DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088
CC No: 591/2014
D.No.____________________ Dated: ______________________
IN THE MATTER OF:
SANJAY SAXENA S/o SH. K.C. SAXENA,
R/o F-1503, PEARL COURT,
RAMPRASTHA GREEN,
VAISHALI, GHAZIABAD-201010. … COMPLAINANT
Versus
M/s CLUB MAHINDRA HOLIDAYS,
(THROUGH ITS DIRECTOR/PRINCIPAL OFFICER),
NETAJI SUBHASH PLACE,
PITAM PURA, NEW DELHI-110034.… OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
MS. USHA KHANNA, MEMBER
Date of Institution: 12.05.2014
Date of decision:12.03.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that in the month of October-2013, OP’s representative contacted the complainant at his premises and he introduced OP as a leading holiday providers throughout India as well as abroad being one of the branch of Mahindra Holidays & Resort India Ltd.
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and a chart was also shown comparing OP’s charges with other leading holidays providers etc. and OP’s charges seemed to be very lucrative and the facilities shown by OP seemed to be much better than the other holiday service providers and believing the version of OP’s representative, the complainant with his wife as co-member agreed to become the member of Club Mahindra. The complainant further alleged that OP’s representative told the total membership charges of Rs.4,99,000/- and at the time of becoming the said membership, the complainant had paid the down payment of Rs.39,400/- to OP and the rest of the amount was to be paid in 48 EMIs through ECS of Rs.12,728/- each and besides the said amount, the complainant was also asked to pay Rs.11,600/- towards ASF charges and the complainant was allotted the membership no.2528523 and at the time of becoming the complainant as OP’s member, OP’s representative also took all the relevant papers from the complainant including one cheque. Thereafter, due to some personal problems, the complainant vide his letter requested OP to cancel the said membership and return his amount and the complainant also surrendered his said membership papers with the said letter dated 09.11.2013 and returned all the original papers to OP and when nothing was heard from OP’s side, the complainant also wrote another letter dated
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03.12.2013 to OP again requesting OP for refund of his amount paid to OP as well as also return all the papers taken by OP from the complainant at the time when the complainant took the membership of OP. The complainant further alleged that the complainant was shocked and surprised when OP instead of doing the needful and returning back the papers and amount of the complainant and further deducted the sum of Rs.12,728/- through ECS on 07.12.2013 despite the fact that the complainant had already surrendered his membership with due prior intimation to OP on 09.11.2013 and the complainant feeling apprehensive with OP such act, had no other option but to get the stop payment of EMI by OP in future from his account and requested OP to refund the amount already received by OP from the complainant to the tune of Rs.52,128/-. The complainant further alleged that OP has been illegally withholding the said amount of Rs.52,128/- and failed to return back the said amount and his other papers submitted with OP and OP is liable to refund the entire sum of Rs.52,128/- to the complainant as the complainant had already surrendered the membership within a short span when the membership was taken, although even as per OP’s terms of members, OP can deduct 10 % amount from the initial membership charges paid by the complainant to OP and OP even failed to refund the sum of the complainant after the deductions of 10 % on the initial payment.
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The complainant further alleged that since the month of November, 2013 the complainant has been running from pillar topost and contacted OP’s concerned official about refund of his amount and other documents but OP failed to do so and all the requests made by the complainant to OP proved futile and fell to OP deaf ears.
2. On these allegations the complainant has filed the complaint praying for direction to OP to refund of Rs.52,128/- alongwith interest @ 18% as well as compensation of Rs.50,000/- for causing mental agony and harassment and has also sought Rs.33,000/- towards cost of litigation.
3. Notice to OP was issued through speed post for appearance on 07.07.2014 and the complainant filed proof of service of notice and as per track report OP has been served on 23.05.2014. But none for OP appeared on 07.07.2014 & 10.09.2014 and as such OP was proceeded ex-parte vide order dated 10.09.2014.
4. In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant has also filed copy of payment acknowledgement dated 04.12.2013 issued by OP, copy of Approval Form issued by OP, copy of e-mail communication dated 24.12.2013 sent by OP to the complainant, copies of letters dated 09.11.2013, 03.12.2013 & 18.12.2013 sent by the complainant to OP and copy of legal notice dated 04.02.2014 sent by the complainant through his Counsel to OP by Regd.
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A.D./Speed Post alongwith postal receipt as well as acknowledgment.
5. This forum has considered the case of the parties in the light of evidence and documents placed on record by the complainant.
6. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, even after receiving notice of the case from this Forum, OP has kept mum and has not bothered to answer the case of the complainant. It seems that OP has no defence in its favour. After receiving request letter from the complainant about refund of the membership fee the OP ought to have refunded the said amount which OP has failed. Thus, there is a deficiency in service and unfair trade practice on the part of OP and OP is held guilty accordingly.
7. Accordingly, OP is directed as under:
i) To refund to the complainant an amount of Rs.52,128/- alongwith interest @ 6% p.a. from the date of filing of the complaint till the date of this order.
ii) To pay to the complainant an amount of Rs.20,000/- as compensation towards mental agony and harassment caused.
iii) To pay to the complainant an amount of Rs.5,000/- towards litigation cost.
8. The above amount shall be paid by the OP to the complainant within 30 days from the date of receiving copy of this order failing
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which OP shall be liable to pay interest on the entire awarded amount @ 12% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply the order within 30 days from the date of receiving copy of this order, the complainants may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 12thday of March, 2019.
USHA KHANNA M.K. GUPTA
(MEMBER) (PRESIDENT)
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