Chandigarh

DF-I

CC/52/2016

Manisha Seth - Complainant(s)

Versus

Jukaso Resorts Pvt. Ltd. - Opp.Party(s)

J S Mann

27 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

==========

Consumer Complaint  No	:	CC/52/2016
Date  of  Institution	:	22/01/2016
Date   of   Decision	:	27/02/2017

 

 

 

 

 

Manisha Seth W/o Manu Sharma, resident of House No.1678, Phase 10, Opposite Smart Kids Schools, Mohali, India – 160055.

…………. Complainant.

Vs

 

1.   Jukaso Resorts Private Limited, IT Composite Tower, Plot No.1, Mehrauli Road, Gurgaon – 122001, through its Chairman.

2.   Jukaso Resorts Private Limited, Branch Office, SCO 222-223, 3^rd Floor, Sector 34-A, Chandigarh, through its Authorized Representative.

……… Opposite Parties

 

BEFORE:   SH.S.S. PANESAR              PRESIDENT

                MRS.SURJEET KAUR          MEMBER

                SH. S.K.SARDANA              MEMBER

 

For Complainant	:	Sh. J.S. Mann, Advocate.
For Opposite Parties	:	Sh. Gaurav Bhardwaj, Proxy Counsel for Sh. Vinay Kumar Mishra, Advocate.

 

PER SURJEET KAUR, MEMBER

 

 

          Succinctly put, the Complainant purchased the Membership of Opposite Parties on 26.01.2014 after paying a sum of Rs.29,880/-. A contract was also executed between them on 26.01.2014. It has been alleged that as per Clause 6.5 of the terms & conditions of the said contract, the Complainant can withdraw her application for Membership within 10 days from the date of execution of the contract. Accordingly, the Complainant submitted her application for cancellation of Membership on 29.01.2014. It has been alleged that as per the terms & conditions of the contract, the Opposite Parties were bound to deduct Rs.3,000/- from the payment received and refund the balance amount to the Complainant. However, the Opposite Parties did not refund the said amount to the Complainant despite several reminders and follow ups. With the cup of woes brimming, the Complainant has filed the instant consumer complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties.

 

2.      Notice of the complaint was sent to Opposite Parties seeking their version of the case.

 

3.      Opposite Parties in their reply, while admitting the factual aspects of the case, have pleaded that the Complainant was told that Clause No.6 of the terms and conditions of the Membership Application Form regarding cancellation of the Membership shall be subject to making payment of total payment of the membership cost and it will not apply to the down payment/ token payment. It has been asserted that efforts were made by the representative of the Opposite Parties to persuade the Complainant to continue with her membership, but she was adamant for the refund of her membership amount, which is not permissible as per the rules of the Membership Agreement duly signed by the Complainant at the time of taking the Membership. Denying all other allegations and stating that there is no deficiency in service on its part, Opposite Party has prayed for dismissal of the complaint. 

 

4.      Parties were permitted to place their respective evidence on record in support of their contentions.

 

5.      We have heard the learned Counsel for Complainant and have also perused the record. 

 

6.      It is evident from Annexure C-1 the copy of the Membership Form that the Complainant purchased the membership and entered into a contract with the Opposite Parties on 26.01.2014 after paying a sum of Rs.29,880/- towards the membership fee. The case of the Complainant is that as per the terms & conditions of the contract executed between her and the Opposite Parties, she could withdraw her application for Membership within 10 days from the date of execution of the contract. Being dissatisfied with the contract of the Opposite Parties, the Complainant sent an application for cancellation of the aforesaid Membership on 29.01.2014 (Annexure C-2). Annexure C-3 is the copies of the courier receipt and postal receipt dated 30.01.2014 depicting that the Complainant sent her request dated 29.1.2014 to the Opposite Parties not only by courier, but through registered post also. Annexure C-5 is an e-mail dated 30.1.2014 sent by the Complainant to the Opposite Parties regarding termination of Membership and refund of the amount paid by her. When nothing positive could come out, the Complainant sent a reminder dated 02.03.2014 to the Opposite Parties to do the needful.

 

7.      The stand taken by the Opposite Parties is that Clause 6 of the terms & conditions of the Membership Application Form was applicable only subject to making the payment of total payment of the membership cost and it does not apply to the down payment as in the case of the Complainant. Therefore, as per the Opposite Parties, the Complaint is liable to be dismissed.

 

8.      After going through the entire evidence placed before us, we found that the Complainant raised the issue of termination of her membership and refund within few days of the contract. Clause 6.1 of the Membership Rules deals with ‘Termination’. For the sake of precision, the said clause is reproduced below: -

 

“6.1 In the event of termination/cancellation of JJM; the following shall apply.

Rescission Period Termination/Cancellation:

Withdrawal of application for JJM shall be permitted within the Rescission Period which is 10 days from the date of execution/ signing of the membership application form, provided such request for withdrawal is made in writing and signed (by both the Applicants/ Members in case of Joint Membership) and reaches JRPL within 10 days from the date of execution/ signing of the Membership application form. In the event of such withdrawal within 10 days, JRPL shall refund the amount received from the Member towards Membership Fee, after deducting processing fee of Rs.3000.00.”

 

          The afore-extracted clause makes it amply clear that in the event of a withdrawal within 10 days, the Opposite Parties shall refund the amount received from the Member towards membership fee after deducting the processing fee of Rs.3,000/-. Since the Complainant requested the Opposite Parties vide her request dated 29.1.2014 (Annexure C-2) for the termination of her membership dated 26.01.2014 and refund of the amount paid by her, she is certainly entitled to get the refund of the amount paid by her, but subject to deduction of processing fee of Rs.3,000/- as per Clause 6.1 of the Membership Rules, ibid. 

 

9.      At any rate, the aforesaid Membership Rules have been framed by the Opposite Parties themselves, therefore, they are bound to honour the same. Therefore, the act of the Opposite Parties in not honouring their own terms & conditions by not refunding the amount paid by the Complainant proves deficiency in service on their part, which certainly has caused immense, mental and physical harassment to the complainant.

 

10.      In the light of above observations, we are of the concerted view that the Opposite Parties are found deficient in giving proper service to the complainant and having indulged in unfair trade practice. Hence, the present complaint of the Complainant deserves to succeed against the Opposite Parties, and the same is allowed, qua them. The Opposite Parties are, jointly and severally, directed:-

 

[a]    To refund Rs.26,880/- (Rs.29,880/- minus Rs.3,000) to the Complainant;

 

[b]    To pay Rs.7,000/- as compensation for mental agony & harassment suffered by the complainant;

 

[c]    To pay Rs.5,000/- as costs of litigation.

 

 

11.      The above said order be complied with by the Opposite Parties, within 30 days from the date of receipt of its certified copy, failing which the amount at Sr. No. [a] and [b] above shall carry interest @12% per annum from the date of filing of the present Complaint, till actual payment, besides payment of litigation costs.

 

12.      Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

27^th February, 2017                                           

Sd/-                                      

(S.S. PANESAR)

PRESIDENT

 

 

Sd/-

(SURJEET KAUR)

MEMBER

 

 

Sd/-

(S.K.SARDANA)                                                                                                      MEMBER

“Dutt”