Haryana

Ambala

CC/451/2022

DR.SANDEEP KUMAR. - Complainant(s)

Versus

MAHINDRA HOLIDAYS & RESORTS INDIA LTD. - Opp.Party(s)

GAUTAM CHADHA & SATISH KUMAR

02 Nov 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	451 of 2022
Date of Institution	:	05.12.2022
Date of decision	:	02.11.2023

Dr. Sandeep Kumar aged about 44 years, S/o Sh. Tara Chand, R/o House no. 2689, Street no.2, Patel Road, Opposite Universal Book Shop, Ambala City.

……. Complainant.

Versus

Mahindra Holidays and Resorts India Limited

First Address: A-504, 5th Floor, Elante Office, 178-178A, Industrial Area, Phase 1, Chandigarh - 160001 (Branch Office)

Second Address: Mahindra Towers, 1" Floor, "A" Wing, Dr. G.M. Bhosle Marg, P.K. Kurne Chowk, Worli, Mumbai - 400018 (Corporate Office)

….…. Opposite Party.

 Before:       Smt. Neena Sandhu, President.

                      Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

Present:       Shri Gautam Chadha, Advocate, counsel for the complainant

                     Shri Ajit Pal Mann, Advocate, counsel for the OP.     

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To refund the total amount of Rs.1,54,312/-  alongwith interest @ 12% p.a. from date of payment till its realization;
2. To pay compensation to the tune of Rs.25,000/- on account of mental pain and agony suffered by the complainant due to unfair trade practice and deficiency in service
3. To pay punitive damages to the tune of Rs.1,00,000/- to be deposited in the District Legal Services Authority;
4. To pay litigation expenses of Rs.25,000/-
5. Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of this case are that Mr. Sourav Thakur, Sales Representative of the OP contacted the complainant in the month of February 2021 and convinced him to take membership of Club Mahindra. Resultantly, the complainant took "GoZest Classic" membership of Club Mahindra for 3 years vide ID no.– 2941963 for which he deposited Rs.50,000/- and Rs.48,000/- in total Rs.98,000/- in the account of the OP through his State Bank of India A/c no.20146017099 on 28.02.2021. The complainant, thereafter, came to know that the same aforesaid "GoZest Classic" membership is available for 10% discounted price on online portal of Club Mahindra. When the complainant contacted Mr.Sourav Thakur regarding this, he advised the complainant to cancel the aforesaid "GoZest Classic" membership and took the same via online portal. Resultantly, the complainant sent one e-mail dated 02.03.2021 to Club Mahindra requesting to cancel the aforesaid "GoZest Classic" membership. After that, the complainant got one verification call from Club Mahindra, wherein, the complainant again confirmed the cancellation of aforesaid "GoZest Classic" membership but no needful was done on the part of Club Mahindra. Finally, the complainant received one e-mail from Club Mahindra on 19.04.2021, wherein, Club Mahindra falsely expressed their inability to contact the complainant on his registered mobile number "9996227333" regarding cancellation of "GoZest Classic" membership. The same inability to contact the complainant was falsely expressed by Club Mahindra again in e-mails dated 22.04.2021 and 28.04.2021. Thereafter, the complainant got one e-mail dated 03.05.2021 from Club Mahindra, wherein, again expressing their inability to contact him, the complainant was informed that in case of cancellation of aforesaid "GoZest Classic" membership, 60% of the membership price (Admission Fee - AF) is non-refundable and only 40% of the membership price (Entitlement Fee - EF) is payable subject to deductions, as per Clause 1 and 8 of Terms and Conditions of membership. IT IS PERTINENT TO MENTION HERE THAT THE COMPLAINANT HAS NOT RECEIVED ANY DOCUMENT PERTAINING TO TERMS AND CONDITIONS OF MEMBERSHIP OF CLUB MAHINDRA AT THE TIME OF TAKING AFORESAID "GOZEST CLASSIC" MEMBERSHIP. Thereafter, the complainant was again contacted by Mr. Sourav Thakur, who again managed to convince him that the entire amount of Rs.98,000/- paid with regard to "GoZest Classic" membership would be refunded, in case the complainant would take 25-year membership of Club Mahindra termed as "White Studio" membership. Thereafter, the same deal was confirmed to the complainant by Mr. Naveen Chopra and Mr. Gaurav Bhatnagar of OP (Branch Office). Resultantly, the complainant took the said "White Studio" membership on 30.09.2021 with ID no.2957893. In the said membership, the complainant was to pay EMI of Rs.11,876/- for a period of 48 months, which was to be deducted via auto-debit facility on 8th of every month, besides paying Annual Subscription Fees (ASF) of Rs.19,475/- for the whole period of 25 years. Thereafter, the complainant deposited Rs.32,560/- in the account of the OP through his ICICI Bank A/c no. - 023301509879 on 30.09.2021. First instalment of Rs.11,876/- with regard to the "White Studio" membership was got deducted on 08.11.2021 from the bank account of complainant. However, another deduction of Rs.11,876/- was made from the bank account of complainant towards Club Mahindra on 12.11.2021. The complainant immediately contacted Mr. Sourav Thakur and sent one email to Club Mahindra on 22.11.2021 regarding this, but no needful was done. Thereafter, the complainant sent one e-mail dated 04.12.2021 to Club Mahindra, requesting to cancel the "White Studio" membership; and in return, the complainant received one e-mail from Club Mahindra on same date, i.e., 04.12.2021, wherein, Club Mahindra