BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 297 of 2017
Date of Institution: 12.05.2017
Date of Decision: 17.10.2017
Rajesh Wahi son of Sh.Jugal Kishore, aged 56 years, resident of 14, Joshi Colony, Lawrence Road, Amritsar.
Complainant
Versus
- Holiday World India (A unit of Holiday World Club & Resorts Private Limited) Branch Office at Hotel Park Inn by Radisson Blue, Opposite International Airport, Ajnala Road, Amritsar through its Managing Director/ Authorised Signatory.
- Holiday World India (A unit of Holiday World Club & Resorts Private Limited) Chamber No.1204, 12th Floor, Ansal Tower, Nehru Place, New Delhi through its Managing Director/ Authorized Signatory.
Opposite Parties
Complaint under section 11 & 12 of the Consumer Protection Act, 1986 (as amended upto date).
Present: For the Complainant: Sh.Sushil Sharma, Advocate.
For the Opposite Parties : Exparte.
Coram
Mr.Anoop Sharma, Presiding Member
Ms.Rachna Arora, Member
Order dictated by:
Ms.Rachna Arora, Member.
1. The complainant has brought the instant complaint under section 11 & 12 of the Consumer Protection Act, 1986 on the allegations that on 7.8.2016 the complainant received a phone call from Opposite Party No.1 and he was invited by the sales team of Opposite Party No.1 at his branch office situated at Hotel park Inn by Radisson Blue, Opposite International Airport, Ajnala Road, Amritsar to collect his holiday gift voucher and accordingly a text message was also sent to his mobile number. He was allotted a code No.MLD-2011. The complainant alongwith his wife went to their branch office and met the Sales team of Opposite Party No.1. There, the Sales Team of the respondent allured, misrepresented and misguided the complainant and enjoyment in life for himself and his family members if he becomes a member of their holiday world India. The complainant was asked to pay Rs.15,000/- one time payment for their holiday membership vide which they can stay and enjoy 6 nights and 7 days in their various resorts and hotels for two years without any annual and maintenance charges. At that time, they did not explain and show any terms and conditions of becoming a member nor any agreement was entered into between the parties. However, on their misrepresentation and allurement, the complainant showed his willingness to become a member of the Opposite Party and he paid total amount of Rs.15,000/- to the respondent in their branch office. The above said amount was paid by the complainant through his HDFC bank Credit Card on the same day. Thus, he hired the services of Opposite Party for consideration, is a consumer as defined under the Act. The complainant received a Welcome Letter dated 10.9.2016 received on 20.9.2016 from the Opposite Party vide which he has allotted a membership No.PBAS2016HW11182T. The complainant was shocked and surprised when he read the contents of this letter. There is a clause on the backside of that letter vide which the complainant was asked to pay annual maintenance charges. Moreover, the term of his membership was also reduced to year 2016 only instead of two years. The complainant immediately contacted their branch office and he was asked to contact on their customer care number. He made many complaints, but they gave no response. Ultimately, the complainant wrote a letter dated 25.9.2016 i.e. after 5days of receipt of the Welcome Letter reiterating all the facts and requesting the Opposite Party to refund his amount within 20 days. Moreover, on e-mail dated 25.9.2016 was also written to Opposite Parties reiterating the same facts. But till date neither they given any response nor they refund the hard earned amount of the complainant. The complainant was running from pillar to post to get back his money from the Opposite Parties, but they sat heedless to the genuine request of the complainant. The aforesaid act of the Opposite Party amounts to a great negligence, carelessness, deficiency in service and unfair trade practice due to which, the complainant has suffered a great mental pain a great mental pain, agony harassment, tension inconvenience, at their hands for which he is legally entitled to the compensation. The complainant has prayed for the following reliefs through the instant complaint.
a) Opposite Party be directed to refund the amount to the complainant and to make full payment of Rs.15,000/- with interest on it @ 18% per annum, as they have illegally withheld the said amount for a long period.
b) Opposite Party be directed to pay compensation of Rs.20,000/- to the complainant for suffering mental pain, agony, harassment, tension and financial loss as well as at their hands due to deficiency in service.
c) Costs of the proceedings Rs.11,000/-.
d) Any other relief to which the complainant is found entitled to under the law and equity.
