DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.48/2017
Ms. Meena Sharma
R/o E-100, 2nd Floor, Saket,
New Delhi ….Complainant
Versus
M/s Jukaso Journey Pvt. Ltd.
through its Chairman & Managing Director
Shop No.17, 1st Floor, MGF Metropolitan Mall,
Saket New Delhi-110017 ….Opposite Party
Date of Institution : 06.02.17 Date of Order : 26.09.18
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
ORDER
Member - Kiran Kaushal
Briefly stated facts of the complaint are that:
1. The complainant Ms. Meena Sharma, took membership for 10 years on a one time lumpsum membership fee of Rs.1,42,800/- from M/s Jukaso Journey Pvt. Ltd. ( in short, the OP). The representatives of OP while giving the membership also explained that the members are required to pay annual maintenance charges and the complainant was entitled to a holiday of 7 days in a year in OP’s resorts/affiliated resorts. Some additional benefits were also offered by the OP which included free holiday of 2 nights & 3 days at one of their resorts, refund of interest and processing charges, charged by the credit card company through which the payment was made on EMI basis and one mini i-Pad. Complainant also told that all the facilities provided by the OP were of four star category. It was the tall claims made by the representatives of the OP that lured the complainant and she made the payment of Rs.1,42,800/- through her City Bank Credit Card. Proof of payment has been annexed as Annexure C-1.
1.1 After constant correspondence with the OP and lapse of two months the processing charges as well as the interest as promised, was not paid by OP. OP also failed to fulfill the promise of giving a mini i-paid to the complainant.
1.2 The complainant alongwith her family and their family friend’s visited the OP’s Jim Corbett on 30.06.16 to avail the 2 nights & 3 days voucher given as additional benefits. On reaching Jim Corbett it was found that the resort was in a pathetic condition, poorly maintained, smelly and the food was being served in broken crockery in their restaurant. At being dismayed with the facilities in the resort, the complainant decided not to check in and instead went to another resort, “The River View Retreat” on 30.06.16 and paid boarding and lodging charges for 2 nights and 3 days.
1.3 The awful experience of visiting Jim Corbett made the complainant decide not to carry on with the membership. She requested the OP to cancel the membership and refund her amount alongwith the processing charges and interest paid by her. The OP’s Take Over Manager Sh. Rahul Kumar informed the complainant that the easiest way to get the refund was to write to the Credit Card Company and request for a charge back. The complainant contacted the Customer Care Centre of Credit Card Company i.e. Citi bank in July 2016. She lodged a dispute regarding the transaction of Rs.1,42,800/- dated 09.04.16 and requested for a charge back. The Credit Card Company provisionally credited the amount. But it was in the first week of November 2016, the Credit Card Company informed her that the investigation has been completed and the transaction has been found to be valid. Accordingly the provisional charge back done on 19.07.16 will be reversed in the next statement.
1.3 After constant follow up with the officials of OP it was finally acknowledged on 17.12.16 by an e-mail that the refund will be processed provided the complainant agreed to a deduction of Rs.5000/- as cancellation charges plus service tax of Rs.750/-, Credit Card Commission @ 2% amounting to Rs.1500/-, cumulatively amounting to Rs. 7250/-.
1.4 Since the complainant was not satisfied with the services of the OP the complainant under compulsion agreed to the deductions and requested for an early refund. On 11.01.17 after constant follow up the OP issued a post dated 21.04.17 cheque of Rs.1,33,480/- which could only be presented for payment only on or after 21.04.17. Copy of the cheque has been annexed as Annexure C-11. It is alleged that the OP has time and again failed to keep up its commitments and has acted in the most unprofessional manner. The complainant has not availed any benefit of membership. Therefore, this complaint, with the prayers to refund the membership fee of Rs.1,42,800/- alongwith interest @ 18% per annum, to reimburse loss of Rs.20,360.38 p alongwith interest @ 18% and to pay a sum of Rs. 72,000/- towards physical strain, metal agony and cost of litigation.
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3. Exparte evidence by way of affidavit as well as exparte written arguments filed by the complainant.
4. The complainant reiterates whatever stated in her complaint as well as in her evidence by way of affidavit. She has supported her case by placing on record proof of payment made as membership fee, emails exchanged between the parties, 3 membership vouchers, accounts summary of Citi Bank Credit Card and photocopy of cheque dated 21.04.17 of Rs.1,33,480/-.
5. We have heard the complainant and her counsel. We have also carefully perused the record.
6. Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant.
7. After going through the records and submissions made by the complainant it is noticed that the complainant purchased a membership on 19.04.16 from the OP for 10 years on a one time lumpsum membership fee of Rs.1,42,800/-. By becoming the member the complainant was entitled to a holiday of 7 days in a year in OP’s resorts/affiliated resorts. At the time of explaining the benefits some additional benefits were also offered by the OP which included free holiday of 2 nights & 3 days at one of their resorts, refund of interest and processing charges, charged by the credit card company through which the payment was made on EMI basis and one mini i-Pad.
8. Complainant alongwith her family and friends tried availing one of the benefit voucher sent by the OP and visited OP’s Jim Corbett Resort. But to her dismay the condition of the resort was very pathetic. Hence the complainant alongwith her family and friends did not stay at OP’s Jim Corbett Resort instead paid for boarding and lodging and stayed at a different resort. Despite repeated reminders to the OP for additional benefits such as refund of interest, process charges and one mini i-paid OP did not fulfill their commitment. Hence, smelling a foul play the complainant requested for cancellation of the membership as well as refund of the membership amount.
9. After constant follow up the OP finally acknowledged on 17.12.16 through an email that the refund will be processed provided the complainant agreed for deduction of Rs.5,000/- as cancellation charges plus service tax of Rs.750/-, Credit Card Commission @ 2% amounting to Rs.15,00/-, cumulatively amounting to Rs.7250/-. As the complainant was not satisfied with the services of the OP, the complainant under compulsion agreed to the deduction and requested for early refund. On 11.01.17 the OP issued a post dated 21.04.17 cheque of Rs.1,33,480/- which could be presented for payment only on or after 21.04.17.
10. As discussed above the complainant signed a membership agreement by paying a membership fee of Rs.1,42,800/- and finally agreed to settle for an amount of Rs.1,33,480/ which was paid by OP by issuing a post dated cheque. This was a settlement made by the parties and as per settlement terms the membership money has been refunded to the complainant. We do not find the settlement to be one sided as the deductions made by the OP can be adjusted towards their administrative charges.
11. It is the case of the complainant that lot of inconvenience was caused to her and her family when they went to Jim Corbett where they found that the resort offered by the OP was not properly maintained and was in pathetic condition.
12. Therefore, this Forum is of the opinion that the OP inflicted embarrassment, lot of inconvenience to the complainant and her family and as such the complainant is entitled for compensation of Rs.10,000/- to be paid within 30 days from the date of receipt of copy of this order.
Failing which the OP shall be liable to pay the said amount of Rs.10,000/- alongwith interest @ 6% per annum from the date of filing of the complaint till its 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 26.09.18.