again falsely expressed their inability to contact the complainant on his registered mobile number -9996227333" regarding cancellation of "White Studio" membership. Thereafter, the complainant got one e-mail dated 06.12.2021 from Club Mahindra, wherein, again expressing their inability to contact the complainant, he was informed that in case of cancellation of "White Studio" membership, 60% of the membership price (Admission Fee - AF) is non- refundable and only 40% of the membership price (Entitlement Fee - EF) is payable subject to deductions, as per Clause 1 and 8 of Terms and Conditions. Thereafter, a number of e-mails were exchanged between the complainant and Club Mahindra regarding cancellation of "White Studio" membership as well as "GoZest Classic" membership, and to refund Rs.1,54,312/- (56,312/- + 98,000/-) paid to the OP with regard to both memberships. But, instead, the complainant received one e-mail dated 05.07.2022 from Club Mahindra, wherein, an amount of Rs.7,364/- was shown to be standing against the complainant with regard to "GoZest Classic" membership. The complainant had paid a total of Rs.1,54,312/- to the OP on account of both the aforesaid memberships of Club Mahindra, which complainant had cancelled within the cooling period of aforesaid memberships. In spite of that, the OP has failed to return even a single paisa of said amount and the complainant has not availed any of its services till date. As such, the OP is under legal obligation to return the complete amount of Rs.1,54,312/-. The complainant served a legal notice upon the OP on 06.10.2022 but to no avail.  Hence, the present complaint.
3.           Upon notice, OP appeared and filed written version wherein it raised preliminary objections to the effect that  the present complaint has been filed by the complainant with malafide intentions to extract money from the OP Company in a blatant illegal manner & further to wriggle himself out of his lawful liability to pay for the Membership Price and no question of any sort of deficiency in service arise at all; the complainant is leveling false and frivolous allegations in the present complaint without any basis; the complainant is very much aware of the Membership Rules and that the Membership is governed by the terms & conditions and Membership Rules so agreed & accepted by him at the time of taking the Membership; the Membership Rules of the Membership in question, as duly agreed & accepted by the complainant at the time of taking the membership, contains the binding stipulations between the parties and this Commission would not, in law, have the jurisdiction to rewrite the contract between the parties; the present complaint requires ample evidence and cannot be tried by this Commission summarily under the Consumer Protection Act etc. On merits, it has been stated that the OP Company offers to its members, inter alia, a membership for 3 years ("Membership Usage Period") under its Holiday Product the Go Zest Holiday Membership, which entitles the Members to avail the holidays based on a set of Points credited every year which the Member has subscribed for as specified in the certificate of Membership in any of the CMR/NCMR during the Membership Usage Period, provided the member is not in breach of any of his/ her obligations set out in the Membership Rules ("Membership Rules"). Under the GoZest Membership, the member is entitled for the holiday & accommodation, while boarding (to & fro expenses) is to be arranged by the member himself/ herself and the food & other charges are to be borne by the member as per consumption. The holiday bookings are always subject to eligibility & availability at the relevant point of time. A member can avail of a holiday by booking the holiday/s through Company's website/ mobile app upon logging into his membership account. Request for reservation can be done from up to 4 months prior to the commencement of the holiday by following the reservation process as enumerated in the Membership Rules. All holiday reservations are done on a first-come-first-served basis and are consequently subject to eligibility and availability. To become the member of the Company, the member has to pay membership fee as per the season and the apartment type opted for by the member. The Membership is governed by the Membership Rules and the Member is bound to abide by the Membership Rules and the terms & conditions of the GoZest Membership as contained in the Membership Application Form.
4.           In the present case, in the month of February 2021, the complainant approached the OP Company and showed interest & inclination to purchase the Club Mahindra GoZest Membership of the OP Company, pursuant to which the representative of the OP Company met the complainant and gave thorough presentation to him as to the benefits of & entitlements under the membership and explained all the relevant aspects of the membership, inter alia, the membership rules governing the membership, the entitlements, benefits and privileges under the membership, Membership Points Planner, reservation process, cancellation and withdrawal process and refund related aspects. The complainant was also duly apprised that in case of withdrawal of the membership application within 15 days of realization of the down payment, the member will be entitled for full refund of the membership cost paid so far and in case of cancellation beyond the aforesaid period, the relevant deductions as