Hence, this complaint.
2. Upon notice, inspite of due service, none put in appearance on behalf of Opposite Parties and as such, the Opposite Parties were ordered to be proceeded against exparte.
3. In his bid to prove the case, complainant tendered his duly sworn affidavit Ex.C1 in support of the allegations made in the complaint and also produced copy of bank receipt Ex.C2, copy of receipt issued by Opposite Party Ex.C3, copy of postal receipt Ex.C4, copy of letter written by complainant Ex.C5, copy of welcome letter Ex.C6, copy of SMS received by the complainant Ex.C7 to Ex.C9 and closed the exparte evidence.
4. We have heard the ld.counsel for the complainant and have carefully gone through the evidence on record.
5. From the appraisal of the evidence on record, it becomes evident that on 7.8.2016 the complainant received a phone call from Opposite Party No.1 and he was invited by the sales team of Opposite Party No.1 at his branch office situated at Hotel park Inn by Radisson Blue, Opposite International Airport, Ajnala Road, Amritsar to collect his holiday gift voucher and accordingly a text message was also sent to his mobile number. He was allotted a code No.MLD-2011. The complainant alongwith his wife went to their branch office and met the Sales team of Opposite Party No.1. There, the Sales Team of the respondent allured, misrepresented and misguided the complainant and enjoyment in life for himself and his family members if he becomes a member of their holiday world India. The complainant was asked to pay Rs.15,000/- one time payment for their holiday membership vide which they can stay and enjoy 6 nights and 7 days in their various resorts and hotels for two years without any annual and maintenance charges. At that time, they did not explain and show any terms and conditions of becoming a member nor any agreement was entered into between the parties. However, on their misrepresentation and allurement, the complainant showed his willingness to become a member of the Opposite Party and he paid total amount of Rs.15,000/- to the respondent in their branch office. The above said amount was paid by the complainant through his HDFC bank Credit Card on the same day. Thus, he hired the services of Opposite Party for consideration, is a consumer as defined under the Act. The complainant received a Welcome Letter dated 10.9.2016 received on 20.9.2016 from the Opposite Party vide which he has allotted a membership No.PBAS2016HW11182T. The complainant was shocked and surprised when he read the contents of this letter. There is a clause on the backside of that letter vide which the complainant was asked to pay annual maintenance charges. Moreover, the term of his membership was also reduced to year 2016 only instead of two years. The complainant immediately contacted their branch office and he was asked to contact on their customer care number. He made many complaints, but they gave no response. Ultimately, the complainant wrote a letter dated 25.9.2016 i.e. after 5 days of receipt of the Welcome Letter reiterating all the facts and requesting the Opposite Party to refund his amount within 20 days. Moreover, on e-mail dated 25.9.2016 was also written to Opposite Parties reiterating the same facts. But till date neither they given any response nor they refund the hard earned amount of the complainant. The complainant was running from pillar to post to get back his money from the Opposite Parties, but they sat heedless to the genuine request of the complainant. The aforesaid act of the Opposite Party amounts to a great negligence, carelessness, deficiency in service and unfair trade practice due to which, the complainant has suffered a great mental pain a great mental pain, agony harassment, tension inconvenience, at their hands for which he is legally entitled to the compensation. The evidence produced by the complainant has gone unrebutted on record as the Opposite Party, despite due service, did not opt to appear and contest the proceedings. In this way, the Opposite Party has impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Party has no defence to offer or defend the complaint. The complainant has sought for refund of amount of Rs.15,000/- alongwith interest besides compensation to the tune of Rs.20,000/-. In our considered view, the Opposite Party is liable to refund the amount of Rs.15,000/- to the complainant. But however, the claim for compensation to the tune of Rs.20,000/- is concerned, the same appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant. In our considered view, ends of justice would be fully met if the complainant is awarded compensation to the tune of Rs.3000/- and we award the same accordingly. Besides this, the complainant is also entitled to litigation expenses to the tune of Rs.1000/-. Opposite Parties are granted one month time to comply with the order, failing which the awarded amount shall carry interest @ 6% per annum from the date of passing the order until full and final payment. The complaint stands allowed exparte accordingly. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
