BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No. 604 of 2014

Date of Institution: 18-11-2014

Date of Decision: 18-08-2015  

Arjinder Singh son of Kashmir Singh, resident of 37 FF, HIG Flats, B Block, New Amritsar.

Complainant

Versus

1. Hotel H.K.Clarks Inn, Ranjit Avenue, Amritsar through its Proprietor/ Partner/ Manager.
2. Mr.Samir Kaushal, Team Member, Jukaso Journeys, Hotel Clarks Inn, Ranjit Avenue, Amritsar.
3. Mr.Ankur Sharma, Take Over Manager, Hotel Clarks Inn, Ranjit Avenue, Amritsar.
4. Ankur Sharma, Take Over Manager, Jukaso Resorts Private Limited, SCO 10-11, 2^nd Floor, Feroz Gandhi Market, Ludhiana.
5. Jukaso Resorts Private Limited, Corporate Office, I.T.Composite Tower, Plot No.1, I.D.C.Mehrauli Road, Gurgaon, Haryana.   

Opposite Parties

Complaint under section 12 & 13 of the Consumer Protection Act.

Present: For the Complainant: In person.

              For the Opposite Party No.1: Sh. Vipan Bhasin, Advocate

              For the Opposite Parties No.2 to 5: Exparte.

Quorum:

Sh.Bhupinder Singh, President

Ms.Kulwant Kaur Bajwa, Member

Mr.Anoop Sharma, Member     

Order dictated by:

Sh.Bhupinder Singh, President.

