DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
FAZILKA.
Complaint No. CC/22/2024
Date of Institution: 19.02.2024
Date of Decision : 16.07.2024
Sunil Kumar aged about 33 years son of Sh.Krishan Lal, Resident of House No.607/297A, Near Cooperative Bank, Mandi Ladhuka, Tehsil and District Fazilka (Punjab).
……..Complainant Versus.
ForbClub Pvt. Limited, Plot No.738, JLPL, Industrial Area, Sector 82, Mohali, Punjab through its authorized person/manager.
.....Opposite Party
Complaint under section 35 of Consumer Protection Act 2019.
Quorum: Sh.Vishal Arora, President.
Sh.Raghbir Singh Sukhija, Member.
Smt.Tajinder Kaur, Member.
Present: Ms.Sonu Gaba, Advocate, Counsel for Complainant.
Opposite Party Exparte.
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ORDER
(Vishal Arora, President):
Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against opposite party for seeking directions to cancel membership and refund the total amount of Rs.1,80,000/- along with 24% interest P.A. from the date of payment till realization besides Rs.1,00,000/- as compensation for mental harassment/agony and litigation expenses to the tune of Rs. 11,000/-.
2. Briefly stated, the case of complainant is that the opposite party launched a travel system that enables members of opposite party to enjoy vacation in a flexible/customized manner and also issued holiday plan to their members around the globe under the name of Forb Club Travel Pleasure. The complainant as per advise of opposite party became a member of said plan and enrolled on 12.08.2021 with I.D. No.FCLP601032 at Sepal Hotel, Bathinda through officials of opposite party. The complainant also paid Rs.1,80,000/- through his bank account (by way of credit card type Visa), which was received by opposite party with an application no.601032. While joining the complainant as a member of the said scheme, opposite party offered special offer of holiday to complainant like refund of Rs.13,929.60 paisa in 90 days plus others, a
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fully paid holiday for Dubai for two adults, Rs.20,000/- shopping vouchers of Zara & Capson plus flight Rs.5,000/- travel vouchers every year for ten years. Special offer was given by opposite party online as well as in its application form no.601032 dated 12.08.2021 is as under:-
“Others -13929.60 refund in 90 days to 120 days others-Fully paid holiday Dubai for 2 Adults and Stay with Breakfast for 2 kids+ others- 20,000/- shopping vouchers Zara and Capsons + Flight-5000/- travel vouchers”.
It has further been pleaded that the complainant only enjoy the scheme of opposite party of holidays for just four days in Chevron Klassik Hotel, Ludhiana (June 2022 and November 2022) in the year 2022. Opposite party failed to fulfil the offers/commitments mentioned in the scheme on one pretext or the other. The complainant many times sent mail message from complainant’s mail ID sunnyraheja00@gmail.com to opposite party mail id mrd@forclub.com and made mobile phone calls to fulfil agreed offer but the opposite party failed to do so except by giving a refund of Rs.13,929/- to the complainant. But the other offers are yet to be fulfilled as mentioned in the scheme by opposite party. Till date, the complainant has not received any shopping vouchers of Zara and Capson company for an amount of Rs.20,000/- nor his family tour of Dubai was
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accepted. Even the complainant has submitted his application within stipulated time but the opposite party failed to accept his offer with a lame excuse. This all shows deficiency in service on the part of opposite party. The complainant has asked many times to refund the amount received on false promises after failing to abide by the offers provided by opposite party but the opposite party failed to refund the same. On 14.12.2023, a registered legal notice was served upon the opposite party by the complainant through his counsel Sh.Manoj Tripathi, Advocate, Fazilka. But despite receiving the said notice, till date the relief sought has not been given to complainant. Pleading deficiency in service and unfair trade practice on the part of opposite party, the complainant has prayed for acceptance of the present complaint.
2. The counsel for complainant was heard with regard to admission of the complaint and vide order dated 27.02.2024, the complaint was admitted and notice was ordered to be issued to the opposite party.
3. As per the office report available on the record of the District Commission, notice was sent to the opposite party on 28.02.2024 through Regd. Post but the RC was not received back. By presuming the service of notice within 7 days from the date of sending the notice, it was served upon the opposite party on 06.03.2024. But nobody appeared on behalf of
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opposite party either in person or through counsel on 21.03.2024, 04.04.2024 and 15.04.2024. Therefore, opposite party was proceeded against Ex-parte vide order dated 15.04.2024.
4. The complainant along with the present complaint has placed on record Affidavit of complainant Ex.C-1, Copies of, legal notice E.C-2, postal receipt & tracking status Ex.C-3 to Ex.C-4 respectively, Application Form Ex.C-5, payment conformation receipt cum cover details of the opposite party Ex.С-6, Axis Bank Sale Receipt Ex.C-7, Booking slips of Chevron Klassik Hotel, Ludhiana Ex.C-8 to Ex.C-9 and E-mails Ex.C-10 to Ex.C-19.