contained in the Membership Application Form shall apply. All the relevant aspects as stated herein also forms part of the Membership Rules so duly agreed & accepted by the complainant at the taking the GoZest Membership and the "Member's Review for Confirmation of Understanding" which have been duly read & understood by the complainant at the time of submission of the Membership Application Form. After having read and understood the membership rules and being fully satisfied with such benefits & terms of the membership, including but not limited to the reservation process, refund rules and other Membership Rules as contained in the Membership Application Form, the complainant opted to subscribe/ purchased from the OP Company the "Club Mahindra GoZest Classic" Membership for 03 years as per his own will & desires and submitted the duly filled and signed Membership Application Form dated 28-02-2021. At the time of taking the Membership as aforesaid, the complainant had paid an amount of Rs.98,010/- towards the Membership Price of Rs.1,08,700/- (after taking the discount of Rs.10,690/-). The complainant was accordingly enrolled as a member under "GoZest Classic" category and was issued the Membership ID 2941963. The complainant, for the reasons best known to him, has requested for cancellation of his aforesaid by or on behalf of the OP Company vide e-mail dated 2-03-2021. Upon receipt of the aforesaid e-mail from the complainant, the OP Company immediately established contact with the Complainant to understand the reasons for such request and to resolve issues, if any, faced by the complainant in respect of the said GoZest Membership. Post discussions with the complainant, all his doubts etc, were cleared by the Company officials and the complainant accordingly reconsidered his decision and agreed to continue with the Membership. The said factum was duly confirmed to the complainant by the OP Company vide e-mail dated 20-03-2021, Annexure D. At the time of said reconsideration of his decision by the complainant, the OP Company had, as a goodwill gesture, further offered him Resort Credit Points worth Rs. 5,000/- into his membership account. The said cancellation request was withdrawn by the complainant and post the aforesaid confirmation mail dated 20-03-2021, the complainant has not approached the OP Company till Mid April 2021, which fact clearly signifies that the complainant has withdrawn the said cancellation request and no further action was to be taken by the OP Company in this regard. Post the reconsideration of his decision to cancel the GoZest Membership as aforesaid, which was duly confirmed by the OP Company vide the aforesaid e-mail dated 20-03-2021, the complainant has not approached the OP Company till Mid April 2021. Thereafter, he started calling the OP Company with fresh request for cancellation of his membership. Upon receipt of the such calls from the complainant, the officials of the OP Company tried to establish contact with the complainant to understand the reasons for such fresh cancellation request from the complainant and to resolve the grievances, if any, from his end, however he did not pick up the calls from the OP Company's representatives, pursuant to which he was time and again apprised over e-mails of his being not contractable and requested for a suitable time to call him. After the withdrawal of his cancellation request dated 2-03-2021, which factum was duly confirmed to him vide e-mail dated 20-03-2021, in case the complainant wanted afresh to cancel his GoZest Membership, he would have to send the cancellation request from his registered e-mail ID. As no such cancellation e-mail as to formal cancelation request was received, there was no occasion on part of the OP Company to process the same. The Complainant could not be contacted and no fresh cancellation e-mail request was received by the OP Company, as such, vide e-mail dated 3-05-2021 he was duly communicated by the OP Company to reconsider his decision and continue to holiday with the OP Company and no refund is permissible in respect of his GoZest Membership in terms of the Membership Rules. The OP Company has not received any further communication from the Complainant in this regard.
5.           At the time of taking the CMHI Membership as aforesaid, the complainant had paid an amount of Rs.32,560/- towards Down Payment (being 10% of the total Membership Price of Rs.4,65,600/- (after taking the hefty discount of Rs.10,000/-) and agreed to pay the balance Membership Price vide 48 EMIS of Rs.11,876/- each. However, as per OP Company's records, the complainant paid only 1 (one) EMI till date and failed/ neglected to pay the balance EMIS towards the Membership Price. Upon receipt of the Membership Application Form and Down Payment as above mentioned, the same was duly processed in regular course of business of the OP Company and a copy of the Membership Rules governing the CMI Membership was also duly provided to the complainant as a standard business practice. The complainant was accordingly enrolled as a CMH member under "White Studio" category and was issued the Membership ID 2957893. The complainant was further, in due course of business of the OP Company, was apprised of all the relevant facts as to entitlements, privileges of the CMH Membership and the Membership Rules governing the same, including ASF being payable on annual basis, one time enrolment benefits offered to him (as more specifically