Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                    Complaint No. : 139

                                                                    Instituted on     : 23.02.2021.

                                                                    Decided on       : 25.08.2021.

Santosh Ranga age-61 yrs. wife of Raj Kumar Ranga, R/o House No. 772, Sector-I, Rohtak.

                                                                             ………..Complainant.

                             Vs.

ITC Club(A unit of ITC International Pvt. Ltd., B-42, Lower Ground Floor, Office No. 5, Sector-59, NOIDA-201309

                                                                                                ……….Opposite party.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR.VIJENDER SINGH, MEMBER

Present:       Sh. Neeraj Sikka, Adv. for complainant.

                   Opposite party exparte.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                Brief facts of the case as per complainant are that on 08.02.2020 Agent of opposite party visited his house and disclosed about their scheme. Complainant took the membership of the opposite party and paid an amount of Rs.1,07,000/- through RTGS. The agent of opposite party obtained signature of the complainant on various written documents without narrating the contents thereon. As per their scheme, they provided arrangement of tour and travel to the complainant upto five years. Thereafter the complainant was not interested to continue with the aforesaid scheme of the opposite party and made written e-mail to the opposite party to cancel her membership and to return the amount paid by the complainant. On 09.06.2020, the opposite party issued a letter to complainant and declined to return the said amount paid by him. As such, there is deficiency in service on the part of opposite parties. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the said amount of Rs.1,07,000/- alongwith interest @ 24% p.a., Rs. 50,000/- as compensation and Rs.110,000/- as litigation expenses to the complainant as explained in relief clause.

 2.               After registration of complaint, notice was issued to the opposite parties. Opposite parties appeared but has failed to file their reply and were proceeded against exparte on 04.03.2022 due to their non-appearance.

3.                Learned counsel for the complainant in his evidence tendered affidavit Ex.CW-1/A, documents Ex.C1 to Ex.C3 and has closed his evidence on 18.05.2022.

4.                 We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

5.                As per the document Ex.C1, complainant had taken the membership of opposite party on 08.02.2020. Complainant moved an application Ex.C3 to the opposite party for withdrawal of membership due to Covid-19 and requested to refund the amount of Rs.107000/- paid by her.  As per email Ex.C2, opposite party has submitted that as per terms and conditions of the membership, the refund on cancellation is possible only till 10 days of membership enrollment. However the fact is not denied that the complainant had deposited Rs.107000/- with the opposite party. But neither the opposite party filed any reply of complaint nor any document to prove the alleged terms and conditions and were proceeded against exparte vide order dated 04.03.2022 of this Commission, which shows that the opposite party has  nothing to say in the matter. As such there is deficiency in service on the part of opposite party and opposite party is liable to refund the amount deposited by the complainant.

6.                In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party to refund the amount of Rs.107000/-(Rupees one lac seven thousand only)  alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 23.02.2021 till its realization  and shall also pay Rs.6000/-(Rupees six thousand only) as compensation on account of deficiency in service as well as litigation expenses to the complainant within one month from the date of decision.

8.                          Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

25.08.2022.

                                                          ................................................

                                                          Nagender Singh Kadian, President

                                                          ………………………………..

                                                          Tripti Pannu, Member.

                                                          ………………………………..

                                                          Vijender Singh, Member.