Haryana

Karnal

CC/200/2021

Satish Kumar Gupta - Complainant(s)

Versus

Fortune Holidays Inn & Suites - Opp.Party(s)

Rajnish Batra

14 Sep 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                          Complaint No. 200 of 2021

                                                          Date of instt.05.04.2021

                                                          Date of Decision 14.09.2022

 

Satish Kumar Gupta son of Shri Kashmiri Lal Gupta, resident of House no.677, Sector 7, Urban Estate, Karnal. (age about 63 years) Aadhar card no.885198276024. Mobile no.94166-55177.

 

                                                 …….Complainant.

                                              Versus

 

1.     Fortune Holidays Inn & Suites, B-49 B, L/P Kalkaji, New Delhi-110019 through its Manager/Partner/Proprietor/Authorized Person/M.D.

 

2.     Prem Plaza Hotel and Banquet, Railway Road, Karnal through its Authorized Person.

                                                                    …..Opposite Parties.

 

      Complaint u/s 35 of the Consumer Protection Act, 2019

 

Before   Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

      Dr. Rekha Chaudhary…..Member

 

 Argued by: Shri Rajnish Batra, counsel for the complainant.

                    Opposite parties exparte.

 

                (Jaswant Singh President)

 

ORDER:                    

 

                        The complainant has filed the present complaint u/s 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant remained Government servant and retired from Government College, Gharaunda, District Karnal. On 24.01.2021, the complainant received a telephonic call from OP no.1 on the pretext that the complainant has won a gift voucher of Tour programme and called him for collecting the same at 6.30 p.m. at Prem Plaza Hotel, Railway Road, Karnal. On reaching at the abovesaid place, the staff members of the OP no.1 offered the complainant a membership/package as per scheme of OP no.1. The staff of the OP no.1 also assured and explained to the complainant that if in any case the complainant will not be interested in the said package, then the amount of package received by them will be refunded to the complainant. On the assurance of OP no.1, complainant paid a sum of Rs.40,416/- to the OP no.1 through SBI debit card. Again on 30.01.2021, the complainant paid a sum of Rs.1,00,000/- through his credit card in the bank account of OP no.1. In the regard OP no.1 had issued receipts to the complainant. On 31.01.2021, complainant met with the staff of OP no.1 at hotel Leela Grand, Kunjpura Road, Karnal and requested to cancel his tour programme and refund the amount of Rs.1,40,416/- to him because his family members did not like the said package. The request of complainant was acceded by the OP no.1 and sent an email dated 31.01.2021 and refund request of complainant was accepted but OP no.1 has not refunded the amount and in another email OP no.1 said that they have terminated his membership as per his request and refund will be paid within 2 working days. After waiting 2 days, complainant did not receive even a single penny out of the abovesaid amount paid by him to the OP no.1. Thereafter, complainant received an email from the office of OP no.1 to the effect that “kindly ignore the previous emails regarding the termination”. It is further mentioned that “the mail marked earlier regarding termination was due to miscommunication regarding the membership as now they have not received approval regarding the refund initiation from the higher authority. Thus, the OP no.1 refused to return the aforesaid amount of complainant. In this way there is deficiency in service and unfair trade practice on the part of the OP no.1. Hence complainant filed the present complaint seeking direction to the OP no.1 to refund the amount of Rs.1,40,416/- alongwith interest @ 12% per annum from the date of deposit till its realization and also to pay Rs.1,00,000/- on account of compensation for mental pain, agony and harassment.

2.             On notice, OPs did not appear and proceeded against exparte, vide order dated 22.04.2022 of the Commission.

3.             Complainant has tendered into evidence his affidavit Ex.CW1/A, copy of application form Ex.C1, copy of receipt of amount of Rs.40,416/- Ex.C2, copy of receipt of amount of Rs.one lakhs Ex.C3, copy of emails dated 31.01.2021, 31.01.2021 and 02.02.2021 Ex.C4 to Ex.C6, copy of police complaint dated 03.02.2021 Ex.C7, copy of legal notice dated 04.03.2021 Ex.C8, registered AD/postal receipts Ex.C9 and closed the evidence on 18.07.2022 by suffering separate statement.

4.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

5.             As per the version of the complainant, OP no.1 offered a membership/package to the complainant. OP no.1 also assured the complainant that if in any case the complainant will not be interested in the said package, then the amount of package received by them will be refunded to the complainant. On the assurance of OP no.1, complainant paid a sum of Rs.40,416/- and Rs.1,00,000/- to the OP no.1. On 31.01.2021, complainant met with OP no.1 and requested to cancel his tour programme and refund the amount of Rs.1,40,416/- to him because his family members did not like the said package. The request of complainant was acceded by the OP no.1 and sent an email dated 31.01.2021 and refund request of complainant was accepted but OP no.1 has not refunded the amount and in another email OP no.1 said that they have terminated his membership as per his request and refund will be paid within 2 working days but OP no.1 did not refund the abovesaid amount. Thereafter, complainant received an email from OP no.1 to the effect that the mail marked earlier regarding termination was due to miscommunication regarding the membership as now they have not received approval regarding the refund initiation from the higher authority and lastly prayed for allowing the complaint.

6.             To prove his version complainant has relied upon the documents Ex.C1 to Ex.C9. It is evident from the copy of application form Ex.C1, complainant has taken the Holidays Package from the OP no.1. It is also evident from the receipts Ex.C2 and Ex.C3, complainant deposited Rs.40416/- and Rs.1,00,000/- for the Holidays Package respectively. It is also evident from the email dated 31.01.2021 Ex.C4, the OP no.1 has terminated the Membership of complainant. It is also evident from the email dated 31.01.2021 Ex.C5 due to termination of membership, the refund request has already been initiated and within 2 working days complainant will get the amount of Rs.1,40,416/-. It is also evident from email dated 03.02.2021 Ex.C6, OP has cancelled the termination of membership of complainant and refused to refund the amount. It is also evident from the copy of police complaint dated 03.02.2021 Ex.C7, complainant complained the police against the OPs. On perusal of the abovesaid emails, OP no.1 firstly has agreed to refund the amount deposited by the complainant and lateron refused to pay the same.

7.             To rebut the evidence produced by the complainant, OPs did not appear and opted to be proceeded against exparte. Thus, the evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same.

8.             In view of the above discussion, the act of the OP no.1 amounts to deficiency in service and unfair trade practice. Thus, OP no.1 is liable to refund the amount deposited by complainant alongwith compensation for harassment, mental agony and litigation expenses to the complainant.

9.             Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP no.1 to refund the amount of Rs.1,40,416/- to the complainant alongwith interest @ 9% per annum from the date of deposit till its realization. We further direct the OP no.1 to pay Rs.20,000/- to the complainant on account of mental agony and harassment suffered by him and Rs.5500/- for the litigation expense. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:14.09.2022                                                                      

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Rekha Chaudhary)

                          Member                      Member