DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Sanjeev Sharma, resident of H.No.284, Sector 9, Panchkula (Haryana).

…..Complainant

                                V E R S U S

1.     Mahindra Holidays & Resorts India Limited, having its Corporate and registered office Mahindra Towers, 2^nd floor, 17/18, Patullos Road, Chennai-600002, India, through its Managing Director.

2.     Mahindra Holidays & Resorts India Limited, SCO No.188-189, Sector 8-C, Madhya Marg, Chandigarh - 160008, through its Branch Manager.

3.     Sh.Manish Sharma, Branch Manager, Mahindra Holidays & Resorts India Limited, SCO No.188-189, Sector 8-C, Madhya Marg, Chandigarh – 160008.

4.     Sh.Amit, Holiday Consultant, Mahindra Holidays & Resorts India Limited, SCO No.188-189, Sector 8-C, Madhya Marg, Chandigarh – 160008.

5.     Sh.Vinay, Manager, Mahindra Holidays & Resorts India Limited, SCO No.188-189, Sector 8-C, Madhya Marg, Chandigarh – 160008.

6.     Sh.Sukhdeep, Collection Executive, Mahindra Holidays & Resorts India Limited, SCO No.188-189, Sector 8-C, Madhya Marg, Chandigarh – 160008.

7.     Ms.Malkit, Sales Manager, Mahindra Holidays and Resorts India Limited, SCO No.188-189, Sector 8-C, Madhya Marg, Chandigarh – 160008.

……Opposite Parties

CORAM:     SH.RAJINDER SINGH GILL                       PRESIDING MEMBER

                 DR.(MRS) MADANJIT KAUR SAHOTA MEMBER 

Argued by:        Sh.Balwinder Singh, Counsel for complainant.      

                             Sh.Ashim Aggarwal, Counsel for OPs.

PER DR.(MRS) MADANJIT KAUR SAHOTA,MEMBER

1]             Briefly stated, the facts of the case are that the complainant enrolled as a member with the OPs and paid a sum of Rs.25,426/- vide receipt – Annexure A-1. At the time of enrollment, the complainant was assured that if he paid the amount of Rs.25,426/-  then they will get air tickets of Rs.20,000/- + 3 nights and 4 days package, food vouchers of Rs.2,000/- and rest of the amount would be paid in installments. The OPs issued Membership Certificate and card to the complainant. It has been further stated that the complainant visited a number of times to the office of OPs for fulfillment of their assurances but despite repeated requests and visits, the OPs did not fulfill their promises. The complainant sent a legal notice dated 1.2.2012 to the OPs but to no avail. Hence, this complaint.

2]             OPs No.1 to 7 filed joint reply, wherein, it has been pleaded that the complainant only paid 10% of membership as down payment and rest of the amount was to be paid by way of EMI’s. It has been further pleaded that at the time of enrollment, some special offers were extended to the complainant subject to terms and conditions. The complainant was offered :-

        (i)             Air Travel Voucher worth Rs.20,000/-.

(ii)            3 nights 4 days complimentary stay at a Club Mahindra Resort.

(iii)           Food Vouchers worth Rs.2,000/-.

                It has been further pleaded that the enrollment benefits could only be availed by the complainant only after realization of 15% of membership fee + payment of minimum of two EMIs. In the present case, the complainant had opted for a payment plan of 60 EMIs of Rs.5687/- each. These conditions were duly explained to the complainant in the Welcome Letter dated 9.3.2010, qua which, it has been clearly mentioned that “You are entitled to avail of these special offer(s) on realization of minimum 15% of your membership fees. There should be no EMI and ASF overdue at the time of redemption.” It has been further pleaded that it is not possible to extend benefits worth Rs.35,000/- upon payment of only Rs.25,426/- by the complainant. Denying all the material allegations of the complainant and pleading that there has been no deficiency in service on their part and prayer for dismissal of the complaint with exemplary costs has been made.  

3]             Parties led evidence in support of their contentions.

4]             We have heard the learned Counsel for the parties and have also perused the record. 

5]             The learned Counsel for the complainant contended that the complainant made the payment of 10% i.e. Rs.25,426/- for enrollment as a member with the OPs and at that time, he was assured to  give the other benefits like air tickets of Rs.20,000/- + 3 nights & 4 days package, food vouchers of Rs.2,000/- but despite repeated requests, the OPs did not fulfill their commitment.

