| Final Order / Judgement | CONSUMER DISPUTES REDRESSAL COMMISSION – X GOVERNMENT OF N.C.T. OF DELHI Udyog Sadan, C – 22 & 23, Institutional Area (Behind Qutub Hotel) New Delhi – 110016 Case No.24/2019 TRILOK SINGH S/o. JAGAT SINGH CHAUHAN R/o. 102, 2ND FLOOR, POCKET-1, SECTOR-20, ROHINI…..COMPLAINANT Vs. MANAGING DIRECTOR, JOURNEYS RESORTS PVT. LTD. I.T. COMPOSITE TOWERS, PLOT NO.1, I.D.C., MEHRAULI ROAD, GURGAON -122001 HARYANA ALSO AT: MANAGING DIRECTOR JOURNEY RESORTS PVT. LTD. 50, SUNDAR NAGAR, NEAR DELHI ZOO, NEW DELHI 110003.…..RESPONDENT Date of Institution-06.02.2019 Date of Order- 31.08.2022 O R D E R RASHMI BANSAL– Member The present complainant has been filed by complainant against OP for refund of his money paid for the membership of OP along with compensation for causing harassment, mental agony and torture along with litigation cost. - It is the case of the complainant that he has been approached by OP representative for taking services and membership of OP and he was informed
about the membership in a very lucrative manner and induced to avail their membership, with the assurance that membership can be cancelled at any time and the total amount shall be refunded immediately after deducting the administrative charges. - Believing OP, the complainant availed 3 years membership for Rs. 49,000/, paid through credit card and Paytm account on the same day i.e. 10th June 2017, Ex. 1 and 2.
- The agreement document has got signed by complainant and his wife but the copy of the same has not been provided to them and they could not read complete terms and conditions of the agreement. Therefore, complainant verified the membership details from the customer care of OP and was surprised to know that most of the benefits as explained by the officials of OP at the time of providing the membership were actually not covered within the membership scheme and he found many discrepancies. The complainant felt cheated and decided to cancel the membership and sent a cancellation request through email dated 12th June 2017, Ex. C3, however, despite repeated request, the OP instead of cancelling the membership, delivered the membership agreement and other papers to complainant on 17th June 2017, Ex. C4.
- The complainant took matter to national consumer helpline, but that did not yield any fruitful result and he was informed that OP did not respond to their communications. Many communications and requests to OP for refund of the amount, Ex. C5, were not favorably responded by the OP.
- In response of complainant’s regular emails to OP for refund of amount, OP vide email dated 10th July 2017, OP informed complainant, that his cancellation is under process and it will take 90 working days as per company’s norms. Thereafter, vide email dated 5th October 2017, OP further assured complainant that her refund request is under process and vide yet another email dated 28th March 2018, wrote to complainant that his refund cheque is under process, once
it will be signed, he will be informed. Further, vide email dated 24th April 2018, OP informed the complainant that his case is forwarded to accounts department and the cheque is ready, once it will be signed, he will be intimated. At last, vide email dated 10th February 2018, the OP has informed the complainant that the cheque is ready and the same may be collected from their Gurgaon office, Ex. C6, in response of which the complainant vide his email dated 16th March 2018 has requested to OP to courier him the cheque at his address, Ex.C7, but nothing has happened. Thereafter, surprisingly vide another email dated 20th March 2018, Ex. C8, OP sent an email informing the complaint that refund cheque is under process. - The constant refund request of the complainant yielded a positive result and in the month of October 2018, OP informed him that his cheque of Rs. 45,000/- has been prepared and he can collect it. At the time of receiving the cheque, complainant noticed that the said cheque, Ex. C9, has been prepared in wrong name, bearing no. 369443, dated 07.10.2018, drawn on Axis Bank Ltd. for an amount of Rs. 45,000/- in the name of ‘Trilok Kumar Chauchan’ whereas complainant has taken the membership in his own name ‘Trilok Singh and refused to collect the same and requested the concerned officials of OP to prepare a fresh cheque with correct details, however, till filing of the present complaint, OP has not paid any amount to complainant. Complainant submits that OP is deliberately delaying the refund and refund request is not considered by OP despite many requests and reminders. The OP’s act clearly show that they are deficient in their services and are involved in unfair trade practice due to which complaint has suffered mental agony and harassment and praying for refund of his amount along with compensation and litigation cost.
- OP has filed his reply and evidence by way of affidavit and denied any deficiency in services on their part or involvement into unfair trade practices. OP submits that case is filed without any cause of action therefore, the
complaint is liable to be dismissed in-limine and the document filed by complainant have no value in the eyes of law. The OP further submits that the matter involves complicated questions of fact and law which need to be proved by leading detailed oral as well as documentary evidences. OP submits that they are willing to perform their part of agreement provided the complainant has fulfilled their required terms and conditions of the plan taken by them. OP further says that they have provided services to the complainant whenever asked for the service therefore, there is no possibility of deficiency on the part of OP to provide its services. - This Commission has gone through the documents filed by both the parties. The documents on record shows that complainant has taken membership and paid the membership amount on 10.06.2017 and within two days, i.e. on 12.06.2017 has informed OP for cancellation of his membership and not to proceed further for preparing of the documents. OP has sent agreement documents to complainant after his request for refund of the amount sent to OP. During this period no service has been availed by the complainant from OP.
- Further, the email communications between both the parties established that OP has initiated the process of refund of the amount and also have prepared a cheque in favour of complainant, but in wrong name, which establishes that OP had no objection in returning the membership fee to the complainant. The other plea of OP, that the matter involves complicated questions of fact and law which need to be proved by leading detailed oral as well as documentary evidences is not tenable in view of the admitted case by OP, moreover, the
proceedings under Consumer Protection Act is in addition to and not in derogation to any law in force. The conduct of OP preparing the above stated cheque itself establishes that they owe the payment to complainant about their intention to refund the above said amount. Further, OP has stated that they have provided services to the complainant whenever asked for the service therefore, there is no possibility of deficiency on the part is also untenable as OP failed to show what services has provided to complainant. In fact, as per documents on record, the complainant has not availed any services from OP. - In view of the admitted position of the OP, this Commission, is of considered view that OP is required to refund the total amount paid to him by complainant for membership fee with interest. Further, considering, that complainant has not availed even a single service from OP rather has suffered harassment, mental torture and agony due to retention of the above stated money by OP and prevented him from utilizing his own money, which act amounts to deficiency in services on the part of OP, therefore, this commission is of the view that ends of justice would be met if complainant is compensated reasonably for the same.
- Therefore, in the facts and circumstances of the case, the OP is directed to return the entire money taken by it as membership fee i.e. a sum of Rs. 49,000 / - to complainant with interest @ 6% p.a. from the date of the first refund request made by complainant, i.e. 12.06.2017, till the realization of the same by complainant, Rs. 10,000/- towards deficient service of OP and Rs. 10,000/- towards the litigation cost. The above stated order shall be complied within 3 months from the date of order, failing which the OP shall be liable to pay 9% interest on the entire amount till actual payment to the complainant.
- Copy of the order be given to both the parties as mandated by the Consumer protection Act, 1986 and the file be consigned to the record room. The order be uploaded on the website www.confonet.nic.in.
- The consumer complaint could not be decided within the statutory period due to heavy pendency of Court cases.
- The order contains 5 pages and bears my signature on each page.
(Dr. RAJENDER DHAR) (RASHMI BANSAL) (MONIKA SRIVASTAVA) MEMBER MEMBER PRESIDENT | |
