| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA CC No . 256 of 12-10-2020 Decided on :11-4-2023 Sushil Kumar aged about 38 years S/o Sh. Satpal, R/o #4775, St. No.4A, Ved Street, Nai Basti, Bathinda Tehsil & District Bathinda. ........Complainant Versus Forb Club Travel Pleasure, through its Chairman/ Managing Director, Regd. Office: Plot No.738, JLPL Industrial Estate, Sector 82, Mohali, 160055. Forb Club Travel Pleasure, through its Manager, Corp & Sales Office: SCO 116, Sector 47C, Chandigarh (U.T), 160047. Sh. Piyush Bhasin, Holiday Consultant, Forb Club Travel Pleasure, Corp & Sales Office: SCO 116, Sector 47C, Chandigarh (U.T), 160047. (deleted vide order dated 9-9-2021).
.......Opposite parties
Complaint under Section 35 of the Consumer Protection Act, 2019 QUORUM:- Sh.Lalit Mohan Dogra, President Sh. Shivdev Singh, Member Present:- For the complainant : Sh. M.K. Garg, Advocate. For opposite parties : Opposite parties No. 1 & 2 Ex-parte. Opposite party No.3 deleted. ORDER Lalit Mohan Dogra, President:- The complainant Sushil Kumar (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Forb Club Travel Pleasure and others (here-in-after referred to as opposite parties). Briefly stated the case of the complainant is that he was interested to purchase Holiday package Plan for himself and his family. He received a call from opposite party No. 3 in this regard and he told the complainant that opposite party No.1 is going to hold a presentation program at Hotel Stella, Bathinda, in the month of September 2019 and complainant went to attend that program with his wife Mrs. Reena Mittal. It is alleged that when complainant visited at Hotel Stella, opposite parties No. 2 & 3 were present there and they allured and assured the complainant and his wife to purchase 'Exclusive India' travel plan which is holiday package plan of opposite party No. 1, They made tall claims about the service of opposite parties No. 1 & 2 by saying that opposite party No. 1 is aimed to provide a variety of premium travel product at ultimate worth with customized services to form Travel with Pleasure, in conjunction with dedicated nonstop travel support. Trips, of opposite party No.1, carry people from all around the world and from all walks of life. It is alleged that acting on the assurance of opposite parties No.1 & 2, the complainant purchased 'Exclusive India' holiday package and also paid advance amount of Rs. 12,500/- on 26/11/2019 which was 10% of the total cost amount i.e. Rs. 1,25,000/-. It was agreed between the parties that remaining amount will be paid in 48 instalments through bank account via auto debit system. Customer Identity No. FCLP601418 was issued to the complainant. It is worth mentioning here that at that time 30 days free look period was also granted to the complainant by opposite parties No. 2 & 3, that means if the complainant, within 30 days from 26/11/2019, finds that the plan is worthless for him or the complainant does not want to carry with the plan due to any other reason than he has a option to cancel the plan and the advance amount paid by the complainant will be refunded within a week. It was also told to the complainant that he can cancel the plan by sending an e-mail in very simple language with the reason to discontinue the plan. It is further alleged that on 21.12.2019 (within 30 days from 26/11/2019), the complainant showed his inability, to continue the above said plan and intimated the opposite parties through an e-mail to discontinue his membership and requested to refund the amount of Rs. 12,500/-, but the opposite parties did not refund the amount of Rs. 12,500/- rather deducted Rs. 2344/- about two months after the intimation i.e. on 05th of February 2020 from the account of Mrs. Reena Mittal wife of the complainant which is an illegal act on the part of opposite parties No.1 & 2. It is also alleged that complainant repeately approached the opposite parties No. 1 & 2 and requested to admit his lawful claim, but opposite parties had failed and were making one or the other excuse without any justification and valid reasons. The complainant also got served legal notice upon the opposite parties on 24-2-2020 in this regard, but to no effect. The complainant alleged that he suffered mental agony and harassment due to act and conduct of the opposite parties for which he claims compensation to the tune of Rs.50,000/-. On this backdrop of facts, the complainant has prayed for directions to the opposite parties to refund Rs.14,844/- with @ 24% p.a. effect from 26.11.2019 onwards till the date of realisation and pay compensation of Rs.1,00,000/- besides Rs.33,000/- as litigation expenses. On the statement of learned counsel for complainant, name of opposite party No. 3 was deleted from the array of the opposite parties. Upon notice, at the initial stage of proceedings, Sh. Karan Wali, M.D of opposite parties No. 1 & 2 appeared and filed written version. Thereafter, none appeared on behalf of opposite parties No. 1 & 2, as such, exparte proceedings were taken against opposite parties No. 1 & 2. In written reply, opposite parties No. 1 & 2 have pleaded that package has been bought with the consent of complainant and his wife after