6]             The learned Counsel for the OPs contended that the complainant paid only 10% of membership fee i.e. Rs.25,426/- as down payment and at the time of enrollment, some special offers were extended to him but the enrollment benefits could only be availed by him only after realization of 15% of membership fee + payment of minimum of two EMIs. The complainant did not make any payment after the 10% cash paid by him. He had opted for a payment plan of 60 EMIs of Rs.5687/- each and these conditions were duly explained to him in the Welcome Letter dated 9.3.2010. It has been further contended that it is not possible to extend benefits worth Rs.35,000/- upon payment of only 10% i.e. Rs.25,426/- by the complainant.

7]             Admittedly, as per Annexure A-1 i.e. Customer Awareness Form, the complainant made 10% payment i.e. Rs.25,426/- for enrollment.

8]             The learned Counsel for the OPs has stated that as per Annexure RW/A, a letter dated 9.3.2010 in the column “Your Special Offers” - Page No.18 of the reply, qua which, it has been clearly mentioned that “You are entitled to avail of these special offer(s) on realization of minimum 15% of your membership fees. There should be no EMI and ASF overdue at the time of redemption.”  The learned Counsel for the OPs has further stated that in column No.2 at page No.18, terms have been given regards Air Travel Voucher, in which, it has been clearly stated that “Please allow upto 45 days from realization of 10% down payment and 2 EMI’s, for receipt of this gift.”

9]             It has been proved from the abovesaid fact that it was well within the knowledge of complainant that the gifts were to be sent on realization of 2 EMI’s, which would have constituted 15% of membership price, but he did not make any payment after the 10% cash paid by him and all his installments were returned due to “insufficient funds”. This fact is also clear from Annexure RW/B i.e. Statement of Account - Page No.20 of reply. Thus, it has been proved that the complainant defaulted in making the payment of minimum 2 EMI’s and as such, the OPs have rightly not granted the abovesaid special offers, as prayed by him, hence no deficiency on this count, as alleged, is attributed towards the OPs.

10]           However, the OPs cannot be allowed to forfeit the amount of Rs.25,426/- deposited by the complainant for availing their services.  Though the complainant had not paid the further agreed amount, but that does not infringe/exclude his right to claim the refund of 10% deposited amount.  It is not the case where the complainant was to pay the installments/EMI to the OPs towards any loan amount.  The initial amount was deposited in order to avail some facilities/services from the OPs, but the same could not be provided to him for want of further/balance amount.  The complainant was to pay further/balance amount in order to get the desired services.  But, at the same time, it is also clear that the complainant had not been provided any service by the OPs, though for want of balance amount.  Thus, it is proved that the OPs had not rendered any services to the complainant.  Since, no services have been rendered to the complainant, thus, he is fully entitled to get refund of his deposited amount. The OPs have no reason to retain the amount of the complainant without rendering any services.  They cannot be allowed to enrich themselves by holding/retaining the hard earned money of the complainant and such like consumers, just on account of technicalities, especially without rendering any services.  Thus, the complainant is held to be fully entitled to get the refund of his deposited amount.

11]           Moreover, the Consumer Protection Act is a beneficial legislation.  If two views are possible, the one which helps the consumer should be taken (Kulwinder Kaur Vs. Life Insurance Corporation of India 2007(1) CLT 303 (Punjab.). Further, the provisions of Consumer Protection Act, have to be construed in favour of the consumer to achieve the purpose of the enactment as it is a social benefit oriented legislation – Lucknow Development Authority vs. M.K.Gupta, 1994(1) CLT 1 (SC). 

12]           Keeping in view of the foregoings and entirely of the case, we are of the considered opinion that it would be just & fair, in the interest of justice & equity, to direct the OPs to refund the amount of Rs.25,426/- to the complainant.  We, therefore, dispose of this complaint with directions to the OPs to refund the amount of Rs.25,426/- to the complainant, within a period of 30 days, from the date of receipt of copy of this order; failing which they shall be liable to pay interest thereon @ 18% p.a. from the date of filing this complaint i.e. 29.02.2012 till its actual payment. However, there is no order as to compensation and costs.

13]                  Certified copies of this order be sent to the parties free of charge. The file be consigned.