DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB. 

 

Complaint Case No : CC/49/2023

Date of Institution : 21.04.2023

Date of Decision : 20.03.2024

Surinderpal Singh aged 59 years S/o Late Bant Singh R/o Opp. Street No. 11, Sekhan Road, Barnala.

                   …Complainant

Versus

Club Retreat (Luxury Redefined) I.T. Tower, B-I, E-261, Phase-8B, NH-5, Industrial Area, Sector-74, SAS Nagar, Mohali-160055 (Pb.) through its Managing Director. 

                …Opposite Party

 

Complaint Under Consumer Protection Act, 2019

Present: Sh. Rishav Dev Singh Adv counsel for complainant.

Opposite party exparte.

 

Quorum:-

1. Sh. Jot Naranjan Singh Gill : President

2. Smt Urmila Kumari : Member

3. Sh. Navdeep Kumar Garg : Member

(ORDER BY URMILA KUMARI MEMBER):

    The complainant namely Surinderpal Singh has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against Club Retreat, (Luxury Redefined), Mohali. (hereinafter referred as opposite party).  

2. The facts leading to the present complaint are that the complainant availed the membership of opposite party company in the month of February 2022 at a seminar hosted by opposite party at Hotel Midway Barnala. The opposite party had issued an ID No. CRH210897 in favour of the complainant. The total amount of plan was Rs. 55,000/- out of which Rs. 10,000/- were paid through Google-pay by the complainant at the spot and the remaining amount was to be paid in the monthly installments of Rs. 2,291/-. It is further alleged that at the time of executing the agreement, it was agreed upon by the opposite party that an amount of Rs. 10,000/- will be returned in form of cash back by the opposite party. At that time it was assured by the employee of the opposite party that a membership card will be provided to the complainant and to other family members as per the plan but no membership card has been provided by the opposite party. 

3. It is further alleged that in the month of July 2022 the complainant has approached the opposite party for availing a trip to Manali but the trip could not be planned in time due to poor communication by the opposite party and the complainant had to cancel his trip, because no proper and timely information was shared by the opposite party to the complainant. Further, due to the poor quality service of the opposite party the complainant decided not to continue with the opposite party and in the month of August 2022 the complainant has requested to cancel his membership but opposite party did not give any reply to the request of cancellation. Reminders were also sent in the month of September and November respectively. But the opposite party company has not initiated cancellation request of the complainant till today. Further, the opposite party has never paid/transferred the cash back amount to the complainant which was agreed upon by the opposite party despite many reminders. It is further alleged that at the time of execution of the agreement the amount of monthly installment of Rs. 2,291/- was settled, but the opposite party is regularly deducting the amount of Rs. 3,276/- from the account of the complainant and despite of informing the complainant about the deduction the opposite party has not solved this issue till today. The act of the opposite party is deficiency in service and unfair trade practice. It is further alleged that despite many requests and reminders by the complainant the opposite party did not cancel the membership of the complainant and an amount of Rs. 3,276/- is regularly being deducted from the account of the complainant. The complainant also sent a legal notice dated 20.12.2022 to the opposite party but the same was returned by the postal agencies with acceptance report by the opposite party. Hence, the present complaint is filed for seeking the following reliefs.- 

1) The opposite party be directed to cancel the membership and to order the opposite party to stop the monthly deduction being done by the opposite party illegally and without any reason from the account of the complainant. 

2) To pay compensation of Rs. 1,50,000/- on account of physical and mental harassment. 

3) To pay Rs. 15,000/- as litigation expenses.

4) To refund the entire amount, which has been paid by the complainant to the opposite party.

5) Any other relief, which this Commission may deems fit. 

4. Upon notice of this complaint the opposite party preferred to remain exparte. 

5. In support of his complaint, the complainant tendered into evidence his affidavit Ex.C-1, postal receipt Ex.C-2, RC Ex.C-3, copy of welcome letter Ex.C-4, legal notice Ex.C-5, copies of emails Ex.C-6, copy of statement of account Ex.C-7, copy of whatsapp chat Ex.C-8, copy of aadhaar card Ex.C-9 and closed the evidence.

6. We have heard the learned counsel for the complainant and gone through the record on the file.

7. The complainant availed the membership of the opposite party in the month of February 2022 and ID No. CRH210897 was issued in the name of the complainant. The total amount of the plan availed by the complainant was Rs. 55,000/- out of which Rs. 10,000/- were paid on the spot and the remaining amount was to be deducted in the form of monthly installments of Rs. 2,291/- from the account of the complainant.

8. On March 4, 2022 the complainant sent an email to the opposite party for the clarification regarding some transactions from his account and the amount of EMI to be deducted from his account Ex.C-6 (Page No. 1). In reply to the query sent by the complainant the opposite party wrote that “total amount to be deducted from your respective bank account will be Rs. 55,000/- only and rest will  be reversed in 9th month tenure. First cash back after 3rd installment receiving, second cash back after 6th installment receiving and third cash back after 9th installment receiving” Ex.C-6 (Page No. 2 and 3). 

9. In the month of July 2022 the complainant approached the opposite party through whatsapp chat for planning a trip to Manali but due to poor communication by the opposite party the complainant had to cancel his trip as no proper and timely information was shared by the opposite party Ex.C-8 (Page No. 1 to 4).

10. On being harassed by the poor professional conduct of opposite party the complainant sent an email to the opposite party for cancellation of membership on August 31, 2022 Ex.C-6 (Page No. 4). But the opposite party remained irresponsive to the request of the complainant. Reminders were sent for cancellation of the membership but no reply was given by the opposite party Ex.C-6 (Page No. 5 and 6) and the EMI was regularly deducted from the account of the complainant.

11. As per bank account statement of the complainant Ex.C-7 (Page No. 2) first installment deducted was of Rs. 3099.66 paise and after that Rs. 3276.56 paise were being deducted every month from 5.4.2022 to 5.3.2023 Ex.C-7 (Page No. 3 to 15). During arguments the complainant produced his bank account statements showing continuous deduction of Rs. 3,276.56 paise (from 5.4.2023 to 5.2.2024).

12. On the other hand the opposite party has not come forward to contest the allegations of the complainant which otherwise appear to be genuine and supported by various documents. So, we have no alternative except to believe the contents and evidence of the complainant. Inspite of request by the complainant in August 2022 the opposite party did not cancel the membership of the complainant and continuously deducted the EMI from his account till February 2024. The total amount paid by the complainant comes out to be Rs. 88,460.54 paise (Rs. 10,000/- paid on the spot and Rs. 78,460.54 paise were deducted from his back account).

13. From the above discussion it is clear that there is deficiency in service and unfair trade practice on the part of the opposite party. The opposite party failed to provide due service to the complainant. Even after request for cancellation of membership the opposite party continuously deducted EMI from the account of the complainant for two years. No cash back was credited in the account of the complainant as promised after receiving 3rd, 6th and 9th installments of the EMIs. So, the present complaint is partly allowed and the opposite party is directed to refund the entire amount of Rs. 88,460.54 paise to the complainant. The opposite party is also directed to pay Rs. 15,000/- as compensation for mental tension and harassment and Rs. 5,000/- as litigation expenses to the complainant. Further, the opposite party is directed to cancel the membership of the complainant and no further deduction be made from the account of the complainant. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of this order be supplied to the parties free of costs as per rules. File be consigned to the records after its due compliance. 

ANNOUNCED IN THE OPEN COMMISSION:

       20th Day of March 2024

 

 

        (Jot Naranjan Singh Gill)

            President

 

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member