DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (CENTRAL)ISBT KASHMERE GATE DELHI

COMPLAINT CASE NO. 203/2019

No. DC/ Central/

vs.

Coram:       Ms. Rekha Rani, President

                    Shri Vyas Muni Rai, Member

                   Ms. Shahina, Member (Female)

ORDER

Shri Vyas Muni Rai, Member

1. Sh. Sunil Singh Dahiya (in short the complainant) filed the instant complaint under section 12 and 14 of the Consumer Protection Act, 1986 against House of Vacations India Pvt. Ltd. (in short OP) which is a leisure infrastructure company that offers clubbing facilities, family holiday packages and entertainment events. One fine evening the complainant was invited from the OP at its office and offered Holidays Voucher. Complainant has further alleged that the official of the OP very tactfully and intelligently forced the complainant to take membership for five years luring bonus free stay in Micholi. Agent of the OP offered the complainant to sign the document and fill the details. The details were in the ‘Membership Purchase Agreement’ filled by the complainant and offer was filled up by the representative of the OP. It has been further alleged by the complainant that he had no opportunity to review the terms and conditions of the ‘Membership Purchase Agreement’ and signature was done in good faith. Complainant in his complaint has prayed as under:-
2.  

(ii). To direct the OP to pay the complainant an amount of Rs. 3,00,000/- towards the mental, physical harassment, pain and agony, physical discomfort and distress caused to the complainant by the OP’s. when at the this beginning stage in this way the complainant has been humiliated and suffered a lot mentally.

(iii). Pass litigation charges of Rs. 1,100/- in favour of the complainant.

1. 2. It is the case of the complainant that on 08.04.2019, he paid Rs. 57,000/-(fifty seven thousands) by way of cash and Rs. 43,000/-(forty three thousands) through credit card. Photocopy of receipt dated 08.04.2019 of the total amount of Rs. 1,00,000/- (One lakh) as stated above has also been attached along with complaint. Complainant has further stated that when he reviewed the ‘Membership Purchase Agreement’ the next day, he found that the terms and conditions mentioned in the documents were materially different than what was explained to him. When he interacted with the OP through email he was told that since complainant has signed the ‘Membership Purchase Agreement’ document he would need to take the membership. For further discussion and clarification, the representative of the OP did not respond the phone call as has been stated by the complainant. To the surprise of the complainant, when he searched on the internet to know about the OP, he found that there was so many complaints against the OP.
   3. Sensing the fact that the complainant has been missold the product by OP, vide email dated 15.04.2019 (within seven working days) he requested for refund of the amount but no proper response was received from the OP. as per the document issued by the OP which has been submitted on record the complainant was enrolled on 08.04.2019 with the House of Vacations India Pvt. Ltd. (OP) with Member ID- HOV/201904004.
   4. Further perusal of the court proceedings, in this case reflects that OP was proceeded ex-parte on 27.09.2019. Thereafter, there is nothing on record to show if any application was moved by the OP to set aside the ex-parte proceeding. Complainant has also filed Written Argument and evidence by way of affidavit wherein he has substantiated the contents of the complaint/ application.
   5. We have gone carefully the documents available on record filed by the complainant and his submission in written argument and in the evidence by way of affidavit. It is there on record that the complainant was enrolled for the membership of the scheme of OP on 08.04.2019.  In this context, we may highlight following clauses of the Membership Rules under the head Part C: GENERAL CONDITIONS:

“6. Termination

6.1 Termination can be both on account of suomo to request of the applicant for termination/ cancellation or termination by HOVIPL on any of the accounts/grounds as may be mentioned in this clause. In the event of termination/ cancellation or HOVIPL eon club the following shall apply:

I. RECESSION PERIOD TERMINATION/ CANCELLATION:

A. Withdrawal of application for HOVIPL shall be permitted within the recession period which is 07 days from the date of enrollment/ signing of the membership application form, provided such request for withdrawal is made in writing and signed (by both the applicants/ members in case of joint membership) and reaches HOVIPL within 07 days, HOVIPL shall refund the amount received from the member towards fee, after deducting processing fee of INR. 5000/-( Rupees Five Thousand Only) along with other statutory and necessary charges. HOVIPL shall refund the balance within 45-60 days from the date of receipt of request for withdrawal. In case of joint applicants to the membership refund shall be made to the first applicant only.

7.1 Any cancellation/ termination request from the applicant shall be made in writing and shall be signed by the applicant (by both applicants/ members in case of joint membership).”

6. To add further, as per the terms and conditions of the Membership Rules of the OP withdrawal/ termination/ cancellation of application has been permitted by HOVPL (OP) within recession period which is 07 days from the date of enrollment/ signing of the membership application form. Provided, such request of withdrawal is made in writing and signed by member/ applicant and on moving such application the OP shall refund the amount received from the member towards fee after deducting processing fee of INR 5,000 (Rupees Five Thousand only) along with other statutory and necessary charges and shall refund the balance within 45-60 days from the date of the receipt of the request of withdrawal. 

7. Accordingly, the complainant vide email dated 15.04.2019 requested OP for cancellation/ termination of his membership dated 08.04.2019 within the 07 days period as per the terms and conditions of Membership Rules framed by the OP. Further, vide email dated 16.04.2019 OP has stated that

‘…..We understand your reason for opting out of membership but we would like to inform you that your written cancellation request is received under non-recession period which is after the recession period of 7 days from buying the membership. In respond to the mail of the complainant, OP further has responded through mail that we are in receipt of your concern, while we are working towards appropriate resolution. We, therefore, request you to allow us 3-4 workings days for better resolution. This clearly reflects that OP had impliedly admitted about the deficiency in service. In turn, in return email complainant, inter alia, has mentioned that he has paid full membership fees of Rs. 1,00,000/- (One Lakh Rupees only) and he also understand that there is applicable termination charges and he agreed to that charges. Hence, requested for termination of membership.’

8. Over and above, bare perusal of the documents on records, emails exchanged between complainant and the OP leaves no doubt that OP has caused deficiency in service as defined in the Act. Complainant, on insistence of the OP got enrolled and took the membership. And as per the terms and conditions/ rules of the membership he opted to withdraw from the membership and requested for its termination within the stipulated period of 7 days as per the membership rules of the OP which OP denied following on the golden scale, for which OP cannot be permitted to do so and to leave the complaint in lurch, that too, having being deficient in providing the service to the complainant.
9. In view of the aforesaid discussions OP is directed to refund the amount of Rs. 1,00,000/- (one lakh rupees only) along with simple interest of @ 6 % from the date of filing the complainant till the date of realization.
10. Copy of this order be sent to the parties as per rules. File be consigned to record room.

Announced on this 08^th March of 2022.