Haryana

Ambala

CC/2/2020

Gopal Krishan Gupta - Complainant(s)

Versus

Fiyaway Holiday Club Pvt Ltd - Opp.Party(s)

In Person

16 Mar 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                          Complaint Case No.        :  2 of 2020.

                                                          Date of Institution           :  01.01.2020.

                                                          Date of decision              :  16.03.2021.

 

1. Gopal Krishan Gupta s/o Shri S.K.Gupta, aged 45 years
2. Sunita Gupta w/o Gopal Krishan Gupta, aged 44 years

Both R/o House No.126-A/332, Civil Lines, Ambala City.

                                                                                       …. Complainants.

 

1. Flyaway Holiday Club Pvt. Ltd., # 346, IIIrd Floor, D & E, Chandigarh City Centre, VIP Road, Zirakpur, Mohali, PIN 140603, through its Director Shri Sandeep Singh S/o Shri Manmohan Lal.

2^nd address R/o # 281, Ward No.11, Mela Ground, Jagdamba Colony, Sirsa, Haryana-125055, Contact No.79865-18626.

2. Bishan Singh S/o Shri Bhagvat Singh- Director of Flyaway Holiday Club Pvt. Ltd. R/o # 85, Mahal Bir, Baijnath (T) Kangra, Himanchal Pradesh. PIN -176125. Contract No.83969-17321.
3. Ms. Komal Vats daughter of Shri Vinod Mehra, C/o Manoj Vats, Director of Flyaway Holiday Club Pvt. Ltd., C/o Manoj Vats, H.No.1149, GBP Rosewood 1, Dera Bassi, SAS Nagar, Mohali Punjab PIN 140507 Contact No.79734-45015.

 

               ..…. Opposite Parties.

         

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Complainants in person.

OPs already ex parte.

 

ORDER:     SMT. NEENA SANDHU, PRESIDENT.

 

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund Rs.60,000/- i.e. membership fee paid by the complainants to the OPs and Rs.360/- for Movie tickets along with interest @ 18% w.e.f. 11.05.2019 till its realization.
2. To pay Rs.1,00,000/- as compensation for the mental agony and physical harassment suffered by the complainants.
3. To pay Rs.25,000/- to each of the complainant as litigation expenses.
   382.  

Any other relief which this Hon’ble Commission may deem fit.

 

Brief facts of the case are that complainant No.1 is an advocate by profession and practicing at District Court, Ambala. The complainant No.2 is the wife of complainant No.1, who is working as Principal, in a private Senior Secondary School at Lalru, Punjab. Complainant and his wife got a mobile call on 10.05.2019 & 11.05.2019, from a person stated to be the Executive of company i.e. Flyaway Holiday Club Pvt. Ltd., who had requested them to come to A.P. Hotel, Ambala City on 11.05.2019, in the evening, to have dinner and to collect free gift vouchers and free movie tickets, as their name has been selected for this purpose. On reaching at the A.P. Hotel, Ambala City, the OPs narrated the club membership scheme of the company & convinced the complainants to take at least trial pack of their holiday membership scheme. The officials of the OP assured the complainants that their company have more than 40 properties including various Resorts in India & have tie up with more than 1000 holiday destinations across the world. They assured to provide 4-5 star accommodation during stay period in their associated holidays resorts. They also assured to confirm the booking of stay within 3 to 7 days from receiving booking request from the complainants. They also told that their company is owned by Mr. Sandeep Singh and Shri Bishan Singh, who are providing holiday’s facilities from the last 12 to 13 years. The Manager Mr. Rishi assisted by Ms. Kashish and other staff members of the OPs have also offered that they can merge 3 days 2 nights gift voucher with the membership. They also stated that this special offer is valid for you for today only.  There will be Summer holidays in the Court next month and if you want you can book the destination for your summer holidays. They also told us that some other Advocates and respectable persons have also taken the Flyaway membership. On believing them, the complainant and his wife have taken the Flyaway Membership and deposited Rs.60,000/- i.e. full and final payment, on the spot through Debit card from their Joint Saving Bank Account maintained with Punjab National Bank, DAV College Road, Ambala City. After receiving the amount, a receipt Serial No.46 dated 11.05.2019, was issued by the OP company. At that time, an approval form without serial number was also fulfilled jointly by the complainant and his wife and by the representative of the company. The complainants got shocked, when on 17.05.2019, they checked the current status of the company on internet and found that this company was registered only in the last month of the year 2018, whereas it the officials of the company told that OP company is doing its business for the last 12 to 13 years. In this way, the official /representative of the company has misled and suppressed the material information from the complainants and they immediately requested the OP company through email dated 18.05.2019 for cancellation of their membership and for refund of the amount paid by them. Thereafter, several emails were sent to the company for refund of the money. Since, then several email/telephonic conversations were also made between the complainant and the officials of the company regarding switching over the membership to three years from five years. Since, the complainants were not interested in this proposal, therefore they requested the officials of the OP company for refund of the amount paid by them. However, on 21.06.2019, they received a DTDC Courier bearing No.Z11398760, which was booked by the OP Company on 20.06.2019, containing letter dated 10.06.2019, along with photo copy of the approval form having no serial number, filled jointly by the complainants and the representative of the company and Membership ID card No.FLY19050565. Complainant immediately, talk to the official of the company telephonically and enquired about the matter, who informed that it was delivered wrongly. However, it was assured by him that money will be returned, but later on it was told to the complainants that GST amount will be deducted as the transaction has been completed by changing the membership from 5 years to 3 years. The complainants have never given their consent for the proposal given by the officials of the company for changing the membership from 05 years to 03. Perusal of the documents and Membership ID card No.FLY19050565 also show that it was valid up to May 2024 i.e. for 05 years. Even, from the emails and telephonic conversations between the undersigned and the officials of the company, it is clear that the complainants never accepted the proposal of the officials of the company for change of membership from five years to three years as it was only proposal. But on the other hand, they always requested for refund of money which was not refunded till date, despite several repeated requests/mails. Later on, the official of the company asked the      complainants to return Membership ID card No.FLY19050565 for the purpose of refund of money. The complainants booked one registered AD letter bearing No.RH397073871IN dated 15.07.2019, at the address of the company, but same was returned undelivered with the report ‘Address left out the place’. Then they talked to the official of the company telephonically, who advised them to send the letter on another address, which was booked through registered AD letter bearing No.RH397074894IN dated 22.07.2019, but the same was also returned undelivered. The OP did not provide the movie tickets to the complainants and in the month of July, 2019 requested to watch movie on their own cost and assured to adjust the amount later on. But till date they have not refunded/adjusted the amount of the movie tickets. They also filed a complaint against the OPs, before the Police Authorities, which is still pending. During the pendency of the complaint before the Police, Shri Sandeep Singh, Director of Flyaway Holiday Club Private Ltd. has settled the matter with the complainants and agreed to return Rs.55,000/- in three installments of Rs.18,333/-and issued the cheques, but the cheques got dishonoured. Later on, Smt. Komal Vats, who was appointed as Director of the OP Company, also assured them for payment of cheque amount, but later on she resiled from her assurance. By not refunding the membership fee and cost of movie tickets, the OPs have not only committed deficiency in service, but also indulged into unfair trade practice. Hence, the present complaint.

