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.13/2017

INDER PAL S/O MOHAN LAL,

D-342-A, LAJPAT NAGAR,

SAHIBABAD, GHAZIABAD,

UTTAR PRADESH - 201005…..COMPLAINANT

Vs.   

1. JOURNEYS RESORTS PRIVATE LIMITED,

THROUGH ITS DIRECTOR,

SHRI YAJUSH KHANNA,

50, SUNDER NAGAR,

NEAR DELHI ZOO,

NEW DELHI – 110003

2. SHRI YAJUSH KHANNA,
3.  

JOURNEYS RESORTS PRIVATE LIMITED,

50, SUNDER NAGAR,

NEAR DELHI ZOO,

NEW DELHI – 110003

3. SHRI CHANDRESH KUMAR GUPTA,
4.  

JOURNEYS RESORTS PRIVATE LIMITED,

50, SUNDAR NAGAR,

NEAR DELHI ZOO,

NEW DELHI - 110003.…..RESPONDENTS

Date of Institution-06.01.2017

Date of Order-12.05.2023

  O R D E R

RITU GARODIA-MEMBER

1. The complaint pertains to deficiency in service and unfair trade practice on part of OPs.
2. The brief facts as stated in complaint are that complainant received a call on 20.4.2016 at 11:59 a.m. from OP1 informing him of winning a scratch card coupon and further telling him to go to OP1’s office to collect the said coupon. He was also promised that he will receive an assured gift/prize of a holiday package for 2 nights and 3 days or a jewellery set. He was also given a code bearing No. HK0719B2 for the scratch card coupon.
3. The complainant, his wife and his son went to OP1’s office on 20.4.2016 at 5:30 p.m. The complainant submits that two employees of OP1 namely Ms. Sonia and Ms. Richa met him and questioned him about his family, job, outings and earnings. These employees induced the complainant to take membership in the Scheme tilted ‘Journey by Jukaso’ with the following benefits:-

1. A Holiday package of 11 Nights and 12 Days in India and abroad every year for 2 Adult and 2 Kids on making a payment of an amount of Rs.1,15,000/- for a membership of 10 years along with a payment of Rs.6,500/- towards annual maintenance which would be payable only for the year when the member avails 11 Nights and 12 Days holiday package.
2. Breakfast & Dinner at no extra cost will be included in the package.
3. 5 Additional Holiday Vouchers for 2 Nights and 3 Days each would be given.
4. No booking amount would be demanded for bookings made in respect of 3 Jukaso properties based at Delhi & NCR for Functions, Birthday Parties, Marriage Ceremonies and Reception, etc.
5. During parties, the per plate rate for “Journey by Jukaso” members will be provided at discounted rates and if the gathering is below 100, the per plate rate would be around Rs.450-500 and if the gathering is above 100, the per plate rate would be around Rs.700-750/-.
6. If complainant would take the membership of the “Journey by Jukaso” for 10 Years, he can avail all the above lucrative offers/benefits.
7. Membership of “Journey by Jukaso” for 10 years could also be taken by making the payment of Rs.1,15,000/- in equated EMIs of 12, 18 & 24 Months without any interest or processing fees through Credit Card instead of making a one time full payment.
8. Complainant would get 2 VLCC beauty Saloon vouchers for Rupees Ten Thousand each which will come with the welcome kit.

4. The complainant enquired about the Agreement booklet so as to check the above stated offers/ benefits. He was assured that all benefits would be included in the Agreement and would be sent to his residence by post. The complainant was also instructed to make an initial payment of Rs.65,000/- with the assurance that the said payment would be converted into 24 EMIs if the payment is made through credit card. Complainant made the payment of Rs.65,000/- in the following manner:-

1. Rs. 3000/- in cash.
2. Rs.2,000/- through ATM Card of State Bank of India of his son.
3. Rs.60,000/-  through the credit card of Axis Bank in the name of his son Shri Sanjiv Kumar.

5. The balance amount was payable after 3 months. The complainant has annexed payment receipt.
6. The complainant alleges that the employees of OP1 took his signature on a temporary contract/ agreement with the promise that it would be sent to him by post. A copy of temporary contract or agreement was received by the complainant along with a gift certificate entitling him to a free 2 nights/ 3 days stay with breakfast at any of the destination offered in the package. He was further assured that the Contract/ Agreement document, Certificate of membership, Membership ID card, other connected documents and any other gift voucher shall be dispatched to complainant’s address shortly.
7. He received the membership kit on 25.4.2016 and found following documents were missing:-

1. Five additional holiday vouchers for 2 nights and 3 days each.
2. Two VLCC beauty Saloon vouchers for Rs. 10,000/- each.
3. Copy of the contract/ agreement documents between the parties were missing.

