Versus
- Managing Director, LRW International Pvt. Ltd ,(Formerly known as LA RAMADA World Pvt. Ltd.), A-79, 2nd Floor, Okhla, Industrial Area, Phase II, D.D.A. Shed, New Delhi-110020.
LRW International Pvt. Ltd, (Formerly known as LA RAMADA World Pvt. Ltd.) A-79, 2nd Floor, Okhla, Industrial Area, Phase II, D.D.A. Shed, New Delhi-110020 through its Managing Director.
- Mr. Kumar Sambhav, LRW International Pvt. Ltd ,(Formerly known as LA RAMADA World Pvt. Ltd.), A-79, 2nd Floor, Okhla, Industrial Area, Phase II, D.D.A. Shed, New Delhi-110020.
(Email ID :sales@lrw.co.in)
- Mr. Naveen, LRW International Pvt. Ltd ,(Formerly known as LA RAMADA World Pvt. Ltd.), A-79, 2nd Floor, Okhla, Industrial Area, Phase II, D.D.A. Shed, New Delhi-110020. …..Opposite parties
Complaint Under section 35 of the Consumer Protection Act.
QUORUM:
SH. SANJEEV BATRA, PRESIDENT
MS. MONIKA BHAGAT, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Sh. Rakesh Kumar Sharma, Advocate.
For OPs : Exparte.
ORDER
PER SANJEEV BATRA, PRESIDENT
1. In brief, the facts of the case as pleaded by the complainant in his complaint are that on 30.03.2022, the OPs organized a seminar for holiday/tour packages at Hotel Nagpal Regency at Ludhiana for their business purposes and after seeing the advertisement, the complainant joined the said seminar to get good deals for holiday/tour package and there the complainant met with OP2 and OP3. i.e. the employees of OP1 who offered a deal to stay in 5 star hotels while travelling under holiday package for one year including one tour package to Dubai with family under cost of Rs.80,000/- at Nagpal Regency, Ludhiana where the OPs organized the seminar. The complainant asked them that in case in future, if the complainant wants to discontinue the same, then OP2 told that they will take their case as a special client and his full money will be refunded and also insisted to the complainant to make the payment by saying that it is one time offer for him in discounted rates. Believing the said representation of OP2 and OP3, the complainant had made the payment of Rs.80,000/- through his debit card during the course of the day to the company at the time attending the seminar organized by company at Nagpal Regency, Ludhiana. After payment, when the complainant was talking with the OP2 and OP3, he felt some mischief from their side and on the spot, the complainant requested them to refund the amount as he was not interested to continue with the offer. But OP2 told to the complainant that they take the complainant as a special customer and for refund process, first of all the complainant have to sign the agreement and request form and also sent a request mail for refund to their companies official mail ID if he wants to discontinue and for refund of amount and the amount will be refunded within 15 days. Believing the said version, the complainant had signed the agreement as well as request form on the same day i.e. 30.03.2022 and also send the request mail for refund of amount of Rs.80,000/- to the official mail ID of OPs. Despite all this and making repeated requests, OPs failed to refund the amount of Rs.80,000/- to the complainant and have always been delaying the matter on one pretext or the others. The complainant got served a legal notice dated 21.04.2022 upon the OPs but to no avail. In the end, the complainant prayed for issuing directions to opposite parties to refund the amount along with interest amounting to Rs.80,800/- and also to pay compensation of Rs.1 lac besides litigation expenses of Rs.20,000/-.
2. Notice of the complaint was issued to the opposite parties through registered post on 24.09.2022 but none turned up for the opposite parties and as such, the opposite parties were proceeded against exparte vide order dated 02.12.2022.
3. In support of his exparte claim, the complainant tendered his affidavit Ex. CA in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents Ex. C1 is the copy of Aadhar card of the complainant, Ex. C2 to Ex.C13 i.e. photocopies of Email message details/correspondence sent by him to the OPs, Ex.C14 is the copy of Duplicate Statement of Account qua transaction of credit card of the complainant, Ex.C15 is the copy of legal notice dated 21.04.2022 sent by the complainant to the OPs and closed the evidence.
4. We have heard the arguments of the counsel for the complainant and also gone through the complaint, affidavit and annexed documents produced on record by the complainant.
5. It has been stated by the complainant in the complaint as well as in the affidavit Ex.CA that he obtained membership from the OPs for a sum of Rs.80,000/-. The payment of Rs.80,000/- shown to have been made to the OPs as per account statement of credit card Ex. C14 (page 26). However, the complainant requested the OPs for refund of his amount of Rs.80,000/- immediately on 30.03.2022 itself. The complainant placed on record Emails Ex. C2 to Ex. C10 regarding refund of booking amount. However, the OPs did not make the refund of said amount despite sending Emails as well as legal notice dated 21.04.2022 Ex. C15. This clearly not only amounts to deficiency of service but also is an unfair trade practice on the part of the OPs. The allegations made in the complaint and in the affidavit Ex.CA have gone unrebutted on record as the OPs did not choose to contest the case and were proceeded against exparte. In these circumstances, this Commission is of the considered view that since it has been proved on record that the OPs have been guilty of providing deficient service and have also been resorting to unfair trade practice, they are liable to refund the membership fee of Rs.80,000/- to the complainant as the complainant does not want to retain the membership any further and the OPs are further burdened to pay composite costs of Rs.10,000/- to the complainant.
6. As a result of above discussion, the complaint is exparte partly allowed to the extent that the OPs shall refund the amount of Rs.80,000/- to the complainant within 30 days from the date of receipt of copy of order, failing which the complainant shall be held entitled to interest @8% per annum from the date of order till its actual payment. The complainant is further held entitled to a composite costs of Rs.10,000/- (Rupees Ten Thousand only). The compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
7. Due to huge pendency of cases, the complaint could not be decided within statutory period.
(Monika Bhagat) (Sanjeev Batra)
Member President
Announced in Open Commission.
Dated:17.11.2023.
Gobind Ram.
