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.91/2018
- Ms. HEENA KHAJURIA
W/O MR. RAHIL KAPUR
- MR. RAHIL KAPUR
S/O MR. RAJAN KAPUR
BOTH RESIDENTS OF EC-127, MAYA ENCLAVE,
NEW DELHI-110064 …..COMPLAINANTS
Vs.
JOURNEY RESORTS PVT. LTD.
THROUGH ITS MANAGING DIRECTOR,
REGISTERED ADDRESS AT 50, SUNDER NAGAR,
NEW DELHI ZOO,
NEW DELHI-110003. ..….RESPONDENT
Date of Institution-26/04/2018.
Date of Order-18/05/2022.
O R D E R
MONIKA SRIVASTAVA– President
The complaints filed the present complaint against OP i.e M/s Journey Resorts Private Limited praying inter-alia refund of Rs. 2,47,063/- along with interest @ 18% per annum w.e.f 09.10. 2017 till realization. It was also prayed that OP be directed to refund a sum of Rs. 94,448/- being value of tickets booked by the complainant. A sum of Rs 2,00,000/- has been claimed as damages for mental
agony and Rs. 1,00,000/- as cost of litigation.
The OP was served with the summons of the present complaint and was represented by a lawyer on few dates however elected not to participate in subsequent proceedings. The OP did not file reply to the complaint and was proceeded ex-parte on 26.09.2018.
It is the case of Complainants that marketing representatives of the OP suggested the complaints to subscribe to “Red season” of its “Amber membership”. It was represented that the membership would include free stay for 7 nights and 8 days in Studio apartment every year for a period of ten years at its affiliated hotels all over the world for a total consideration of Rs.4,49,000/-. The marketing representatives of OPrepresented to the Complainants that as per prevailing promotion scheme, ‘red season’ membership would be offered for a total consideration of Rs. 2,25,000/- which could be paid by the complaints in installments over a period of interest free EMI’s. It was further represented that the complainants would be further entitled to the following:
- Free air ticket worth Rs. 70,000/- (which could be availed at any time)
- Four nights five day domestic or international stay with Dial an Exchange (DAE)
- Two gift certificate which offer complimentary two nights, three day stay any of the properties of OP at Dharmashala, Gurgaon, Pune or Vishakapatnam
- Gift vouchers of Rs. 15,000/-
Based on the above-mentioned representation complainants subscribed to red
season of membership of OP on terms and conditions represented above. It is further stated that despite the complainants opting for 12 monthly installments; they were initially charged for the entire sum of Rs. 2,25,000/- in one go. However, on constant follow up by the complaints, their installments were converted into 12 installments but instead of Rs. 2,25,000/- they were charged Rs. 2,43,697.44.It is further stated that OP had failed to deliver to any of the above-mentioned representation. It is further submitted OP failed to book tickets for the Complainant for Sydney in terms of representations providing for free tickets up to Rs. 70,000/- Consequently the complaints had to book tickets themselves. The tickets which were usually available for a sum between Rs. 69,000/- to Rs. 78,000/- had to be bought for a sum of Rs.94,448/- because of delay caused by the OP. The complainant sent a legal notice dated 08.02.2018 demanding refund of Rs. 2,47,063/- along with interest. OP, on receipt of the legal notice telephonically offered to refund the amount of interest payment and cost of air tickets. It was also stated by the OP via an email that amount of interest component would be transferred vide NEFT by the next week. OP offered to hand over a postdated cheque of Rs 88,000/- against the lawful dues of Rs. 92,063/-. Since the date mentioned on the cheque was eight months away from the date of handing over, the complainant refused to accept the cheque. Such conduct by the OP has caused mental harassment to the complainants.
The complainants have filed evidence by way of affidavit in support of their allegations made in the complaint. Written submissions have also been filed by the complainants.
Since no reply has been filed by the OP and they were proceeded ex-parte, this Commission did not have the benefit of version of the OP. Resultantly, the averments made by the complainants, supported by evidence by way of affidavit are accepted as correct. It is therefore held that complainants are entitled to
refund of Rs. 2,47,063/- along with interest @ 6% per annum w.e.f 09.10.2017 till realization. The prayer for refund of Rs. 94,448/- being the value of air tickets purchased by the complaints is however declined because this Commission has granted refund of booking amount. Proverbially, the complaint cannot cut the cake and eat it too. The complainant cannot claim refund of membership booking amount and avail benefits under the membership. A sum of Rs. 25,000/- is awarded towards mental harassment and Rs. 25,000/- towards litigation expenses.
File be consigned to record room after giving copy of the order to the parties. Order be uploaded on the website.
(Dr. RAJENDER DHAR) (RASHMI BANSAL) (MONIKA SRIVASTAVA)
MEMBER MEMBER PRESIDENT