reading all the terms and conditions. There are only.20-25 terms and conditions. The complainant attended 45 minutes presentation at Hotel Stella, Bathinda and after clarifying all his doubts and understanding whole concept, agreed to buy holiday Package with the consent of his wife. The package they bought named 'Exclusive India' in which they can avail the services in India as per the eligibility and under certain terms and conditions. The opposite parties No. 1 & 2 also pleaded that complainant is lying regarding the free look up period. Company is selling the holiday packages not the insurance. It is clearly mentioned in Member Application form that amount is non-refundable and non-adjustable and complainant is fully aware about this and after discussing for 45 minutes both agreed to buy the Holiday Package. Package Cost Rs. 1,25,000/- out of which down payment was 10% of the package i.e Rs.12,500/- and rest of the amount was to be paid in 48 instalments via auto debit System. The opposite parties No. 1 & 2 further pleaded that complainant has sent e-mail regarding cancellation of package which was replied by accounts department mentioning that amount is non-refundable and non-adjustable but if still complainant wants to cancel the package written mail was required but complainant failed to do. The opposite parties No. 1 & 2 have further pleaded that as per their record on Saturday, December 21, 2019 11:01 AM Company received an email from the complainant that he doesn't want to continue the membership without specifying any reason and on Mon 23-Dec-19 12:48 PM accounts team acknowledge and processed the cancellation process and also shared that the amount is non-refundable and asked for acknowledgement from the complainant's side but there was no revert. On 06 February 2020 14:46 company received a threatening mail from complainant that he will take legal action if the company didn't refund the amount. After that company still asked for complainant's acknowledgement to stop the ECS on Thu, Feb 6, 2020 at 2:42 PM. Finally on Thursday, Feb 6, 2020 at 4:09 PM customer acknowledged to cancel the membership. After that the ECS was stopped from March. It is further pleaded that the Company has never denied customer for any services but this is justified that the product is non-refundable as the company spends more money on venues for company to grow bigger and the product that company offers is already on very discounted price. The opposite parties added that they can't refund the amount as per the process and t&c but still they are ready to provide the services that have been committed and the same have been communicated to the complainant many times. During the enrollment on welcome call same message has been conveyed that the product is non-refundable but the complainant can utilize services at anytime. After controverting all other averments of the complainant, the opposite parties No. 1 & 2 prayed for dismissal of complaint. In support of his complaint, the complainant has tendered into evidence his affidavit dated 12.10.2020 (Ex. C-1) and documents (Ex.C-1 to Ex.C-10). We have heard learned counsel for the complainant and gone through the record. To prove his case, complainant has tendered into evidence his duly sworn affidavit and receipt regarding payment to the opposite parties. On the other hand, after having filed reply, the opposite parties No. 1 & 2 never appeared before this Commission. However, the plea taken by the opposite parties is that the amount received by the opposite parties is not refundable to the complainant as per application/membership application form but this Commission is of the view that such unreasonable conditions cannot be improsed upon the complainant by the opposite parties and it itself amounts business malpractice and deficiency in service. Moreover, the complainant has informed the opposite parties within one month to this effect that he is not interested to avail the scheme. It was obligatory on behalf of the opposite parties to have voluntarily refunded the amount. However, refusal on the part of the opposite parties to refund the amount with lame excuse of policy of non-refund of the amounts by taking benefit of some application form is of no help to the opposite parties. Accordingly, it is held that refusal to refund the amount of Rs. 14,844/- to complainant, amounts to deficiency in service on the part of the opposite parties. Accordingly, present complaint is partly allowed and opposite parties No. 1 & 2 are directed to refund the amount of Rs. 14,844/- alonwith interest @ 9% p.a. from the date of filing of this complaint till realization. The complainant is also held entitled to receive compensation of Rs. 2,000/- on account of mental agony, harassment and litigation expenses. The compliance of this order be made within 45 days from the date of receipt of copy of this order. The complaint could not be decided within the statutory period due to heavy pendency of cases.
Copy of order be sent to the parties concerned free of cost and file be consigned to the record room. Announced : 11-04-2023 ( Lalit Mohan Dogra) President (Shivdev Singh) Member
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