…Opposite party
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. B.R.Sharma, counsel for the complainant.
Sh. Sunil Dixit, counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the on 21.10.2021 Mr. Prince and Mr. Abhishek, authorized representatives of Future Choice club/opposite party visited complainant Mrr. Arun Mittal in Radisson Blu, Faridabad and offered him the membership of their club i.e. Future Choice club for a one time fees of Rs.2,60,000/- with the terms and conditions mentioned in the purchase agreement. The complainant Mr. Arun Mittal wanted to discuss with his family members before purchasing the above said membership and requested the above mentioned representatives of the opposite party that they should come on the next day but they assured him that purchase agreement could be cancelled/terminated by the purchaser/complainant any time within the period of 07 days from the date of purchase and the full membership fees of Rs.2,60,000/- should be refunded immediately to the complainant without any deduction of any kind. On the above mentioned assurance given by the opposite party regarding the provision of termination of the above purchase agreement within 07 days and thereby refund of full amount of Rs.2,60,000/- to the complainants by the opposite party in case of termination, complainants purchased the membership of opposite party’s club and paid full amount of Rs.2,60,000/- to the opposite party as per the receipt issued by the opposite party to the complainants. After reaching home complainant discussed with his family members about the purchase of above mentioned membership of opposite party’s club and there after decided to terminate this purchase agreement on the same day i.e. 21.10.2021 and informed the opposite party about their decision of terminating this purchase agreement through phone call and email and requested the opposite party to refund the full amount of Rs.2,60,000/- without any deductions of any kind as per the assurance given by above mentioned authorized representative of the opposite party. On 26.10.2021 at about 12:05p.m. complainant Mr. Arun Mittal visited the office of the opposite party. He met Mr. Dharmendra and requested him to refund the full purchase amount of Rs.2,60,000/- as per the terms and conditions of the above mentioned purchase agreement. After meeting with Mr. Dharmendra as mentioned above complainant Mr. Arun Mittal was assured that very soon management would give positive response to refund the above mentioned amount of Rs.2,60,000/- but no response was ever received from the opposite party by the complainant. The complainant sent legal notice dated 10.08.2022 to the opposite party through speed post but all in vain. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) Refund of Rs.2,60,00/- paid as purchase amount for the said membership of Future Choice Club with interest from the date of its payment till realization @ 12% p.a..
b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .
c) pay litigation expenses to the complainant.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the Ld. Forum lakes jurisdiction in the present complaint as the agreement between the parties, clearly states that in case of any dispute arising between the parties, the complainant may invoke Arbitration clause. It was submitted that the complainant herein out of her own will and volition opted for the service of the opposite party and it was an afterthought that the complainant herein had approached this Ld. Forum. It was submitted that the complainant walk in the hotel Radisson Blue, Faridabad where marketing programme organized by the opposite party and their representatives. It was submitted that the complainant met with representative of the opposite party and interest shown to have the membership of the opposite party for their family, it was submitted that after request of the complainant the representative of opposite party gave the membership to the complainant as Studio/Gold membership and make payment of Rs.2,60,000/-. It was submitted that the opposite party did not promise anything to the complainant except for what had been agreed between the parties as per the terms of the contract. It was also submitted that the complainants had all times of the world to think about the contract and the execution of the said contract had been signed by the complainant after verification. The representative of the opposite party clearly told to the complainant about the cancellation/termination policy of the opposite party club which was as per the terms and conditions of the agreement dated 21.10.021.Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party–Future Choice club with the prayer to: a) Refund of Rs.2,60,00/- paid as purchase amount for the said membership of Future Choice Club with interest from the date of its payment till realization @ 12% p.a.. b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment . c) pay litigation expenses to the complainant.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Arun Mittal, Ex.CW1/1 & CW1/2 – Aadhar cards, Ex.CW!/3 (colly) – Purchase agreement,, Ex.CW1/4 (OSR) – Approval form,, Ex.CW1/5 (OSR) – receipt,, Ex.CW1/6 - Membership certificate,, Ex.CW1/7(colly) – email, Ex.CW1/8 – legal notice dated 10.08.2022, Ex.CW1/9 – postal receipt, Ex.CW1/10 – track consignment
On the other hand counsel for the opposite party strongly agitated and opposed. As per the evidence of the opposite party Ex.RW1/A – affidavit of Shri Avinash Sharma, Director/A.R of opposite party. Ex.R1 (colly) – Adhar card, Ex.R-2 - Bard resolution, Ex.R-3 – Purchase agreement .
6. As per the terms and conditions vide Ex.CW1/3 (colly), it has been mentioned in paras 5 that “All bookings are to be made through email alone at reservation @futurechoiceclub.com in case of joint applicant, purchaser can request for a booking. The customer care team would contact and subject to availability would process the booking and the confirmation voucher would be sent to the primary applicant. Booking one confirmed will not be cancelled under any circumstances whatsoever and would be treated as availed bookings for yearly availed period i.e 6 night/7 days. It is evident from email dated 22nd Oct.2021 vide Ex.CW1/7(colly) in which it has been mentioned that “…I was told that you will receive a call from our back end team and you can stop the process. I am request for cancellation right away and for full refund of my money.”
7. Keeping in the above submissions, the Commission is of the opinion that that the complaint is disposed off with the direction to opposite party to deduct Rs.10,000/- as administrative charges form the paid amount and pay the remaining amount to the complainant within 30 days from the date of receipt of copy of order. The opposite party is also directed to pay Rs.2200/- as compensation on account of mental tension, agony and harassment alongwith Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of order. Copy of this order be given to the parties concerned free of costs and file be consigned to record room.
Announced on: 20.07.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
