Complaints filed on: 07-01-2023
Disposed on: 19-08-2023
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU
DATED THIS THE 19th DAY DAY OF AUGUST 2023
PRESENT
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LL.B., MBA., MEMBER
CC.No.4/2023
Puttarama Naik S/o Raja Naik,
A/a 55 years,R/at Maanyatha Nilaya,
1st Cross, Siddarameshwara Extension,
Batawadi, Tumkur-572 103.
……….Complainant
(By Sri. Shankaraiah, Advocate)
V/s
1. Doves Vacation, Anway Innoventures Limited,
Register Office, B2, Killol Apartment,
S.No.934/935, F.P.No.318/19-B, Shivajinagar,
Pune – 411 016.
Corporate Office: 511 Hubtown Solaris,
Professor N S Phadke Road, Andheri,
East, Mumbai. Ph:No.07620900911, 07969790099
Divya S.J. (Employee at Bangalore Branch):9886070805
Shalini (Employee at Bangalore Branch:7406275824
E-Mail: id’cs@dovesvacation.com;info@dovesvacation
Com;vacation@dovesvacations.com;
2. Renault Tumkur Dealer,
Ring Road, Gubbi Bypass Road,
Behind SSIT Engineering College,
Maralur, Tumkur-572 105.
……….Opposite Party/s
(OP1 – served absent)
(OP2 by Sri.Dhanush .M. Adv.,)
:ORDER:
BY SMT.G.T.VIJAYALAKSHMI, PRESIDENT
This complaint has been filed by the complainant U/s 35 of the C.P. Act alleging deficiency in service against the OP with a prayer to direct the OP to refund the membership fee of Rs.65,000-00 and Rs.50,000-00 for mental agony together with 18% interest p.a. and further prays to direct the OP No.2 to pay Rs.10,000-00 from Renault Dealers for sharing personal information and encourage to attend the event without proper knowledge regarding travel agency.
2. The case of the complainant is as under:-
The complainant bought DV Membership Application vide application No.10385 with OP No.1 organization for travel purposes and had paid Rs.65,000-00 on spot at the agency’s event on 22.07.2022 under transaction reference No.220388984694 without reading the terms and conditions. The complainant further submitted that he had tried to reach out the Renault Dealers of Tumkur regarding the issue since they are the only medium of connection who apprise to attend the Dove Vacation event in Urban Resort on 22.07.2022, but the Renault Dealers denied to have any knowledge regarding the Dove Vacation as the Renault Dealers had shared the complainant’s personal information to Dove Vacation without complainant’s consent. It is further submitted that after several attempts, customer agent has stated that complainant has to wait for 90 days and the same is also mentioned in terms and conditions column in Clause No.7.1 as “the member of application can claim for full refund when applicant has intimate within 7 calendar days from the date of realization. But after 90 days, neither the amount refunded nor gets any intimation regarding the issue. Hence, the complaint.
3. After receipt of commission notice, the OP No.1 remained absent. The OP No.2 appeared through counsel and filed the version contending that the complainant is a owner of the Renault KIGER Car bearing registration No.KA51 AA 0865 purchased from OP No.2 on 03.08.2021. It is further submitted that complainant was leaving his vehicle with OP No.2 to repair/service the complainant’s vehicle. The complainant’s claim is false and fabricated and thereby there is no deficiency of service from the OP No.2. The complainant has failed to show any iota of evidence in support of his alleged contention and hence the alleged facts cannot be treated and termed as deficiency in service on the part of OP No.2. The averments made by complainant against OP No.2 stating that the OP No.2 has shared the complainant’s personal information to the OP No.1 is false and the complainant is put to strict proof of the same. The complainant has filed this present complaint to achieve hidden motive so the complainant is making irrelevant and baseless allegations against OP No.2. On these among other grounds, it is prayed to dismiss the complaint.
