Sri Ashoke Kumar Pal, President
Stripped off unnecessary details, the case of the complainants in a nut shell is that the complainants purchased three travelling kits for travelling abroad from the OPs who deal in business of operating and managing Hotels and Resorts and providing vacations ownership services, in the name of Jayanta Kumar Bose, Alpana Bose and Debolina Bose on 05.09.2019, 16.09.2019 and 28.10.2019 on payment of Rs.41,949/-, Rs.76,512/- and Rs.37,041/- respectively. The OPs provided two membership cards only in the names of Jayanta Kumar Bose and Alpana Bose. But they did not provide any membership card in the name of Debolina Bose although she provided Rs.37,041/- through Central Bank of India, Subhasgram Branch. Despite full payment and several communications in respect of the membership card of Debolina Bose, the OPs did not issue any membership card in her favour. Debolina Bose being a member of the same family her dream to travel abroad with family was not fulfilled. As a result of the same the membership cards of Jayanta Kumar Bose and Alpana Bose became useless and could not be utilized. Consequently, the complainants issued a notice to the OPs through e-mail on 04.05.2021 asking them to refund the money which they have taken for the mis-sold scheme. The OPs in reply asked the complainants to deposit Rs.25,000/- as cancellation charge to start the process of refunding money. The complainants accordingly made additional payment of Rs.25,000/- to the OPs by NEFT through Indian Bank Maniktola Branch on 07.01.2021. Thus the complainants paid Rs.1,55,502/- + Rs.25,000/- i.e. Rs.1,80,502/- . Thereafter the complainant tried to call the OPs for refund of the amount but the OPs did neither attend the calls nor initiated any process of refund of the amount and hence this case.
The notices of this case were served upon the OPs but they neither appeared nor filed any W/V to contest this case and as such by Order No.4 Dated 22.06.2022 the instant case was declared to be heard ex-parte. Accordingly, the instant case proceeded with ex-parte as against the OPs.
From the pleadings of the complainants the following points were formulated for consideration :-
Points for consideration :-
- Are the complainants consumers?
- Are the OPs guilty of deficiency in service and unfair trade practice?
- Are the complainants entitled to get relief as prayed for?
Decision with reasons :-
- Point No.1 :- On perusal of the record and copies of documents annexed there to, it appears that the complainant paid Rs.41,949/- + Rs.76,512/- + Rs.37,041/- = Rs.1,55,502/- to the OP on 05.09.2019, 16.09.2019 and 28.10.2019 respectively for purchasing three travelling kits for travelling abroad.
The OPs acknowledged the receipt of the same and three membership ID card e.g. DV-1410000973 (Jayanta Kumar Bose), DV-1410000968 (Alpana Bose) and DV-1410000967 (Debolina Bose) were provided to the complainants. As such, the complainants are consumers under section 2(7) of the C P Act, 2019.
- Point No.2 :- The complainants paid Rs.41,949/- on 05.09.2019, Rs.76,512/- on 16.09.2019 and Rs.37,041/- on 28.10.2019 in the name of Jayanta Kumar Bose, Alpana Bose and Debolina Bose respectively to the OPs for purchasing three travelling kits for travelling abroad and the OPs deal in business of operating and managing Hotels and Resorts and providing vacation ownership services. Despite receipt of the aforesaid amount the OPs did not issue membership cards to all the three members as aforesaid. The OPs issued only two membership cards in the name of Jayanta Kumar Bose and Alpana Bose. But did not issue any membership card in the name of Debolina Bose despite receipt of Rs.37,041/- from her on 28.10.2019 for the same. As a result, the dream of the complainants to travel abroad with family was not fulfilled and the entire scheme became useless. The complainants contacted with the OPs several times for cancellation of the scheme and refund of money. They were told to deposit Rs.25,000/- for cancellation of the scheme and refund of money and accordingly the complainants sent Rs.25,000/- also to the OPs. But despite receipt of the cancellation charge of Rs.25,000/- the OPs did neither refund the money nor initiate any refund process cancelling the scheme which was mis-sold to the complainants. The activities of the OPs no doubt indicate the deficiency in service and adopting unfair trade practice. Hence, the 2nd point is decided in favour of the complainants and against the OPs.
- Point No.03 :- The OPs by way of alluring the complainants duped them taking money from them without providing proper service to the complainants. The OPs totally received Rs.1,55,502/- from the complainant but did not issue membership card to Debolina Bose although she belongs to the same family. The OPs issued only two membership cards in the name of Jayanta Kumar Bose and Alpana Bose only. As such, the complainant’s plan of travelling abroad with family was not successful and the scheme became useless due to the deficiency in service of the OPs. The complainants also paid the cancellation charge of Rs.25,000/- as asked for by the OPs for cancellation of the scheme and refund of money which was received by the OPs. But the OPs failed and neglected to refund money paid by the complainants. The complainants tried to contact with the OPs several times but failed to do so for which finding no other alternative the complainants took the shelter of this Commission filing the instant complaint case. The complainants sustained mental pain, agony and harassment for the deficiency in service and unfair trade practice adopted by the OPs. Hence, we are of the firm opinion that the complainants are entitled to get the reliefs as prayed for. So, the 3rd point is decided in favour of the complainants and against the OPs.
In the result, the complaint case succeeds.
Hence, it is,
ORDERED
That the complaint case be and the same is allowed ex-parte against the OPs with cost of Rs.20,000/- (Rupees twenty thousand).
That the OPs are jointly and severally liable and are directed to refund Rs.1,80,502/- with interest at the rate 10% p.a. w.e.f. 05.09.2019 (first date of payment) till final realization, within 45 days from the date of this order.
That the OPs are jointly and severally liable and are directed to pay compensation to the tune of Rs.1,00,000/- (Rupees one lakh) to the complainants for deficiency in service, harassment, mental pain and agony suffered by the complainants within 45 days from the date of this order.
That the OPs are jointly and severally liable and are directed to pay the litigation cost of Rs.20,000/- (Rupees twenty thousand) within 45 days from this date.
That the complainants are at liberty to put the orders into execution if the orders are not complied with within 45 days from the date of this order.
Let a copy of this order be supplied to the parties concerned free of cost.
That the final order will be available in the following website www.confonet.in.
Dictated and corrected by me.
Ashoke Kumar Pal
President
