BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 298 of 2017
Date of Institution:12.5.2017
Date of Decision: 30.11.2017
S.Maninder Singh Aged 46 years S/o S. Ishar Singh R/o H.No. 870, Garden Enclave, New Amritsar, Bypass, Amritsar
Complainant
Versus
Country Vacations, A-Division of Country Club Hospitality and Holidays Limited Company having their branch office at Shop No. 14, 3rd Floor,Trillium Mall, Amritsar through officer in Charge/Principal Officer/Manager
Opposite Party
Complaint under section 11 & 12 of the Consumer Protection Act, 1986
Present: For the Complainant :Sh. Vikram Puri, Advocate
For the Opposite Party : Sh. Ashok Kalia,Advocate
Coram:
Mr.Anoop Sharma, Presiding Member
Ms.Rachna Arora, Member
Order dictated by:
Ms.Rachna Arora, Member
1. Maninder Singh, complainant has brought the instant complaint under section 11 & 12 of the Consumer Protection Act, 1986 on the allegations that the complainant received a number of calls from the representative of the opposite party company that the complainant has won a gift coupon from the country club fitness and vacation office of the opposite party situated at Shop No. 14, 3rd Floor, Trillium Mall, Amritsar and they called the complainant to their office for collecting the coupon. The complainant accepted the requests of the officials of the opposite party and went to the office of the opposite party on 17.12.2016. The complainant was told that he will have to attend 90 minute session organized by the opposite party and only then coupon will be delivered and handed over to the complainant. In the said session some other couples were also present and the office of the opposite party was adjoining one with one gym in which very loud music was being played . the other couples and the complainant was compelled by the executives of the opposite party to sign one agreement on a stamp paper and the complainant was not given proper time to read out the main terms and conditions of agreement. Thereafter the complainant was allotted membership number CVAMSIV10LB230170. After reaching home when the complainant read out the terms and conditions of the agreement , he was shocked to read out the terms and conditions and those terms and conditions were quite almost different from those terms and conditions which were explained by the executives of the opposite party in 90 minute session on 17.12.2016. In the said agreement, accommodation for 2 adults and 2 children below 12 years of age is allowed . The complainant has already mentioned in the form that he is having 2 children above the age of 12 years. Not only this the executive of the opposite party had told to the couples present in the said session and to the complainant that membership fee will be charged from in equated installments of 36 months. But the complainant received one message from his credit card company that he has been charged Rs. 1,19,000/- in one lumpsum and not in installment. There were so many other terms and conditions which were different from which were explained to the particulars including the complainant. The complainant was not interested to continue with such benefits and schemes, so he moved one cancellation application dated 18.12.2016 i.e. on the very next day with the customer care country club (vacations) Amritsar and seeking refund of his hard earned money of Rs. 1,19,000/- which was received by the official of the opposite party on 19.12.2016 explaining all the position and circumstances under which the complainant was seeking refund of his amount. The officials of the opposite party gave assurance to the complainant that his matter will be settled very soon and his amount will be refunded to him very shortly. The complainant had made the payment of Rs. 1,19,000/- through credit card of the Axis Bank to the opposite party and thereafter he got it converted into loan and he is presently paying monthly installment of Rs. 4345.81 and he is paying monthly interest of Rs. 1595.16 . The complainant has already sent numerous e-mails to the opposite party and made numerous requests to them to refund back his amount of Rs. 1,19,000/- but the opposite party has been making lame excuses without having any force. The complainant visited the office of the opposite party and requested them to listen to him and to comply with the requests made by the complainant, but the opposite party is adamant not to refund the hard earned amount of the complainant. Vide instant complaint, complainant has sought for the following reliefs:-
(a) Opposite party be directed to refund the amount of Rs. 1,19,000/- to the complainant alongwith interest @ 12% p.a. from the date of making payment till actual realization ;
(b) Compensation to the tune of Rs. 30000/- as well as litigation expenses to the tune of Rs. 5000/- may also be awarded to the complainant.
Hence, this complaint.
2. Opposite party did not file written version despite affording of so many opportunities, as such the right of the opposite party for filing written version stands forfeited.
3. In his bid to prove the case Sh. Vikram Puri,Adv.counsel for the complainant tendered into evidence duly sworn affidavit of the complainant Ex.C-1 alongwith documents Ex.C-2 to Ex.C-10 and closed the evidence on behalf of the complainant.
