Chandigarh

DF-II

CC/246/2018

Anita Parvan - Complainant(s)

Versus

Magic Holidays (Panoramic Group) - Opp.Party(s)

Subhash Chand Gupta Adv.

08 Oct 2018

ORDER

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

Consumer Complaint  No	:	246 of 2018
Date  of  Institution	:	01.05.2018
Date   of   Decision	:	08.10.2018

 

 

 

 

Anita Parvan wife of Sh.Ashok Parvan, resident of H.No.678, Sector 21, Panchkula 134112        

             …..Complainant

Versus

1]  Magic Holidays (Panoramic Group), through its Chairman/Managing Director, Khatau House, Basement, Plot No.401/411, Mogul Lane, Mahim (W) Mumbai 400016

2]  Branch Manager, Magic Holidays (Panoramic Group), 2^nd Floor, SCO No.491-92, Near ICICI Bank, Sub City Centre, Sector 35-C, Chandigarh.

                          ….. Opposite Parties

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

         SMT.PRITI MALHOTRA        MEMBER

                                SH.RAVINDER SINGH         MEMBER 

 

For Complainant :    Sh.Subhash Chand Gupta, Advocate.  

For OP(s)       :    Sh.Daljit Singh, Authorised Agent

 

 

PER PRITI MALHOTRA, MEMBER

 

         The case of the complainant, in brief, is that she being allured by the assurances given by the representative of the OPs with regard to providing best package for holidays in India and abroad, enrolled herself on 27.1.2018 with Opposite Parties by paying the initial membership charges of Rs.55,500/- (out of total membership fee of Rs.2,22,000/-) and signed the Magic Holiday Scheme Member Application Form (Ann.A). It is averred that the complainant was also assured that she shall pay as MSF a fixed sum of Rs.1300/- per room per night stay in any of the properties in India, Rs.2200/- per room per night stay abroad in any country & any location and that these rates shall not change during entire membership period of 25 years and maximum 100 nights of stay.  It is also stated that the balance amount was to be paid in 12 monthly installments of Rs.12,950/- each through SBI Credit Card. However, the complainant on receiving the Welcome Kit and its enclosures including the terms & conditions, found the same to be totally different from the promises as made by the representative of the OPs and as such sent email in writing on 28.2.2018 (Ann.E) followed by reminder on 18.3.2018 (Ann.H) for cancellation of the membership and refund of Rs.55,500/-, but to no avail.  Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of OPs.

 

2]       The Opposite Parties have filed joint reply and while admitting the factual matrix of the case, stated that complainant along with her husband Mr.Ashok Kumar had taken a 25 Years Flexi Magic White Studio Membership of OPs with 100 Nights Holidays, costing Rs.2,22,000/-, but instead of paying the full membership fee, the complainant opted to pay the membership fee in 12 monthly installment of Rs.12,950/- each and paid only a down payment of Rs.66,600/-.  It is stated that the complainant opted the membership of the Opposite Parties after going through the Membership Form, Rules etc. It is submitted that the complainant had accepted three free gifts including holiday voucher and cash back.  It is also submitted that no refund is due to the complainant and she is not entitled for any refund as the same is non-refundable as per contract signed by her.  It is further submitted that the complainant did not approached the Opposite Parties within look-in period of 10 days from the date of taking the membership, so the complainant was not eligible for any refund. Pleading no deficiency in service and denying rest of the allegations, the Opposite Parties have prayed for dismissal of the complaint.

 

3]       The complainant also filed replication thereby reiterating the assertions as made in the complaint and controverting that of the Opposite Parties made in its reply.

 

4]      Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and have also perused the record.

 

6]       No issue with regard to the factum that after being enticed by the lucrative offers made by the Opposite Parties, the complainant got attracted and resultantly availed holiday packages scheme of the Opposite Parties.  It is undisputed that the complainant was enrolled as Member of Opposite Parties on 27.1.2018 when she submitted her application form for the Membership of Opposite Parties and also make payment of Rs.55,500/- through Debit Card.

