DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1574/2015
D.No.__________________ Dated:_______________________
IN THE MATTER OF:
1. MANISH JINDAL,
2. VIKAS JINDAL,
BOTH R/o 74, POCKET-14, SECTOR-24,
ROHINI, DELHI-110085. … COMPLAINANT (S)
Versus
DINE VISTA,
APS TECHNOLOGY PVT. LTD.,
D-474, RAMPHAL CHOWK, SECTOR-7,
DWARKA, NEW DELHI-110075. … OPPOSITE PARTY
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 08.12.2015
Date of decision:08.11.2017
SH. M.K. GUPTA, PRESIDENT
ORDER
1. Complainants have filed the present complaint against the OP under the Consumer Protection Act, 1986 thereby alleging that the
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complainants received a marketing call from Mr. Mahesh who is the Marketing Executive of OP on 04.05.2015 regarding an yearly holiday package and the complainants agreed to have a detailed discussion with marketing executive of OP. On 16.05.2015, Mr. Manish Dua, Area Manager of OP, a sister concern of APS Technology Pvt. Ltd. visitedthe home of the complainants and explained the deal and the complainants liked the deal with all described features and terms & conditions and decided to get two 1-year packages and paid all amount of Rs.30,000/- (credit card swipe-Rs.28,000/- and by cash Rs.2,000/-) then and there. The complainants further alleged that Mr. Manish Dua did not issue any receipt for the payments and Mr. Manish Dua misled the complainants and swiped for Rs.15,000/- extra without the knowledge or consent of the complainants and on 19.05.2015, OP pitched the complainants with an upgraded package of 3-years named ‘Platinum Vista’ on extra charges of Rs.15,000/- only and to realize extra paid money the complainants went for it by paying rest of the amount Rs.15,000/- (after adjusting Rs.15,000/- which was swiped extra earlier) for upgraded package vide IDs: Manish Jindal- DV4039 & Vikas Jindal- DV4061 and the agreed package details & terms & conditions were as 5 nights and 6 days per year (total 15 nights and 18 days for 3 years), 4 SPA vouchers applicable for 3
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months, 1 road side assistance, meal vouchers of Rs.15,000/- only (Rs.5,000/- per year) and 1 travel card (valid for 5 years). The complainants further alleged that the marketing executive of OP explained that this 3 years plan was newly designed and vouchers were not ready yet for 5N/6D, so OP provided one 2N/3D and one 3N/4D kits and assured the complainants on membership paper in writing that no combination charges will be realized and Mr. Manish Dua promised to replace existing vouchers with the new ones at the earliest and some points were mutually agreed on request additionally in writing and this package will valid for 4 years i.e. if not used in any year can be used in 4th year, other than actual buyer one designated person can use this voucher after adding his/her name in contract and he charged Rs.750/- each package in cash for this feature, package will be started from 01.07.2015 and one road side assistance was received and asked to provide another next year. Thereafter, all the terms were written on membership document duly signed in original by the authorized signatory Mr. Ajay alongwith office seal of ‘APS Technology Pvt. Ltd. Dwarka New Delhi’ and it has been known to the complainants that Mr. Ajay is CEO of APS Technology Pvt. Ltd. another copy of documents signed by the complainants were also kept by OP office through the marketing executive and confirmed by Mr. Ashutosh, MD of OP. On
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13.06.2015, the complainants decided to go for hotel booking and tried to contact customer care no. 8010888111 which was not working then the complainants tried to contact Mr. Manish Dua 8447072523 and Mr. Mahesh 9015650210 but their cell phones were also found switched off and finally visited office of OP at given address on 20.06.2015 but nobody was available on that day working for OP and the complainants succeeded to get contact details of Mr. Ashutosh who takes care of OP operations from reception and fixed a meeting on 25.06.2015. In the meeting Mr. Ashutosh denied the promises made by the marketing team and refused to keep the promises which were made in writing and agreed for further discussions after taking consent from the higher management and asked the complainants to know the status after about 4-5 days. On 02.07.2015, the complainants received the message from him and informed the complainants that he has ordered Countrywide Kits and to collect Countrywide kits by returning Dine Vista kits and on 03.07.2015, he assured to confirm the features of the packages and terms and conditions but failed. A meeting was again fixed on 07.07.2015 at 9:30 PM and on waiting till 11:00 PM, Mr. Ashutosh did not come despite scheduled meeting. After a lot of telephonic calls, Mr. Ashutosh sent a person namely Rakesh Bhushan to hand over two 1 year kits of
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Countrywide and received back Dine Vista Kits for 1 year on 07.07.2015 at 11:30 PM and the terms& conditions could not be read. On 08.07.2015, it was known to the complainants on enquiring from Countrywide customer care that false information about the package was given. Again Mr. Ashutosh and Rakesh were tried to contacted but of no response. Mr. Ajay Sharma, CEO/ Authorized Signatory of APS Technology Pvt. Ltd. was also tried to be contacted but of no response. A legal notice was also sent to OP but the OP did not pay any heed. The complainants accordingly alleged that the OP has acted unlawfully and there is deficiency in service on the part of OP.
2. On these allegations the complainants have filed the complaint praying for cancellation of membership of Dine Vista/Countrywide named Platinum Vista and refund of an amount of Rs.60,000/- charged by OP alongwith interest @ 18% p.a. as well as compensation of Rs.1 lakh for causing mental agony and harassment and have also sought an amount of Rs.5,500/- as litigation cost.
3. Notice was issued to Opposite Party through speed post for appearance on 09.02.2016 and the notice was served on OP as per track report on 18.01.2016. But for OP none appeared and OP was proceeded ex-parte vide order dated 17.05.2016.
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4. In order to prove the case the complainants filed theirseparate affidavits in evidence and placed on record copies of agreements executed between the parties on 01.07.2015 containing terms & conditions of the holiday package showing membership ID as DV-4039 & DV-4061 in favour of Manish Jindal & Vikas Jindal respectively, copy of legal notice dated nil sent through speed post to the OP.
5. The case of the complainants have remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainants. Accordingly, the OP is held guilty of unfair trade practice and deficiency in service. Accordingly, OP is directed as under:
i) To cancel the membership of the complainants of Dive Vista/Countrywide named Platinum Vista.
ii) To refund to the complainants a total amount of Rs.60,000/-.
iii) To pay to the complainants an amount of Rs.10,000/- as compensation towards mental agony harassment to the complainant as well as litigation cost.
6. The above amount shall be paid by the OP to the complainantwithin 30 days from the date of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of this order till the date of payment. If OP fails to comply
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with the order within 30 days, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
7. 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 8th day of November, 2017.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
