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.244/18
Plasma Health Check Diagnostics Pvt. Ltd/
Dr. Sandeep Singhal
197-A, Pocket-A, Mayur Vihar, Phase-2
Vs.
JRPL – Journeys Resorts Pvt. Ltd.
50, Sunder Nagar,
New Delhi-110003 …..RESPONDENTS
Date of Institution-16.11.2018
Date of Order-22.12.2023
O R D E R
RITU GARODIA-MEMBER
- The complaint pertains to deficiency in service on part of OP.
- The facts outlined in complaint: The complainant purchased a time share membership from OP on 10.12.2017 for Rs.1,50,000/-. The complainant tried to avail OP services on 11.12.2017, 12.12.2017 and 13.12.2017. The complainant tried to make reservations for accommodation for two days but the website was non-functional. He had requested the OP executive to send a list of hotels for which the membership was awaiteds. He was informed that they did not have any such list.
- The complainant applied for withdrawal of membership and refund of amount paid on 13.12.2017 through email. He also filed a request for refund vide a written application delivered through courier as well as hand delivered.
- The complainant has relied on Clause 8.1 and 8.5 of Purchase Agreement. Clause 8.1 provides for application for refund to be made within 10 days from the date of payment. Clause 8.5 provides for refund within 90 working days from the date of receipt of cancellation request.
- The complainant prays for refund with interest @24% and compensation for Rs.10,00,000/-.
- The complainant has filed the following documents:
- Annx 1- Credit card statement (for payment done by complainant to opposite party)
- Annx 2- Payment receipt confirmation email from JRPL
- Annx 3 -Application submitted to JRPL for withdrawal and refund of membership.
- Annx 4-Email from JRPL confirming receipt of my withdrawal/refund application.
- Annx 5-Purchase Agreement.
- Annx 6- Email from JRPL.
- Annx 7–Complaint registration email from consumer helpline.gov.in
- Annx 8 – Online consumer complaint registration email (docket number 816783)
- Annx 9 – Email to JRPL informing them about online consumer complaint
- Annx 10 – Final warning letter to JRPL + Seed post receipt + Delivery status on India post website
- Annx 11 – Online consumer complaint registration email.
- Notice was issued to OP and was duly served but none appeared. OP was proceeded ex-parte vide Order dated 15.01.2019.
- Complainant has filed his evidence and written arguments reiterating the averments made in the complaint.
- We have considered the pleadings and material on record. The credit card statement filed by the complainant shows that Rs.1,50,000/- has been paid to OP on 10.12.2017. OP has also sent a mail dated 10.12.2017 acknowledging the receipt of payment of Rs.1,50,000/-. OP vide another mail on the same day welcomed the complainant. The relevant portion is as follows:
”Your Membership ID is 103389. Please quote this ID in your communication to us to ensure that you get the right information regarding your membership.
We have initiated the activation of your membership and will be dispatching your Welcome Kit soon.The Welcome Kit would consist of :
- Personalized Membership Card
- Membership Certificate
- Season Classification Chart
You can also check the details of your membership online on www.jukasojourneys.com in the member Exclusive section. The member section will provide you all the details regarding your membership, bookings and payments.”
- The complainant vide an email dated 13.12.2017 requested for cancellation of membership. relevant portion is as follows :
I have been facing many issues and have lodged 2 complaints regarding these-Ticket Number: 1003263, Ticket Number: 1003337.
- Lot of false promises were made while taking membership, which were not there in agreement given to me.
- Hotel booking system is completely manual and non-transparent. Hotels are not 5 stars as promised. Very limited choice of hotels which have a very bad customer rating.
- Your website http:/jukasojourneys.com/member-login/ is continuously infected (sic), nobody cares about it, and not even a single button is working.
- Nobody picks up the phone at toll free customer care-18001030203.
- The complainant received an email from OP on 14.12.2017 the relevant portion is as follows:
Your request for cancellation has been forwarded to the relevant team and they will get in touch with you soon.
In case of any issues, please do not hesitate to contact us on 1800-103-0203 or write to us at infor@jukasojourneys.com or Jouneys@jukaso.co.in
- Thereafter the complainant sent an email for refund again on 18.12.2017, 29.7.2018, 13.8.2018 and a letter dated 10.9.2018.
- The agreement placed by complainant shows that the complainant has taken Orange membership.
- The said agreement also shows that complainant has paid Rs.1,50,000/- from his credit card. The holiday plan provide for the following:
Journeys Holiday Plan – 10 Years Orange Travel Plan, in short JHP – 10 years, is a plan that is being offered by JRPL. “JRPL” means Journeys Resorts Pvt. Ltd., a private company, incorporated under the provisions of the Companies Act, 2013.
This plan offers hotel accommodation for 10 years on annual basis for 4 nights/5 days holiday in Red season specific specified tourist destinations at various, hotels available from time to time. The specified destinations and hotels are subject to revision on an annual basis.
- Clause 8.1 of the said agreement is as follows :
- Clause 8.5 is as follows :
- Based on the sequence of events, it is evident that the complainant acquired a 10-year holiday plan by making a payment of Rs.1,50,000/- on 10.12.2017. The plan entailed hotel accommodation for 4 nights and 5 days. On 13.12.2017, the complainant, noting the non-functionality of OP's website and the unresponsive customer care number, requested a refund via email. OP, in an email dated 14.12.2017, acknowledged the refund request. Despite repeated requests from the complainant, no substantive reply was received from OP thereafter.
- The Purchase Agreement, duly signed by OP, outlines that a complainant has a right to avail a refund and withdraw from the membership within 10 calendar days from the date of payment receipt. According to the agreement, the payment must be refunded within 90 days from the date of the cancellation request. In this case, the complainant made the payment on 10.12.2017, initiated the cancellation and refund request on 13.12.2017, and OP acknowledged the request on 14.12.2017. However, OP has since remained conspicuously silent, despite several emails and letters from the complainant requesting a refund.
- Top of Form
- This complaint was filed on 16.11.2018 after eleven months from the date of request for refund. OP has neither appeared nor rebutted the contentions of the complainant. In the absence of any such rebuttal, the averment made by complainant and emails placed on record by complainant is established. OP has been deficient in not providing the services promised in the Purchase Agreement. OP has been further deficient in not providing the refund as per the Purchase Agreement.
- Hence, we find OP guilty in deficiency in serves and direct him to refund Rs.1,50,000/- with 9% interest from date of payment made to OP till realization. We also direct OP to pay Rs.15,000/- as compensation, mental harassment, agony and physical inconvenience along with litigation expenses.
- File be consigned to record room. Order to be uploaded.