4. On the other hand when the opposite party did not produce any evidence to rebut the evidence produced by the complainant despite affording of so many opportunities, as such the evidence of the opposite party is closed by order.
5. We have heard the ld.counsel for the parties and have carefully gone through the record on the file.
6. Ld.counsel for the complainant has vehemently contended that the complainant received a number of calls from the representative of the opposite party company that the complainant has won a gift coupon from the country club fitness and vacation office of the opposite party situated at Shop No. 14, 3rd Floor, Trillium Mall, Amritsar , where after attending 90 minute session organized by the opposite party the complainant was allotted membership number CVAMSIV10LB230170. It was the case of the complainant that in the said session some other couples were also present and the office of the opposite party was adjoining one with one gym in which very loud music was being played and they were compelled by the executives of the opposite party to sign one agreement on a stamp paper and the complainant was not given proper time to read out the main terms and conditions of agreement. After reaching home when the complainant read out the terms and conditions of the agreement , he was shocked to read out the terms and conditions and those terms and conditions were quite almost different from those terms and conditions which were explained by the executives of the opposite party in 90 minute session on 17.12.2016. In the said agreement, accommodation for 2 adults and 2 children below 12 years of age is allowed . The complainant has already mentioned in the form that he is having 2 children above the age of 12 years. In this regard complainant has produced on record copy of form mentioning the age of the complainant and his family members which is Ex.C-2 on record. It was further the case of the complainant that the opposite party had also told to the complainant and other couples present in the said session that membership fee will be charged in equated installments of 36 months. But the complainant received one message from his credit card company that he has been charged Rs. 1,19,000/- in one lumpsum and not in installment. There were so many other terms and conditions which were different from which were explained to the particulars including the complainant. After going through the terms and conditions of the agreement, the complainant moved one cancellation application dated 18.12.2016 i.e. on the very next day with the customer care country club (vacations) Amritsar and seeking refund of his hard earned money of Rs. 1,19,000/- which was received by the official of the opposite party on 19.12.2016 . The complainant had made the payment of Rs. 1,19,000/- through credit card of the Axis Bank to the opposite party. Copy of bank receipt of payment of Rs. 1,19,000/- is Ex.C-5 on record. The complainant has already sent numerous e-mails to the opposite party and made numerous requests to them to refund back his amount of Rs. 1,19,000/- but the opposite party has been making lame excuses without having any force. Ld.counsel for the complainant submitted that all this amounts to deficiency in service as well as unfair trade practice on the part of the opposite party.
7. On the other hand opposite party did not rebut the case of the complainant as opposite party despite affording of so many opportunities neither filed written version nor produced any evidence . The complainant was allotted membership of the opposite party on 17.12.2016 in which he was explained orally several terms and conditions which the complainant could not understand due to loud noise . But however on the very next day after going through the terms and conditions the complainant immediately moved cancellation application on 18.12.2016 as the terms and conditions were different as explained to him and were also not suited to the complainant. But to rebut the aforesaid averments of the complainant, opposite party after appearing did not dare to file written version as well as evidence despite availing of sufficient opportunities. As such the evidence adduced by the complainant has gone unrebutted on record as opposite party, despite availing of sufficient opportunities, did not opt to file written version and contest the complaint and thereby the opposite party impliedly admitted the claim of the complainant, which further shows that the opposite parties had no defence to offer for contesting the case of the complainant.
8. Consequently, we hold that opposite party is entitled to refund of the amount paid by the complainant to the opposite party ,after deducting the reasonable amount i.e. the amount spent on form filling as well as for making agreement for Vacation Membership . As the complainant has been harassed by the opposite party as he made payment to the opposite party on 17.12.2016 and thereafter he had to visit the office of the opposite party for making refund of the amount paid by him which caused lot of mental tension, inconvenience as well as harassment to the complainant for which complainant is entitled to compensation to the tune of Rs. 10000/- while litigation expenses are assessed at Rs. 5000/-. Compliance of this order be made within a period of 30 days from the date of receipt of copy of this order ; failing which, complainant shall be entitled to get the order executed through the indulgence of this Forum. . Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated : 30.11.2017
