DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.1062 of 2018
Date of institution: 11.10.2018 Date of decision : 30.07.2019
1. Sandeep Singh son of Ajit Singh
2. Smt. Namrata Tanwar wife of Shri Sandeep Singh
Both residents of H.No.134, TMV, Sector 29, Panchkula-134116.
…….Complainants
Versus
Journeys Resorts Pvt. Ltd., Administration Journeys, I.T. Composite Towers, Plot No.1, I.D.C. Mehrauli Road, Gurgaon, Haryana 122001 through its Chairman Mr. Rajiv Khanna.
……..Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Mrs. Natasha Chopra, Member.
Present: Complainant Sandeep Singh in person.
OP Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
On 05.06.2018 a lady of name of Ms. Riya gave telephonic call from her mobile to complainant No.1 by introducing herself as sales representative of OP. Complainant No.1 agreed to get membership of OP. On 28.06.2018 above said representative of OP again called complainant No.1, on which complainant disclosed that he is busy and as such said representative should call complainant No.2, wife of complainant No.1. Sales representative of OP disclosed that complainants have filled a coupon at Metro, Zirakpur, which has been selected due to which complainants have won a free voucher for stay in hotel of OP for 2 nights and 3 days anywhere in India. Said representative of OP called upon complainants to collect said free voucher by visiting Hotel Royal Castle, Near Shagun Hotel, Shimla Highway Road, Zirakpur. On next day complainant No.2 received message from sales representative of OP about collection of free voucher. Copy of text message is produced with the complaint. On 29.06.2018 at about 6.00 p.m., complainants visited Hotel Royal Castle, Zirakpur where two sales representatives of OP namely Ankit Singh and Ms. Sarabjit Kaur met complainants for disclosing them benefits of membership. It was disclosed that if complainants gets membership of OP, then free voucher gives them benefit of stay of 4 nights and 5 days at the hotels of OP situate in India or outside India. It will be provided for 3 consecutive years without any renewal. Facility of free meals as well as of six hours free drive was also offered with facility of discount of 30% - 40% on air tickets price. Cost of one time membership was disclosed as Rs.40,000/-Complainants believing said assurance agreed to make payment of Rs.40,000/- being one time full and final payment for getting membership. That payment was made through HDFC credit card of complainants. Representative of OP got signed some documents from complainants by disclosing that offer of discount or of free vouchers has become valid and requisite documents will be sent at the address of complainants within 15 days. Thereafter, complainants waited for the documents. As disclosed by sales representatives of OP, an envelope from OP was received in the last week of July, 2018, on opening of which, complainants found that the agreement has been sent, on which signatures of complainants were not there. However, after careful reading of said document, complainants were shocked to see that terms and conditions of agreement were not as per allurements given by sales representatives of OP. Complainants felt cheated because as per received documents, complainants will have to pay yearly membership fee instead of one membership fee for three years. Besides, offer of fare or of food discount was not contained in those documents. So complainants sent request for withdrawal of membership and prayed for refund of paid amount of Rs.40,000/, but to no effect, despite service of legal notice and that is why this complaint for seeking refund of paid amount of Rs.40,000/- with interest @ 18% per annum. Compensation for mental agony and harassment of Rs.40,000/- and litigation expenses of Rs.15,000/- more claimed.
2. OP is ex-parte in this case.
3. Complainants tendered in evidence affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-8 and thereafter closed evidence.
4. Written arguments not submitted. Oral arguments heard and records gone through.
5. Copy of text message Ex.C-1 shows that complainants were called upon to visit Hotel Royal Castle in Zirakpur for collecting complimentary holidays voucher of 2 nights and 3 days alongwith one surprise gift and that is why complainants visited said hotel. It was due to allurements of representatives of OP that complainants transmitted Rs.40,000/- to OP from their bank account with HDFC on 29.06.2018 through transaction of credit card, is a fact borne from copy of duplicate statement placed on record as Ex.C-2. So payment of Rs.40,000/- by complainants to OP by way of transaction from Zirakpur area is established. That payment was made for availing facility of free stay for 2 nights and 3 days in any of hotels of OP in India. However, assurance regarding free drive or of discount on food were false and that is why complainants sought refund of deposited membership fee of Rs.40,000/- by sending email Ex.C-3. When that email communication did not brought desired result, then complainants sent legal notice Ex.C-4 through postal receipt Ex.C-5. Email communication Ex.C-6 was received by complainants from OP for disclosing complainants that concern raised by them has been forwarded to concerned department of OP and the said department will get in touch with complainants at the address mentioned by complainants. Through communication Ex.C-7 complainants further claimed for refund of deposited amount in view of false assurance given by sales executive of OP. Reference of sending of legal notice also made in Ex.C-7. It was on account of this that communication Ex.C-8 was sent by OP to complainants for informing them that OP has received request of complainants and the ticket has been created with reference No.1021087. Thereafter, no communication received from OP. Making of false assurance for alluring complainants to cough out Rs.40,000/- for becoming member of OP is an act of unfair trade practice on part of OP. As the oral promised services were refused to be provided through written communication and as such it was but natural for complainants to feel cheated. Being so, complainants entitled for refund of paid amount with interest @ 8% per annum from the date of deposit namely 29.06.2018 till payment. As representatives of OP deliberately made false assurances and as such same caused mental agony and harassment to complainants, due to which they are entitled for compensation amount alongwith litigation expenses. As such assurances are given by concerns like OP to many and as such it will be fit and appropriate to saddle OP with responsibility of deposit of Rs.25,000/- more in the Consumer Welfare Fund of this Forum as part of compensation, which will be in addition to the amounts payable to complainants.
9. As a sequel of above discussion, complaint allowed with direction to the OP to refund the received amount of Rs.40,000/- (Rs. Forty Thousand only) with interest @ 8% per annum from the date of deposit namely 29.06.2018 till payment. Compensation for mental agony and harassment of Rs.10,000/- (Rs. Ten Thousand only) and litigation expenses of Rs.5,000/- (Rs. Five Thousand only) more allowed in favour of the complainant and against the OP. OP saddled with responsibility of deposit of Rs.25,000/- (Rs. Twenty Five Thousand only) more in the Consumer Welfare Fund of this Forum as part of compensation amount which will be in addition to amounts of Rs.10,000/- and Rs.5,000/- as referred above. Payment of these amounts of compensation and litigation cost as well as cost depositable in the Consumer Welfare Fund be made within 30 days from receipt of certified copy of order. Certified copies of the order be supplied to the parties free of cost as per rules. File be indexed and consigned to record room.
Announced
July 30, 2019.
(G.K. Dhir)
President
(Mrs. Natasha Chopra)
Member