1. Present complaint has been filed by Sh.Arjinder Singh  under the provisions of the Consumer Protection Act alleging therein that he received a call from Jikaso Journeys, Hotel Clarks, Ranjit Avenue, Amritsar and on 19.7.2014, he visited the said hotel  and met with Mr.Samir and Mr.Ankur Sharma- Opposite Parties  No.2 and 3 who allured the complainant for joining their company and accordingly the Opposite Parties  No. 2 and 3 got deposited Rs.29,880/- from the complainant  swiping his card bearing card No. 4346782001045788 and debited Rs.29,880/- without the permission and consent of complainant. On the very next day, the complainant made request to the Opposite Parties  for the refund of the deposited amount as he was not agreed with the aforesaid contract. Thereafter, on various requests and visits, Mr.Samir Opposite Party No.2 told the complainant that they can only refund the money after deducting processing fee i.e. 40% of the total money i.e. Rs. 11952/-. The complainant  requested the Opposite Parties  that he has not purchased anything from the company and money was being deduced with fraudulent manner. Complainant further alleges that as per the terms and conditions of the company on Membership rules part C General Conditions 6, termination 6.1 that the company can only deduct an amount of Rs.3000/- as processing fee if the complaint is written within 10 days and the company will refund the balance amount within 45  days. Complainant also sent e-mail on 21.7.2014 to the Opposite Parties  for the refund of the money. Complainant again wrote a registered letter on 23.7.2014 in this regard.  Thereafter, the complainant time and again sent e-mails and made telephonic calls to the office of Opposite Parties  at Ludhiana as well as Gurgaon, for the refund the money, but the Opposite Parties  did not pay any heed to the request of the complainant.  Alleging the same to be deficiency in service, complaint was filed seeking directions to the Opposite Parties  to refund Rs.29,880/- to the complainant alongwith interest @ 12% per annum. Compensation and litigation expenses were also demanded.
2. On notice, Opposite Party No.1 appeared and filed written version in which it was submitted that the complaint is not maintainable against Opposite Party No.1 as Opposite Party No.1 has nothing to do with Opposite Parties  No.2 to 5. Opposite Party No.5- company  had only booked the hall of Opposite Party No.1 for 19.7.2014 and 20.7.2014. What Opposite Party No.5 does or what transpired between the complainant and Opposite Party No.5 and its officials, the answering Opposite Party No.1 has nothing to do with the same. There is no privity of contract between complainant and Opposite Party No.1. Opposite Party No.1 is neither concerned nor has taken any share from out of the amount of Rs.29,880/- alleged to have been taken from complainant by Opposite Parties  No.2 to 5. The complainant has no cause of action against Opposite Party No.1 While denying and controverting other allegations, dismissal of complaint was prayed.
3. None appeared on behalf of Opposite Parties No.2 to 5, so Opposite Parties  No. 2 to 5 were proceeded against exparte vide order dated 7.1.2015 of this Forum. 
4. Complainant tendered into evidence his affidavit Ex.C1 alongwith documents Ex.C2 to Ex.C6 and closed the evidence on behalf of the complainant.
5. Opposite Party No.1 tendered into evidence affidavit of Sh.Charanjit Singh Chadha, CEO Ex.OP1/1 and  closed the evidence on behalf of the Opposite Party No.1.
6. We have carefully gone through the pleadings of the parties; arguments advanced by the complainant and ld.counsel for the Opposite Party No.1 and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for Opposite Party No.1.
7. From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that on the asking of Opposite Parties  No.4 and 5, the complainant joined Jukaso Resorts Private Limited, by making payment of Rs.29,880/- on 19.7.2014 through debit card, as is evident from application form submitted by the complainant Ex.C2 and receipt of  payment through HDFC Bank Credit Card, Bata Chowk, Gurgaon Ex.C6. However, the complainant was not satisfied with the terms and conditions of the Opposite Parties  and he immediately  through telephonic message on the same day i.e. 19.7.2014 told to the Opposite Parties  No.4 and 5 and requested for the termination of the membership and  refund of the amount, but Opposite Parties  No.4 and 5 did not pay any heed to the request of the complainant which amounts to deficiency in service on the part of the Opposite Parties qua the complainant. The complainant has also produced on record the rules and regulations of the Opposite Parties  Ex.C3 and as per Part C: General Conditions, Rule 6 regarding termination, “withdrawal of application for membership shall be permitted within the reasonable period which is 10 days from the date of execution/ signing of the membership application form. If person applies for the termination of the membership within 10 days from the date of application of membership firm, the  Jukaso Resorts Private Limited shall refund the amount received from the member towards membership fee after deducting the processing fee of Rs.3000/- and that too within 45 days from the date of receipt of application for withdrawal/ termination of the membership.” The complainant has also produced on record letter written by the complainant to Opposite Party No.5 dated 20.7.2014 Ex.C4 in this regard as well as letter dated 21.7.2014 Ex.C5 through e-mail, but the Opposite Parties  did not refund the amount to the complainant after deduction as permissible under the rules Ex.C3 of Opposite Parties No.4 and 5, whereas Opposite Parties  No.1 to 3 who are the administrator of Hotel H.K.Clarks Inn, Ranjit Avenue, Amritsar have no part to play in this agreement/ contract between the complainant and Opposite Parties No.4 and 5. They had only rented out the room of Hotel H.K.Clarks Inn for meeting of Opposite Parties No.4 and 5.
8. Evidence produced on record by the complainant remained unrebutted and unchallenged because Opposite Parties No.4 and 5 did not turn up nor filed any written version to rebut the case of the complainant nor any person from Opposite Parties No.4 and 5 dared to file any affidavit to undo/ deny the case of the complainant. So, from the entire above discussion, it stands fully proved on record that the complainant in order to became the member of  Jukaso Resorts Private Limited of Opposite Parties No.4 and 5 filled in application form Ex.C2 and deposited fee of Rs. 29,880/- on 19.7.2014 through HDFC  Bank Credit Card, Bata Chowk, Gurgaon Ex.C6 which was duly sent by the complainant to Opposite Party No.4 through registered post on 23.7.2014 and the complainant has produced on record its postal receipt. Tthe complainant was not satisfied with the terms and conditions/ rules of the Opposite Parties and he immediately through telephone on the same day told to Opposite Parties No.4 and 5 that he does not want to become the member of Opposite Parties No.4 and 5 and wants to terminate the membership. He also wrote letter in this regard to Opposite Party No.5 on the next day i.e. 20.7.2014 Ex.C4 and also sent letter through e-mail dated 21.7.2014 to Opposite Parties No.4 and 5, Ex.C5, but Opposite Parties No.4 and 5 did not refund the amount to the complainant. As per rules of Opposite Party No.5 Ex.C3, if the member wants to withdraw his application of membership within 10 days from the date of execution of membership application, then the Opposite Party shall refund the deposited amount after deducting processing fee of Rs.3000/- as is evident from Part C, General Conditions, Rule 6 regarding termination of the membership, but the Opposite Parties  did not refund the amount of the complainant after deducting the processing fee. So, as per rules of Opposite Parties Ex.C3 i.e. Part C, General Conditions, Rule 6 and rule 6.1 regarding termination of the membership, if the member applies for  withdrawal of application within 10 days from the date of execution of the membership application, the Opposite Parties  shall refund the fee after deducting processing fee of Rs.3000/-. In the present case, the complainant filled and signed the membership application form Ex.C2 on 19.7.2014 and he applied for termination/ withdrawal of application for membership on the next day i.e. 20.7.2014 vide application Ex.C4 and through e-mail dated 21.7.2014 Ex.C5. So, Opposite Parties No.4 and 5 were bound to refund the amount of fee deposited by the complainant, after deducting the processing fee of Rs.3000/-. The complainant has  deposited Rs.29.880/- with the Opposite Parties  through credit card as per receipt Ex.C6 on 19.7.2014, so the opposite Parties No.4 and 5 are liable to refund the amount to the complainant to the tune of Rs.26,880/- (Rs.29,880/- - Rs.3000/- = Rs.26,880/-).
9. Resultantly, the complaint is partly allowed with costs and the Opposite Parties No.4 and 5 are directed to refund the amount of Rs.26,880/- to the complainant within one month from the date of receipt of copy of this order. Opposite Parties No.4 and 5 are also directed to pay compensation to the complainant to the tune of Rs.5,000/-. The Opposite Parties No.4 and 5 are also directed to pay costs of litigation to the complainant to the tune of Rs.2,000/-.    Copies of the order be furnished to the parties free of cost. 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.

Dated: 18-08-2015.                                          (Bhupinder Singh)                                                                                                President

hrg                                                (Anoop Sharma)     (Kulwant Kaur Bajwa)   

              Member                         Member