detailed herein under) etc. vide validation call held on 6-10-2021, during which as well the complainant signified his assent thereto and agreed that no other or further offers (refund/ adjustment of amounts paid for previous membership etc.) were made to him by or on behalf of the Company. The payment of Rs.11,876/- so received on 12-11-2021 is the only payment being received from the complainant in respect of his CMH Membership and the same has been duly accounted for in his CMH Membership account, as is clearly reflecting in the annexed Payment Statement. No other payment was received by the OP Company from the complainant's bank account, as alleged or otherwise. Upon receipt of the e-mail dated 22-11-2021 alleging more than 1 deduction of his EMI amount, the issue was investigated by the OP Company and it was found that no such alleged payment was received from the complainant's bank. Pursuant thereto, the complainant was, vide e-mail dated 23-11-2021 requested to share the screenshot of the transaction details as to alleged 2 deductions so that the OP may facilitate him upon further investigation basis the said details. However, it is submitted here that no such details were shared by the complainant and instead the complainant sent the e-mail dated 23-11-2021 thereby calling for refund of the amount paid in respect of his erstwhile GoZest Membership, which had already been apprised by the OP Company to be non- refundable. The complainant later approached the OP Company as to the alleged more than 1 EMI deduction in the month of May 2022, vide e-mail dated 6-05-2022, Annexure K, upon receipt whereof he was immediately contacted telephonically and again requested for relevant documents from his bank. The complainant has shared a purported e-mail from his bank on 7-07-2022 only. Upon receipt of the aforesaid, the OP Company investigated the issue in details and also got inputs from its bank, whereupon the complainant vide e-mail dated 18-07-2022 Annexure L, was duly apprised that per confirmation from the OP Company's bank, only 1 payment was realized on 12-11-2021. Vide the said e-mail, the complainant was further apprised as to failure of his previous purported payment on 8-11-2021, with supporting screenshot of the relevant transaction details. The transaction status of the alleged payment transaction made on 8-11-2021, Annexure M which clearly signifies failure of the alleged transaction and the remarks are made for retry, the bank servers being unreachable over the network. As per terms of the Membership Rules, a member is entitled to full refund of the Membership Price in case of withdrawal of membership within 10 days (15 days in case of GoZest Membership) from the date of realization of the membership price by the OP Company and in case of Cancellation post the aforesaid period, the Admission Fee is non-refundable while the Enrolment Fee is refundable post applicable deductions. Rest of the averments of the complainant were denied by OP and prayed for dismissal of the present complaint with exemplary costs.
6.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CW1/A alongwith documents as Annexure C-1 to C-20 and closed the evidence on behalf of the complainant. On the other hand, learned counsel for the OP tendered affidavit of Amit Nijhawan, Corporate Manager/Legal and Authorized Signatory of the OP Company-Mahindra Holidays and Resorts India Limited as Annexure OP-W/A alongwith documents as Annexure OW-1 to OW-18 and closed the evidence on behalf of the OP.
7.            We have heard the learned counsel for the complainant and learned counsel for the OP and have also carefully gone through the case file.
8.           Learned counsel for the complainant submitted that by not refunding the amount paid by the complainant despite the fact that he requested for cancellation of the membership aforesaid with the prescribed period contained in clause 8/8.1 of Annexure OW-2, the OPs are deficient in providing service and also adopted unfair trade practice.
9.           On the contrary, the learned counsel for the OP while reiterating the objections taken in the written version submitted that though in the first instance, the complainant sought cancellation of the membership, yet, thereafter, he out of his own wish, decided to continue and adopted the new plan after making payment of membership fee and therefore now he cannot writhe out of the same for refund of entire amount paid by him, by taking bald pleas.
10.           The moot question which falls for consideration is, as to whether, the complainant is entitled to any relief in this complaint or not? It may be stated here that it is clearly coming out from the document Annexure C-2 that the OP advertised regarding “GoZest Classic” membership at 10% discounted price of Rs.89100/- against Rs.99000/-. It is also an admitted fact that the complainant opted for the said membership and entered into membership application form Annexure OW-2 and as such, paid the amount of Rs.98000/- by way of direct transfer of amount of Rs.50000/- and Rs.48000/- on 28.02.2021, AnnexureC-1 in the account of the OP, which fact is not disputed by the OP. It is also coming out from  the terms and conditions contained in the membership application form Annexure OW-2 i.e. Clause 8/8.1 that in case the member cancels the membership within 15 days of payment, full refund of the membership price will be refunded. Relevant clause is reproduced hereunder:-