5. We have heard the Exparte arguments of the Ld. counsel for the complainant and have very carefully gone through the record.
6. Complainant in support of his claim besides his affidavit, has placed on file, Copies of, Application Form for purchase of Forb Club leisureship membership bearing application number 601032 Ex.C-5, payment conformation receipt cum cover details of the opposite party Ex.С-6, Axis Bank Sale Receipt of Rs.1,80,000/- Ex.C-7 which clearly goes on to prove the sale of classic leisureship category membership for a period of 12 years on 12.08.2021 by opposite party to complainant by charging a sum of Rs. 1,80,000/-. And he was allotted ForbClub
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Leisureship I.D No. FCLP601032 on receipt of an amount from him. The facilities/benefits to be provided under the plan as per application number 601032 and payment confirmation receipt cum cover detail of the opposite party Ex.C-5 and Ex.C-6 were:-
1. Rs.13929.60 refund in 90 days+others.
2. One fully paid holiday Dubai for 2 adults and stay with breakfast for 2 kids+others.
3. Rs.20,000/- shopping vouchers Zara and Capsons.
4. Flight – Rs.5000/- travel vouchers every year for 10 years.
5. Free visa processing for 12 years.
6. No Annual Maintenance charges (AMC).
However, the opposite party only provided 4 days of stay in Chevron Classik Hotel, Ludhiana in June 2022 and November 2022 as is admitted by the complainant and also proved from booking slip Ex.C-8 to Ex.C-9. Thereafter, vide mails dated 24.08.2022, 08.09.2022, 09.09.2022 and 01.11.2022 addressed to C.C. No.22 of 2024
conversation with Mr.Karan and Shiva from Accounts Department. And last mail dated 01.11.2022 was replied on 27.12.2022 by opposite party vide mail Ex.C-14 mentioning that opposite party has registered the request of complainant and working on his query and will update him as soon as possible but to no effect. Again vide mail dated 15.04.2023 and 20.11.2023 Ex.C-15 and Ex.C-17, demand regarding the same was made but not responded by the opposite party. Another request for booking of two rooms for three nights in Srinagar near Dal Lake with check-in on 16.06.2023 and check-out on 19.06.2023 Ex.C-16 was made to the opposite party but neither the said reservation was provided nor the mail was replied. Again vide mail dated 20.11.2023 Ex.C-19, a booking for fully paid trip from 15.01.2024 to 20.01.2024 was requested but to no effect. Finally vide mail dated 22.11.2023 Ex.C-18, a request for refund of the paid amount along with interest was made by the complainant because the opposite party has failed to fullfill the promises made at the time of selling the package.
Despite service, the opposite party did not appear to contest the complaint and opted to remain ex-parte. Complainant has placed on record unrebutted evidence and we have no reason to disbelieve the version put forward by the complainant.
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8. From the pleadings, evidence and the arguments advanced by the Ld.counsel for complainant, it stands established that the package in question was purchased by complainant from opposite party on 12.08.2021 by making payment of Rs.1,80,000/- but opposite party has failed to provide promised benefits and only provided a refund of Rs.13,929/- and 4 days stay at Chevron Klassic Hotel, Ludhiana which would approximately cost Rs.6000/-. So, refund and benefits amounting to Rs.20,000/- in total approximately have been provided to the complainant by opposite party despite deposit of Rs.1,80,000/- by the complainant on 12.08.2021 which amounts to deficiency in service and unfair trade practice on the part of opposite party. As such, the complainant is entitled to a sum of Rs.1,60,000/- along with suitable interest, compensation and litigation expenses.
9. In view of what has been discussed above, the present complaint is allowed ex-parte against opposite party with Rs.15,000/- as consolidated compensation for deficiency in service and unfair trade practice on the part of opposite party, harassment, mental tension & agony suffered by the complainant along with Rs.5000/- as litigation expenses. The opposite party is further directed to refund an amount of Rs.1,60,000/-along with interest @ 9% per annum from 12.08.2021 till actual realization
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within a period of forty five days from the date of receipt of copy of this order. If the payment is not made to the complainant by the opposite party within the stipulated period, then the awarded amount shall carry interest @ 12% per annum. Copy of order be issued to the parties free of costs as per law. File be indexed and consigned to the record room.
ANNOUNCED IN THE OPEN COMMISSION:
16th Day of July, 2024
(Vishal Arora)
President
(Raghbir Singh Sukhija)
Member
(Tajinder Kaur )
Member
