DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.290/15
Sukanta Kumar Mandal
S/o Shri A.K. Mandal
R/o 240/10, Amrit Puri
East of Kailash
New Delhi-110065. .…Complainant
VERSUS
Jukaso Resorts Pvt. Ltd.
Through Manager
B-109, Ansal Plaza
Khel Gaon Marg
New Delhi-110016.
Corporate Office
Jukaso Resorts Pvt. Ltd.
I.T. Opposite Towers, Plot No. 1
IDC Mehrouli Road
Gurgaon-122001. ….Opposite Party
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Date of Institution:15.10.2015
Date of Order : 02.05.2023
President: Ms. Monika A Srivastava,
The complainant has filed the present complaint seeking a sum of Rs. 1,50,000/- for mental torture, agony and harassment. The complainant also seek return of amount which was paid to the OP and Rs. 25,000/- for litigation expenses totalling Rs.2,13,549/.
- It is stated by the complainant that he visited the Ansal Plaza office of the OP and was offered a membership with the OP with best of features. It is stated that the complainant being under the influence of OP made a payment of Rs.35,000/- by credit card, copy of which is annexed along with the complaint.
- The complainant on the very next day called up on the number provided by the OP and was in for a shock when he realised that the features and offers that were shown to him were not the same as were offered by the OP.
- It is stated by the complainant that since he had no other way he requested the OP to stop payment and refund the money an email in this regard was also sent but no reply was received from the OP.
- Complainant visited the office of the OP where he was informed that a verification and confirmation call would be received before processing of membership but that did not happen till about a month.
- It is stated by the complainant that he made several visits to the office of the OP and was given an appointment at Gurgaon where he was made to wait the entire day but the OP refused to meet the complainant.
- It is the case of the complainant that OP is indulging in unfair trade practice and has been deficient in its services because of which the complainant has suffered mental torture, agony and harassment which cannot be compensated in terms of money.
- The OP, in its reply have stated that the complaint is misconceived and the OP was always willing to refund the part membership charges paid by the complainant after deducting the amount and taxes as per the cancellation clause of the membership application signed by the complainant but the complainant was adamant on receiving the entire payment made through credit card along with the interest charged by the concerned bank which the complainant had not paid on time and because of which the bank had charged interest. It is also stated by the OP that they are still willing to offer the services as mentioned in the membership application form and also are willing to refund the amount after necessary deduction and taxes as per the rules governed by the membership application form.
- On merits, it is agreed by the OP that the complainant along with his wife visited their Ansal Plaza office and voluntarily made a payment of Rs. 30,000/- through credit card however there was no pressure or force put by the OP to sign the membership application form. It is stated by the OP that as per the email communication, the complainant was informed about the cancellation clause and was informed that the amount can only be refunded after deductions to which the complainant was not agreeable.
- It is denied by the OP that they have not indulged in any unfair trade practice or deficiency of service because of which the complainant had to suffer mental torture, agony or harassment.
It is noticed that the complainant has not filed a regular rejoinder and has filed a one page rejoinder in which it is stated that the complainant is entitled to get the refund of his hard earned money. Evidence affidavits as well as written arguments have been filed by the complainant and despite opportunity the OP has not filed it's written arguments. Oral arguments were heard in detail and thereafter the matter was reserved for orders.
At the time of oral arguments, the counsel for the OP had raised an oral prayer that this Commission does not have the territorial jurisdiction to entertain this complaint. It is seen from the record that the OP in its own written statement has admitted that the complainant visited their office at Ansal Plaza where in the part payment was made by the complainant therefore, this oral prayer of the OP about the territorial jurisdiction being not with this Commission at this belated stage is without any merit and is rejected.
It is also seen that the OP has not filed any document in support of its case and the complainant has filed the receipt and the credit card details showing the payment made to the OP as Rs.35,000/- and the email chat between the OP and the complainant also shows that after various attempts by the complainant, the OP was willing to refund the amount without any clarification as to how much amount would be refunded. It is also seen from the written statement of the OP that they are willing to refund the amount as per the cancellation clause contained in the membership agreement which has not been placed on record. Therefore, this Commission is of the view that the OP has indulged in unfair trade practices and is liable to refund Rs.35,000/- along with interest at 6% p.a from the date of deposit till realisation within 3 months from the date of this order failing which the said amount shall be payable with interest at 9%p.a. The OP is also liable to pay Rs.10,000/- as cost for mental agony caused to the complainant on account of their acts.
File be consigned to the record room after giving copy of the order to the parties as per rules.