2.                Separate notices were issued to OPs No.1 to 3, but none has turned up on their behalf, accordingly they were proceeded against ex parte vide orders dated 19.02.2020 and 18.11.2020.

3.                Complainant tendered affidavit of complainant No.1 as Annexure CA alongwith documents as Annexure C-1 to C-17 and closed the evidence on behalf of complainant.

4.                We have heard the complainants and carefully gone through the case file.

5.                From the application Form Annexure C-5, it is evident that the complainants had taken membership for 5 years of the Flyaway Holidays Club Pvt. Ltd i.e. OP No.1. The complainants had paid Rs.60,000/- as Membership Fee as is evident from the receipt No.46 dated 11.05.2019, Annexure C/2. The complainants have averred that the officials of the OP Company told them that the company is owned by Mr. Sandeep Singh and MR. Bishan Singh, who were providing holiday facilities for the last 12-13 years. However, on 17.05.2019, when they checked the current status of the company in question on internet, it was found that this Company got registered in December, 2018 only. Since, the officials/representatives of the OP Company sold the membership to the complainants by misrepresentation, therefore the complainants opted to cancel the membership and requested the OPs for refund of the Price thereof, but when nothing was done by the OPs, then they filed a complaint before the Police Authorities. Shri Sandeep Singh, Director of Flyaway Club Pvt. Ltd., settled the matter with the complainants and agreed to pay Rs.55,000/- in three equal instalments of Rs.18,333/- each and issued the cheques, in favour of the complainants, but the said cheque got dishonoured. By giving membership by misrepresentation and not refunding the membership fee, the OPs have not only committed deficiency in service, but also indulged into unfair trade practice. The contentions of the complainants went un-rebutted as the OPs inspite of service of the notice have preferred not to appear before this Commission. Meaning thereby, Ops have nothing to say in their defence, and thus, we have no other option, except to believe the version of the complainants, which is duly supported by their affidavits and other supporting documents. Since, the OPs have given the membership to the complainants by misrepresentation, therefore they are liable to cancel the membership and to refund the amount of Rs.60,000/-. However, no liability can be fastened against the OPs for refund of Rs.360/- for movie tickets, because the complainants have not placed on record any document regarding purchase of the said tickets. Be that as it may, the OPs by not refunding the amount of membership, which was given to the complainants by them by misrepresentation, have not only committed deficiency in service, but also indulged into unfair trade practice. The OPs are thus not only liable to refund the amount of the membership along with interest, but are also liable to compensate the complainant for the mental agony and physical harassment suffered by them along with litigation expenses.

6.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs in the following manner:-

1. To refund the amount of Rs.60,000/- i.e. membership fee to the complainants along with interest @ 5 % per annum from the date of filing of the present complaint till its realization.
2. To pay Rs.5,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.3,000/- as litigation expenses.

 

                   The OPs are further directed to comply with the aforesaid directions jointly and severally within the period of 45 days from the date of receipt of the certified copy of this order. Certified copy of this order be supplied to the parties, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 16.03.2021.

 

 

 

          (Vinod Kumar Sharma)        (Ruby Sharma)                   (Neena Sandhu)

              Member                             Member                            President