8. Thereafter, the complainant tried to contact OP1 but to no avail. On 12.5.2016, the complainant contacted the credit card’s customer care executive of Axis Bank who informed him that there had been no request from the merchant to convert the amount of Rs.60,000/- into EMI. The complainant got the amount converted into 24 EMIs with interest, processing fee and service tax.

9. On 29.5.2016, the complainant received a call from OP1’s employee. The complainant asked for refund of the amount paid as he has not received the benefits promised. The complainant’s alleges that OP1 to OP3 resorted to unfair trade practice and deficiency in service by mis-representation of facts while offering membership. The complainant prays for refund of Rs.65,000/- along with interest @12%, Rs. 3,00,000/- as compensation and Rs.20,000/- towards litigation expenses.

10. Notice was issued to OPs but OPs failed to appear. OPs were proceeded Ex-parte vide order dated 12.4.2017.

11. Complainant filed Ex-parte evidence and exhibited the following documents:-

1. Original payment receipt of Rs.2,000/- on 20.4.2016 through ATM is exhibited as EX-CW1/1.
2. Copy of temporary contract/agreement along with gift certificate bearing no. 17395 are exhibited as EX-CW1/2(colly) and EX-CW1/3 respectively.  
3. Original Membership kits along with other testimonial documents are exhibited as EX-CW1/4(colly).
4. Screenshot of conversion of payment into EMIs from Axis Bank is exhibited as EX-CW1/5(colly).
5. Original statements of credit card of Sh. Sanjiv Kumar from April to September 2016 are exhibited as EX-CW1/6(colly).
6. Copy of Legal Notice is exhibited as EX-CW1/7(colly).
7. Speed Post receipt is exhibited as EX-CW1/8(colly).
8. Speed Post Tracking report is exhibited as EX-CW1/9(colly).

12. Though, the OPs were proceeded Ex-parte, their counsel Mr. Ankur Saini appeared and addressed the Commission. He submitted that this Commission has no territorial jurisdiction. He further submitted that the payment has been made by a third party and the cancellation request was received after cooling period.
13. This Commission has considered the pleadings and documents placed on record. The complainant has filed a copy of temporary agreement, certificate of membership, and letter from OP1 on record. The certificate of membership dated 20.4.2016 shows that the complainant is a member along with Ms. Pratima Rani. The Agreement annexed with the complaint .gives the travelers name, co-applicant / spouse details, communication and address details, holiday plan, enrollment benefits, payment details and EMI plan along with terms and conditions. The complainant’s name is given in travelers name. The payment details are as follows:-

Holiday package price : 115,000.00

Down payment required : 115,000.00

Down payment received : 65000.00

Annual Facilitation Fee : 6,500.00

EMI Plan

EMI Amount: 0.00

Number of EMI’ sopted: 24 Months

14. It is clear that Rs.65,000/- has been received from the complainant and the number of EMIs opted was 24 months. 
15. OP1’s office being in Sundar Nagar  falls under P.S. Hazrat Nizzamuddin which is covered under the territorial jurisdiction of this Commission.
16. OP1 has not filed any evidence as to when the cancellation was requested by the complainant. As such the averment of cancellation request after cooling period cannot be considered.
17. Complainant has clarified that payment was made through his son’s account and credit card. OP1 has not disputed that the payment was made by complainant’s son. As OP1 at the time of receiving the payment had no hesitation in accepting the payment from anyone on behalf of complainant and issuing a temporary membership to complainant, it is now estopped from taking this objection at the time of request of refund.
18. OP1 has admitted that payment was accepted in complainant’s name to the tune of Rs.65,000/-. However, OP1 has not denied the promises made and assurance given by its own employees. The complainant was promised but not provided additional holiday voucher, VLCC saloon vouchers and copy of contract. Moreover, the assurance of conversion of payment into interest free EMI was made to induce the complainant to take membership. To allure a person, to take membership by making false promises falls within the definition of unfair trade practice. In the absence of any rebuttal or any cogent evidence on behalf of OP, disproving the allegation of complainant, the same stand proved.
19. We therefore, hold OP guilty of unfair trade practice and direct it to:-

1. Refund Rs.65,000/- along with interest @7% from the date of complaint till payment.
2. Pay Rs.15,000/- as compensation for mental agony and harassment.
3. Pay Rs.5,000/- towards litigation charges.

20. This order be complied with within 90 days from the date of the order.  This entire amount is payable to the complainant within a period of 90 days from the date of order failing which the entire amount will further carry an interest @9% per annum till it is paid to the complainant.
21. File be consigned to record room.