4. The complainant has filed his affidavit evidence and marked the documents at Ex.C1 to C4. Sri.Padmesh .J Authorised Signatory of OP No.2 filed his evidence by way of affidavit
5. We have heard the arguments from complainant’s counsel. Counsel for OP No.2 filed their written arguments.
6. On perusal of complaint, version of OP No.2, affidavits and documents produced by the complainant, the points that would arise for our consideration are:
- Whether there is any deficiency in service on the part of OP/s?
- Whether complainant is entitled for reliefs sought for?
7. Our findings to the aforesaid points are as under:
Point No.1: Partly in the affirmative
Point No.2: As per the final order.
:REASONS:
Point Nos.(1) & )2):-
8. To prove the case, the complainant submitted 04 documents i.e. Ex.C1 is the letter to the CEO, Doves Vacation dated:27.07.2022 written by complainant regarding withdrawal of Doves Vacation membership. Ex.C2 is the brochure of Doves vacation, Ex.C3 is the application form filled and signed by the complainant dated:22.07.2022 and Ex.C4 is the withdrawal of doves vacation membership.
9. On perusal of pleadings, evidence and documents submitted by the parties, it is seen that the complainant bought Doves vacation membership vide application No.10385 with OP No.1 organization for travel purpose and had paid Rs.65,000-00 on spot at the agency’s event in Urban Resort on 22.07.2022.
10. After gone through the terms and conditions, the complainant decided to withdraw the Doves vacation membership, written a letter dated:27/07/2022 to the OP No.1 i.e. Ex.C1. But OP No.1 failed to refund the amount. The Ex.C2 is the brochure of Doves vacation, wherein it contains the specific condition regarding refund of the membership fees and it reads as
“Member name within a period of (7) calendar days from the date of realization or the down payment by D.V. withdraw is/its D.V. membership application. Such request of withdrawal of application/membership has to be intimated either from the registered e-mail address or through a written document duly signed by the applicant and client FULL REFUND of the D.P. paid. In the event of the member failing to withdraw the application within the aforesaid period of 7 days, then the right to full refund of the membership price paid will lapse. For the purpose of communicating such request for the withdrawal of application of DV Membership Member shall use Speed Post/Registered Post/Courier Service/E-Mail from registered e-mail address for communicating with DV. The refund in such cases will be made within 90 days from the date of receipt of written request for withdrawal from the Member.”
11. As per Ex.C3, the complainant application form for membership date is 27/07/2022 and withdrawal of Doves vacation membership application date is 27/07/2022. The complainant communicated/intimated his decision regarding withdrawal of membership to the OP No.1 within 7 days. Therefore, as per Ex.C2 the complainant is entitled to claim refund of Rs.65,000-00 from the OP No.1. But after lapse of 90 days, the OP No.1 failed to refund the membership fee of Rs.65,000-00 which amounts to deficiency of service on the part of OP No.1. In view of the above facts and circumstances of the case, it is just and proper to direct the OP No.1 to refund Rs.65,000-00 with interest @ 8% PA to the complainant from 27.07.2022 (i.e. requisition for refund) to till realization. We do not find any deficiency of service against the OP No.2. Hence, the complaint against OP No.2 is liable to be dismissed. Further, Due to the act of OP No.1, the complainant compelled to approach this Commission. Hence, the OP No.1 is liable to pay Rs.10,000/- as compensation for mental agony and Rs.10,000/- as litigation expenses. Accordingly we pass the following:-
:ORDER:
The complaint filed by the complainant against OP No.1 is allowed in part with cost.
The complaint filed by the complainant against OP No.2 is dismissed.
The OP No.1 is directed to refund Rs.65,000-00 with interest @ 8% PA to the complainant from 27.07.2022 to till realization.
The OP No.1 is further directed to pay Rs.10,000-00 as compensation and Rs.10,000-00 as litigation expenses to the complainant.
The OP No.1 is directed to comply the above order within 45 days from the date of receipt/knowledge of the order.
Supply free copy of this order to both parties
