DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.57/2017

1. Shri Shailesh Kumar Singh

2. Ms. Shweta Singh

W/o Shri Shailesh Kumar Singh

Both R/o B-129, 1^st Floor, Panchsheel Vihar,

           Malviya Nagar, New Delhi-110017.

                                                                                      ….Complainants

Versus

Journeys Resorts Pvt. Ltd.

I.T. Composite Towers, Plot No.-1,

I.D.C. Mehrauli Road, Gurgaon-122001.                        ….Opposite Party

                                                            Date of Institution        : 14.02.17      Date of Order                : 21.01.19   

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Member

ORDER

Member - Kiran Kaushal

Facts of the complaint in the nut-shell are:-

1. The complainants Shailesh Kumar Singh and his wife Shweta Singh were approached by the agent of Journey Resorts Pvt. Ltd. (OP) for filling up a lucky draw voucher for free vacation.
2. Having filled the voucher the complainants received various phone calls from OP to visit their office as complainants were declared lucky draw winners. When the complainants visited the office of the OP, they were shown a presentation where exotic locations were shown to entice the complainants. In the midst of the presentation OP presented certain papers and lured the complainants to join the membership scheme, offering them two payment options. OP further insisted the complainants to buy the membership scheme stating that the said offer was valid only for that day. It is stated that the complainants aqueisized and opted for EMI payment to be paid in 24 months.
3. It is next averred that the complainants did not get much time to read the papers. Being convinced by the OP’s presentation and enticing offer the complainants agreed to join the membership and make the payment in 24 installments. Complainants made the payment through American Express Card but the complainant was surprised as they had opted for payment to be paid in 24 equal instalments but the representative of OP had swiped the full amount of Rs.64,800/- in one go. It is further stated that when the complainant realized the malafide intention of OP, they requested the OP to cancel the membership and to refund the amount paid by them to the OP. It is further averred that in this regard the complainants wrote several mails and made various telephone calls to the OP to refund the amount but to no avail. It is further submitted by the complainants that they never availed any offer or services of the OP.
4. Aggrieved by the circumstances above, the complainants approached this Forum with the following prayer:-

1. Direct the opposite party to refund my money of Rs.64,800/- with interest @ 18% till realization of the payment.
2. Direct the opposite party to pay the compensation of Rs.2,00,000/- to me towards mental agony, mental torture, harassment, financial loss etc.
3. Direct the opposite party to pay Rs.25,000/- to me towards the litigation and miscellaneous expenses.

2. Notice wad duly served upon the OP but none appeared on their behalf to contest the case of the complainants. Hence, OP was proceeded exparte vide order dated 09.08.2017.
3. Complainant filed exparte evidence.  The complainant reiterates whatever is stated in the complaint as well in evidence by way of affidavit.
4. Complainant has supported his case by placing on record filed the following documents – copy of the agreement annexed as Annexure CW/1 (colly) and mails exchanged between the parties as Annexure CW/2 (colly).
5. Arguments on behalf of the complainant are heard and record perused.
6. Averments made in the complaint and evidence led by the complainants have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant.
7. It is pleaded that the complainant purchased membership on 08.07.2016 from the OP reposing full faith in the OP company. The complainant had agreed to make EMI payment spread in 24 equal installments but were shocked when the lumpsum payment of Rs.64,800/- was swiped in one go.
8. After having heard the submissions made by the complainant and perusing the material placed on record. It is observed that the main contention of the complainants is that the representative of OP had made false promises which were revealed after the complainants went through the terms and conditions of the agreement. The complainants had hurriedly signed the agreement in the office of OP as the OP pressurized / had lured them stating that the lucrative offer was valid only till that particular day. It is noticed that the complainants purchased the membership on 08.07.2016 and started seeking cancellation of membership within 2-3 days. Complainants have placed on record the mail written to OP dated 11.07.2016 wherein the complainants have sought cancellation of the membership and refund of money as soon as possible. In the revert mail dated 21.07.2016 OP regretted the inconvenience caused to the complainants and has admitted that the cancellation will be processed as per the terms and conditions of the company. It is submitted that the stipulated time frame for any refund is 90 working days.
9. Forum is of the opinion that despite acknowledging the cancellation, and admitting that the time frame for refund to be 90 working days, OP till date has not refunded the payment made by the complainants. This shows the malafide intention of OP and its indulgence in unfair trade practice. Further the Forum is of the opinion that the complainants did not have a ‘free look’ period wherein the complainants were given a right to go through the agreement carefully and an option to cancel the membership, subject to certain conditions and deductions. No such opportunity has been provided to the complainants in this case. Therefore, the agreement between the parties is unconscionable and unjustified.
10. Thus, the complainants not having availed any services of OP for which he had paid an amount of Rs.64,800/-, OP should have considered the request of the complainants to refund the amount paid by him.
11. Hence, from the discussions above, we hold OP guilty of unfair trade practice and allow the complaint. OP is directed to refund Rs.64,800/- alongwith interest @ 6% to the complainants from the date of payment to OP till realization. Additionally OP is directed to pay Rs.10,000/-  towards mental agony and litigation expenses to the complainants.
12. OP is directed to pay the complainants within a period of 45 days from the date of receipt of the copy of this order failing which the OP shall become liable to pay interest @ 10% p.a. on the amount of Rs.64,800/- from the date the payment to OP till realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 21.01.19.