ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

This is the Complaint filed by the Complainant U/S Section 12 of Consumer Protection Act 1986, against the Opposite Party (herein referred in short as O.P) alleging the deficiency in service in not refunding the amount paid and not providing services and for also damages of Rs.1,00,000/- as compensation and for other reliefs as the Commission deems fit.

2.      The brief facts of the complaint are that;

The OP invited the complainant and his wife to attend a meeting and informed that they have been selected for free gift voucher for two days three nights holiday in a listed hotel in India and a gift voucher of Rs.10,000/- for internship holiday along with a couple movie voucher. They received the call and attended the invitation.  The venue was shared by one Sameer Agarwal of the OP through whatsapp message and they were also given the time slot and the Google map location.  It was also informed that the gifts were free and there is no any terms and conditions and no hidden costs while collecting the gift vouchers and that it is a promotion call.  When they attended the meeting, they were mislead willfully deliberately and concealed the important information.  Even they were not allowed to look into the documents and they did not share the copies of the documents and were pressurized to sign up the documents. During the said meeting, they were informed that the amount will be refunded and the members can avail along with children whereas they did not specify the age of the children. They also informed that the agreement would be sent through email and their company is a sister concern of Marriot Hotel and the package can be availed upon the full payment of the membership and further the members can avail discount of 30% on air fare, car booking, dinner in the hotels, and also they can do holiday planning on online. Whereas in reality there was no refund of the amount paid towards membership and the children age is restricted to six years, refused to share the copy of the agreement, it is not related to Marriot Hotel, Holiday to be booked only after receiving the welcome kit no discount available and to send email regarding their tour travel and then the team would send the hotels.  The sales person just informed in the meeting on 07.01.2022 at 10.30 am., on the matters available on the website.  They also informed a call from the sales person.  The act of the OP is unfair. On verification with the contents of the Google portal, many customers have suffered due to false promise made by the OP. The agreement between them and OP is enforceable and it should define the mutual rights and obligations.   OP have not spent any amount even a single rupee towards membership travel or accommodation. OP made false promise and has been negligent in not refunding the amount. When they expressed their unwillingness to continue their membership and sought for refund, the same was not done, hence there is deficiency in service on the part of the OP and hence prayed to allow the complaint.

3.      The notice sent to OP was delivered as per the postal track consignment record.  This Commission held the service of notice as sufficient and since OP was absent, placed exparte.

4.      In order to prove the case, complainant filed their affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the complainant has proved deficiency in service on the part of the Opposite Party?

2) Whether the complainant is entitled to the relief prayed for in the complaint?

5.     Our answers to the above points are:-

POINT NO.1:            In the Affirmative

POINT NO.2:            Partly in the affirmative.

                                For the following.

REASONS

6.     POINT No.1 AND 2:-

   Perused the complaint, affidavit evidence and the documents produced by the complainant.  Ex.P1 to P7 documents have been marked on behalf of the complainant. On perusing the same it becomes clear that the complainant by paying Rs.2,50,000/- became member of the OP to avail the benefits.  As per the email correspondences produced which has been perused by us, clearly reveals that OP have refused to refund the amount inspite of the complainant’s cancelling the membership.  Without offering and providing any services and retaining the entire amount would be unfair practice, which cannot be entertained at any cost.  Hence non refunding of the amount without providing any service OP are bound to refund the same by retaining at least about 10% of the amount towards the administrative charges and office expenses.  Hence we answer point No.1 and 2 partly in the affirmative.  Though complainant has claimed that he has paid Rs.3,00,000/- to the OPPOSITE PARTY, and claimed for refund of the same, the documents produced reveals that he has paid only Rs.2,50,000/-.  Hence we direct OP to refund Rs.2,50,000/- less 10% of the amount along with interest at 12% within 30 days from the date of receipt of the order.  Further act of OP in not refunding the amount when requested and demanded, put the complainant to physical hardship and financial loss and mental agony for which we direct OP to pay a sum of Rs.10,000/- towards damages and Rs.5,000/- towards litigation expenses and proceed to pass the following;

ORDER

1. Complaint is allowed in part with cost.
2. OP is directed to refund Rs.2,50,000/- less 10% of the amount along with interest at 12% within 30 days from the date of receipt of the order.
3. OPPOSITE PARTY is further directed to pay a sum of Rs.10,000/- towards damages and Rs.5,000/- towards litigation expenses to the complainant.
4. OP is directed comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter.
5. Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order failing which the same will be weeded out/destroyed.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 10^TH DAY OF MAY 2022)

MEMBER                 MEMBER                PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Payment details

Ex P2: Invitation through whatsapp

Ex. P3: Email communications

Ex P4: Google reviews

Ex P5: Financial statement

Es P6: Credit card statement

Ex P7: Grievance to the National Consumer Helpline

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

• Exparte -

Copies of Documents produced on behalf of Opposite Party/s

• NIL -

MEMBER                 MEMBER                       PRESIDENT

HAV*