“…Withdrawal of Application for Full Refund:

Member may within a period of 15(Fifteen) calendar days from the date of realization of the Down Payment by MHRIL withdraw his/her CMGZM application by sending a written request duly signed by the Member and claim a FULL REFUND of the Membership Price paid. In the event of the Member falling to withdraw the Application within the aforesaid period of 15 days, then the right to full refund of Membership price paid will lapse. For the purpose of communicating such request for withdrawal of application of CMGZM, Member shall use Speed Post/Registered Post/ Courier Services/E-mail from registered e-mail address for communicating with MHRIL. The refund in such cases will be made within 45 days from the date of receipt of written request for withdrawal from the Member…..”

11.            There are emails dated 02.03.2021, 05.03.2021 and 09.03.2021, Annexure C-3 colly., on record, whereby, the complainant opted the provisions of clause 8/8.1 of Annexure OW-2 and sought refund of the amount paid by him. Relevant part of the said email, is reproduced as under:-

“……Tue, Mar 2, 2021 at 9:26 PM

Dear

I was approached by Club Mahindra. Met with Mr. Sourav representing Club Mahindra on 28th feb 2021. Taken zest membership classic for 3 years studio. After paying the full amount Came to know after online searching that membership cost is less what I have paid, screen shot attached and sent to Mr. Sourav also. Request you to please cancel my membership as on verification call also I told them to cancel my membership. I don't know how I got the message on 2nd march that my membership started.

Again requesting you to please cancel my membership.

                       Regards....”