 

7]       It is a clear case of the complainant that Welcome Kit containing details of terms & conditions of the Membership was made available to her through email on 15.2.2018 (Ann.C), though allegedly were committed to be provided within 10 days from the date of enrollment.  Further, the email dated 28.2.2018 (Ann.E) is evident of the fact that the complainant after going through the terms & conditions of the membership, realized that the same are totally in variance to the offers/conditions as explained at the time of offering of membership by the OPs.  Vide said email dated 28.2.2018, the complainant immediately requested the Opposite Parties for cancellation of her Membership and also for the refund of the amount paid.  The said request was kept in hold by the Opposite Parties and they asked the complainant to rethink for the decision of cancellation, which they conveyed vide email dated 01.03.2018 (Ann.C). When once the complainant vide subsequent emails conveyed her determination about the decision earlier taken, the OPs with mala-fide intention vide mail dated 19.3.2018 refused to refund the amount paid by the complainant as membership fee on the pretext that the same had been adjusted first in admission cost, which as per their terms & conditions is non-refundable.  Being aggrieved, the complainant was forced to issue legal notice, which when failed to fetch any result, further forced the complainant to file the present complaint to get back her rightful claim of refund of the amount paid.

 

8]       All the pleas raised by the OPs in their reply as well in the arguments, are altogether absurd and are not, in any way, helpful to them.  The first objection raised by the Opposite Parties that this Forum has no jurisdiction to entertain & adjudicate this complaint, is not maintainable for the simple reason that the Magic Holiday Scheme Member Application Form (Ex.1), placed on record by the OPs themselves reveals that it has been got filled & signed at Chandigarh on 27.1.2018 and as such, the part of cause of action has accrued to the complainant at Chandigarh.  Thus, this Forum has the jurisdiction to entertain & adjudicate the present complaint.

 

9]       Another plea of the Opposite Parties is that the complainant had applied for the membership of OPs after having gone through the terms & conditions of the Membership Form disclosing the cancellation policy and had not applied for the cancellation of the membership within the stipulated period.  This plea of the Opposite Parties is also untenable for the reason that the terms & conditions mentioned in the application form are in miniature form and not in detail and it is only after receiving the Welcome Kit by the complainant on 15.2.2018, she came to know about the detailed terms & conditions disclosing cancellation policy of the OPs and thereafter, the complainant rightly approached the OPs on 28.2.2018 i.e. within a reasonable time period for cancellation of her membership and refund of amount.  It is observed that the terms & conditions so placed on record are also in such a miniature form that it cannot be easily readable through naked eyes, which reflects the malafide of the Opposite Parties.

 

10]      The plea of the Opposite Parties that the complainant also accepted free gifts worth Rs.29,970/- is ridiculous.  The OPs claimed to have given the free gifts, but failed to establish on record by any documentary proof about availing of any benefit out of such gifts by the complainant, as alleged.  The claim of the Opposite Parties that the complainant also availed cash back benefit of Rs.11,100/- is altogether an eye wash, without any proof to that effect. 

 

11]      The non-refund of the booking amount by the OPs, in the given scenario not only amounts to deficiency in service but also tantamounts to glaring example of adopting unfair practices by the Opposite Parties, who lay a trap to attract the gullible consumers by projecting high deals & benefits, with hidden intention to deceive them.  It is observed that the Opposite Parties instead of working on the cancellation request of the complainant and making her refund, tried to take shelter under the vague terms & conditions mentioned in standard format of contract which are only beneficial to the executant and are non-favourable to the other party to the contract.  It is so observed that such kind of unfair practices of the Opposite Parties are being materialized under the garb of Holiday Package Policy by providing the in-house hospitality done at the time of offering of the membership.  We are of the considered opinion that this practice needs to be curbed.

         From the discussion above, it is established that the complainant is entitled for her hard earned money of Rs.55,500/-, which the Opposite Parties have illegally refused to refund by declining the request of the complainant. 

 

12]      In view of above findings, the complaint is allowed with direction to the Opposite Parties to refund an amount of Rs.55,500/- to the complainant with interest @9% per annum from the date of receipt i.e. 27.1.2018 till realization along with compensatory cost of Rs.20,000/- and litigation expenses of  Rs.7000/-.

         This order be complied with by the OPs within a period of 30 days from the date of receipt of its certified copy, failing which the Opposite Parties shall also be liable to pay additional cost of Rs.10,000/- apart from the above relief.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

8^th October, 2018                                                          Sd/-

                                                                   (RAJAN DEWAN)

PRESIDENT

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER