023

Jaswinder Singh Pahwa aged 52 years son of Sh. Daljit Singh Pahwa, resident of Flat No.3218, Pink Rose Society, Sector  49-D, Chandigarh.

… Complainant

V E R S U S

Club Destinasia Pvt. Ltd. registered office : #1432-1433, 14^th Floor, Block D & E, Chandigarh City Centre, Zirakpur – 140604.

2^nd address :

Club Destinasia Pvt. Ltd. through its Director, Global Business Park, 222, Second Floor, Zirakpur, Punjab 140604.

… Opposite Party

 

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                               

ARGUED BY	:	Sh. Durga Dutt Sharma, Counsel for complainant
	:	OP ex-parte

 

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by Jaswinder Singh Pahwa, complainant against the aforesaid opposite party (hereinafter referred to as the OP).  The brief facts of the case are as under :-

1. It transpires from the allegations as projected in the consumer complaint that the OP is a Limited Company and is dealing in the business of providing holiday packages to its customers under the name and style of Club Destinasia having its registered office at Zirakpur and operating its business all over India.  On 15.2.2020, the complainant had taken the holiday package from the OP through membership application (Annexure C-1), by paying membership fee of ₹90,000/- through his SBI credit card. As per the terms and conditions of the OP, request for cancellation/termination was required to be made by the member/applicant within a period of 10 days. The said request was made by the complainant for the cancelation of membership within the stipulated period through email by seeking refund from the OP as per terms & conditions (Annexure C-2). After receiving request from the complainant, OP had assured that the refund will be made to him shortly.  Despite of several requests through whatsapp chats and email (Annexure C-3 Colly.), OP did not refund the said amount. The aforesaid act of the OP amounts to deficiency in service and unfair trade practice on its part. OP was requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OP did not turn up before this Commission, despite proper service, hence, it was proceeded against ex-parte vide order dated 3.3.2023.

2. In order to prove his case, complainant has tendered/ proved evidence by way of affidavit and supporting documents.
3. We have heard the learned counsel for the complainant and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the complainant that he had purchased the membership of the OP club by paying an amount of ₹90,000/- on 15.2.2020 and as per the terms and conditions of the agreement, complainant had also applied for cancellation/termination of the membership within 10 days i.e. stipulated period, and sought refund of the aforesaid amount, which the OP had assured to the complainant, but has not refunded the same, till date, the case is reduced to a narrow compass as it is to be determined if the aforesaid act of the OP amounts to deficiency in service and unfair trade practice and the complainant is entitled for the reliefs prayed for in the consumer complaint, as is the case of the complainant.
   2. Annexure C-1 is copy of the application form for Club Destinasia ownership plan which clearly indicates that an amount of ₹90,000/- has been paid by the complainant through card to the OP and the same was duly signed by the complainant as well as the authorised person of the OP on 15.2.2020.  Annexure C-3 colly are the copies of the chats between the complainant and the authorised person of the OP, namely Mehak, which clearly indicate that complainant had approached the OP for cancellation/ termination of membership first time on 18.2.2020 and thereafter sought refund of the membership fee on 24.2.2020. It is also evident from Annexure C-3 that OP had assured the complainant on 28.5.2020, 23.12.2020 and 14.4.2021 that the aforesaid refund will be made positively to the complainant.
   3. It is further evident from the terms and conditions (Annexure C-2) that vide clause 6.1, member was allowed to seek termination/cancellation of the plan membership within 10 days from the date of signing the membership application form or realization of the down payment. The relevant clause is reproduced below for ready reference :-

“6. TERMINATION

6.1. In the event of in Termination/cancellation of PLAN MEMBERSHIP, the following shall apply. 6.1.1.Rescission Period Termination/ cancellation: Withdrawal of application from Membership Plan of shall be permitted within the Rescission Period which is 10 days from the date of signing the Membership Application Form or realization of the down payment, whichever is earlier, provided such request for withdrawal is made in writing and signed (in case of joint application by all the Applicant) and reaches Company within aforesaid period of 10 days. In the event of such withdrawal. Company shall refund the entire amount received from the member towards the membership Fees within 45 days from the receipt of request for withdrawal. In the case of joint applications, refund shall be made to the first applicant only. Refund shall be without any interest. Company shall be entitled to deduct administrative charges at the rate of 5%. taxes and bank transaction charges, if any. In the event of withdrawal of the application by an applicant beyond 10 days from the date of enrolment, the applicant shall not be eligible for any refund.”

4. Thus, it is clear from the termination clause that the member of OP Club was allowed to seek termination/ cancellation of plan membership and refund of the application fee within 10 days from the date of signing the membership application form or realization of the down payment, subject to deduction of administrative charges @ 5% taxes and bank transaction charges, if any.
5. In the case in hand, as it stands proved on record by the entire evidence led by the complainant, which is unrebutted by the OP, that the complainant had taken the holiday package from the OP by paying membership fee of ₹90,000/- on 15.2.2020 and had cancelled/terminated the plan membership of the OP within 10 days from the date of signing of the application form/payment made by the complainant to the OP, as is also evident from the transcript of the whatsapp chat (Annexure C-3) indicating that the complainant had started making request for the same on 18.2.2020 onwards and the OP had assured the complainant that the said refund has been processed and will be made to him shortly and further it has come on record that the said refund has not been made by the OP after deduction of administrative charges of 5%, the aforesaid act amounts to deficiency in service and unfair trade practice on the part of OP. Hence, the present consumer complaint deserves to succeed and the OP is liable to refund the amount of ₹85,500/- (after deduction of 5% out of ₹90,000/-) alongwith interest and compensation etc. for the harassment caused to the complainant.

4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OP is directed as under :-

1. to refund the amount of ₹85,500/- to the complainant alongwith interest @ 9% per annum w.e.f. 1.3.2020 till realization of the same.
2. to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹10,000/- to the complainant as costs of litigation.

5. This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it 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.
6. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 03/07/2023 hg			Sd/- [Pawanjit Singh] President
			Sd/- [Suresh Kumar Sardana] Member