12.           From the afore extracted emails it has been established that the complainant had sought cancellation of “GoZest Classic” membership within a  period of only 2 days i.e. within 15 days as provided under clause 8/8.1 of Annexure OW-2. However, there is nothing on record that the OP refunded the amount of Rs.98000/- to the complainant under clause 8/8.1 of Annexure OW-2. The OP has failed to convince this Commission as to why when the complainant was legally entitled to get refund of the amount of Rs.98000/- under clause 8/8.1 of Annexure OW-2  then why they did not refund the same to the complainant. On the other hand, it is the definite case of the complainant that instead of refunding the amount of Rs.98000/-, the OP vide email dated 03.05.2021, Annexure C-4,informed the complainant that only 40% of the amount will be refunded to him. In our considered opinion this act of the OP amounts to deficiency in rendering service and adoption of unfair trade practice as it itself violated the provisions of clause 8/8.1 of Annexure OW-2 despite the fact the   complainant had sought cancellation of “GoZest Classic” membership within a  period of only 2 days i.e. within 15 days as provided under clause 8/8.1 of Annexure OW-2. Apart from it, it is also coming out from the record that instead of refunding the amount of Rs.98000/-, under the garb of deduction of 40% of the deposited amount, the complainant was thrust upon another membership of “White Studio” for 25-years, for which more amount to the tune of Rs.32,560/- was extracted from him on 30.09.2021, which fact is evident from statement of account, Annexure C-5. However, even thereafter, the grievance of the complainant qua deduction of two installments of Rs.11,876/- on 08.11.2021 and 12.11.2021 ( Annexure C-6), i.e. in the same month was not redressed by the OP, as a result of which, left with no alternative, the  complainant again vide email dated 22.11.2021, 04.12.2021,  Annexure C-7 and C-8 requested to cancel the said “White Studio” membership also but to no avail. Thus, from the facts narrated above, it can easily be said that the complainant was thrust up the membership, which he did not wish to avail, by the OP which act amounts to deficiency in service and at the same time, despite the fact that the complainant did not avail any service, even then the OP want to deduct the substantial amount paid by him, which act further amounts to adoption of unfair trade practice.
13.           It is significant to mention here that it is also coming out from the record that the OP has incorporated clause no.8.2 in the application form Annexure OW-2, which says that in case the member cancel the membership beyond 15 days, the OP shall be entitled to forfeit 60% of the amount paid by the member meaning thereby that despite not providing any service to any members, the OP will forfeit 60% of the paid amount. However, the OP has failed to convince this Commission to usurp such a huge amount, in case of cancellation of the membership by a person. In our considered opinion this clause is very harsh and oppressive. It may be stated here that in exercise of the powers conferred by sub-section (3) of section 1 of the New Act, 2019, THE MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (Department of Consumer Affairs) has issued a Notification No. S.O. 2351(E) dated 15th July 2020 , wherein it has  introduced the concept of ‘unfair contract’ which includes those contracts, which favour the manufacturers or service providers and are against the interest of the consumers. A complaint in this regard can now be filed by a consumer. This would help to keep a check on businesses including banks and e-commerce sites that take advantage of their dominance in the market and mandatorily require the helpless consumers to sign such unfair contracts and accept their standard terms before selling them goods or providing services. Thus, since the said terms and conditions, referred to by the OP i.e. Clause 8.2 appears to be one sided, harsh, oppressive, unconscionable and heavily loaded in favour of the OP and on the other hand, disadvantageous to the members, as such, we deem it fit to strike down the said relevant terms and conditions, in view of ratio of law laid down by the Hon’ble Supreme Court of India in the case of Central Inland Water Transport Corporation Ltd. & Anr. Vs. Brojo Nath Ganguly & Ors. (1986) 3 SCC 156  wherein it was held that the court can strike down the terms of a contract. Relevant part of the said order is reproduced hereunder:- 

"......this principle is that the courts will not enforce and will, when called upon to do so, strike  down an unfair and unreasonable contract, or an unfair and unreasonable clause in a contract, entered into between the parties who are not equal in bargaining power...." The draft legislation provided by the Law Commission of India in its 199th Report which addresses the issue of 'Unfair  (Procedural & Substantive) Terms in Contract' has stated  that "A contract or a term thereof is substantively unfair if such contract or the term thereof is in itself harsh, oppressive or unconscionable to one of the parties."

14.           In view of aforesaid discussion, we hereby allow the present complaint and direct the OP, in the following manner:-  
    1. To refund the amount of Rs.1,54,312/-, to the complainant  alongwith interest @6% p.a. from the respective date (s) of receipt, till its realization.    
    2. To pay Rs.5,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.
    3. To pay Rs.3,000/-, as litigation expenses.   

The OP is further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OP shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

 Announced:- 02.11.2023

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President