BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

 Complaint No.115 of 2022

      Date of Instt. 07.04.2022

      Date of Decision: 30.01.2023

Meenu Mahajan wife of Sh. Vinod Mahajan resident of House No.763, Karol Bagh, Near DIPS School Ladhewali Jalandhar-144007 (Punjab)

..........Complainant

Versus

Fortune Park Land Inn & Suites Pvt. Ltd. Corporate Office N-22, Lower Ground Floor, Kalkaji, New Delhi-110019 through its Managing Director.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)                                

Present:       Sh. Harish Mahajan, Adv. Counsel for the Complainant.

                   OP exparte.

Order

Jaswant Singh Dhillon (Member)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that on 16.01.2022, employees/associates of OP Mr. Anuj Kalra, Mr. Kayyum approached the son of Complainant namely Sakul Mahajan regarding accommodation package of Jalandhar. Above said persons told the son of complainant that if the above said package is received in the name of female member of his family, he will get extra benefit of about Rs.10000/-. They further informed that the complainant shall get 50 Nights accommodation package in five years all over India and the Complainant can avail 21 Nights in a year. Due to the inducement of the above said persons on the above said terms the son of the complainant agreed to their oral proposal. The above said persons swiped debit card of the son of Complainant with one Rupee and they converted a sum of Rs.82,940/- in 12 installments with Rs.6911/- as monthly installment and also pressurized complainant to sign on one agreement without narrating the terms and conditions of the same and rater by giving false and misleading information to the complainant and his son. Complainant thus this way hired the services of opposite party is consumer of OP. While coming back to home, when the son of complainant read the letter handed over by the above said persons, it revealed that the complainant can avail maximum 7 Nights in a year. Thus, it is clear that oral version of the above said persons was totally different than what was written in the above said letter. The membership number of complainant issued by opposite party is PPVJH700540. This act of the above said persons was fraudulent, misleading and against the principles of natural justice, which makes it clear that there is deficiency in service and unfair trade practice on the part of opposite party and is sheer attempt to trap innocent consumer. The complainant thereafter sent OP email dated 17.01.2022 and also two emails on 18.01.2022 intimating opposite party for cancellation of membership but OP had been putting off the 2022matter on one pretext or the other. It is pertinent to mention here that opposite party has got a sum of Rs.75,000/- on 20.01.2022 through the bank account of the son of complainant, which is in HDFC Bank Branch Rama Mandi Jalandhar. It is relevant to mention here that employees of opposite party intimated complainant that she will have to pay monthly installment of Rs.6911/- to their company and this was misstated by them as infact they by swiping the debit card raised loan on behalf of the complainant from the bank. Opposite Party have managed to get entire amount of Rs. 75000/- from complainant and complainant is now liable to pay monthly installment of Rs.6911/- to its banker. The complainant also issued a legal notice dated 25.01.2022 through her counsel through registered post and the registered cover was returned back by opposite party with the remarks incomplete address although the registered cover carried a proper address of opposite party. The Complainant again issued a legal notice dated 02.02.2022 through her counsel through registered post, which was received by the opposite party, but till date opposite party has failed to redress the grievance of complainant. Due to act and conduct of the opposite party, the complainant was subjected to physical torture and mental harassment and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OP be directed to cancel the membership of complainant bearing No.FPVJH700540 and to return her amount of Rs.75,000/- alongwith interest. Further, OP be directed to pay a compensation of Rs.50,000/- for causing mental tension and harassment to the complainant and Rs.20,000/- as litigation expenses.

2.                Notice of the complaint was given to the OP, but despite service OP failed to appear and ultimately OP was proceeded against exparte.

3.                In order to prove the case of the complainant, the counsel for the complainant tendered into evidence duly sworn affidavit of the complainant Ex.CA alongwith some document Ex.C-1 to Ex.C-9.

4.                We have heard the learned counsel for the complainant and have also gone through the case file very minutely. 

5.                In nutshell, the case of the complainant is that the complainant took a package on the inducement of the employees of the OP. As per this package, the complainant shall get 50 nights accommodation in five years all over India and the complainant can avail 21 nights in a year. The employees of the OPs swiped debit card of the son of Complainant with one Rupee and they converted a sum of Rs.82,940/- in 12 installments with Rs.6911/- as monthly installment and also pressurized complainant to sign on one agreement without narrating the terms and conditions of the same and by giving false and misleading information to the complainant and his son. But when the son of the complainant read the letter, it revealed that the complainant can avail maximum 7 nights in a year, which is totally different from oral version of the employees of the OPs. Thereafter, complainant sent an email dated 17.01.2022 and two emails on 18.01.2022 for cancellation of the membership, but all in vain.

6.                The complainant produced on record Ex.C1 ownership application form, Ex.C-2 Copy of Vacation Purchase Agreement, Ex.C-3 Copy of emails and Ex.C-4 copy of legal notice. The complainant has also produced on record Refund Policy, in which it is clearly mentioned that ‘in case of any valid point of dissatisfaction, customers can cancel their membership within 5 days of availing their first holiday by writing to us at

7.                On the other hand, the OP has not come to contest the case. So, the version of the complainant remained un-rebutted and un-challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by her own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-8.

8.                In view of the above detailed discussion, we are of the opinion that complaint deserves to be allowed and accordingly, the complaint of the complainant is partly allowed and OP is directed to cancel the membership of complainant and to return an amount of Rs.75,000/- alongwith interest @ 6% per annum from the date of availing the said package. Further, OP is directed to pay a compensation including litigation expenses of Rs.8000/- for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

9.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

30.01.2023         Member                          Member           President