BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHABAD.

                                                                  Complaint No.:119 of 2017.

                                                                  Date of Instt.: 06.06.2017.

                                                                  Date of Decision: 29.06.2018.

Dr. Kuldeep Goury son of Sh, Harphool Singh, resident of H. No. 87, Sector-3, Fatehabad.

                                                                                                …Complainant.

                                    Versus

1.Mountain Club Resort India Pvt. Ltd., Station Road, Ram Nagar, District Nenital Uttrakhand through its Managing Director.

2.Karan Gupta, Venue Manager, Mountain Club Resort India Pvt. Ltd., Station Road, Ram Nagar, District Nenital, Uttrakhand.

                                                                                                …Opposite Parties.

             Complaint U/s 12 of the Consumer Protection Act, 1986

Before:                     Sh.Raghbir Singh, President.

                                   Sh. M.K. Khurana, Member.

Present:                     Sh.Yogesh Gupta, counsel for the complainant.

OPs exparte.

ORDER:

                                    The present complaint under Section 12 of Consumer Protection Act, 1986 has been filed by the complainant against the Opposite Parties (hereinafter to be referred as OPs) with the averments that the complainant and his wife Dr. Lajwanti Goury both are doctors in Civil Hospital, Fatehabad.  It is further submitted that team of OP no. 1 headed by Karan Gupta, Venue Manager approached the complainant at his residence and persuaded  to attend the campaign managed by them in Fatehabad.  In that meeting at Fatehabad, the complainant was impressed with scheme started by the team of OPs. It is further submitted that as per scheme of the OPs an amount of Rs. 75,000/- was received by the OPs from the complainant vide receipt no. 2417 dated 1.2.2016.  Thereafter, as per their scheme membership card bearing no. NAMC-9021 having validity for 10 years for Club Group of Hotels at Bhimtal, Auli, Nenital and Corbett Park was sent vide letter dated 1.2.2016.

2.                                 It is further submitted that the complainant planned his tour Corbett Park for four persons for four days to the company.  However,  the OPs demanded an amount of Rs. 2,250/- per person per day as meals payment in advance before visit at Corbett park, whereas as per scheme explained by the aforesaid team in Fatehabad at the time of sale of membership, no expenditure was to be incurred by the complainant for his visit in Corbett Park.  As per the abovesaid demand the complainant had to deposit Rs. 36,000/- in advance with the OPs.  Thereafter, the complainant contacted the OP no. 2 on his mobile regarding the aforesaid illegal demand and he admitted each and every prayer settled between them at Fatehabad at the time of sale of membership but of no avail.  The abovesaid demand of the OPs destroyed the dreams of the complainant and it was deemed fit by him to claim cancellation of his membership as the OPs denied to comply with terms and conditions settled by them.  Accordingly, the complainant sent complaint-cum-cancellation of membership through email from his I.D. to email address of OPs.  In response to the abvoesaid email, a reply was given by the OPs through their email dated 23.6.2016, wherein it was stated that as per the terms of the purchase agreement, the membership is non-refundable.  Through the abovesaid email the OPs also furnished information regarding their other schemes.

3.                                 Thereafter, when the complainant requested the OPs to avoid any complication and litigation the OPs became ready to refund the amount received by them and informed regarding the same vide email dated 16.8.2016.   Thereafter, another email dated 24.8.2016 was received by the complainant, whereby it was informed by the OPs that the amount of Rs. 75,000/- will be refunded within 60 days.  Thereafter, when the said amount was not returned the complainant requested the OPs several times telephonically and through mails.  Thereafter, the OPs intimated through email dated 30.12.2016 that the refund cheque are going to be dispatched on 30.12.2016 and the same will be received by the complainant within 7 days.  Thereafter, another email dated 31.12.2016 was sent by the OPs wherein it was stated that the aforesaid amount will be dispatched in two equal cheques after deduction of service tax at the rate of 15%.

4.                                 It is further submitted that thereafter the OPs dispatched two post dated cheques of Rs. 31,875/- each on 16.1.2017 and 13.2.2017 after deducting an amount of Rs. 11,250/- from the original amount, which is in violation of the terms and conditions of the agreement.

5.                                 It is further submitted that the deduction of Rs. 11,250/- by the OPs from the original amount is against the terms and conditions disclosed by the OP.  The same is illegal and amounts to deficiency on the part of OPs in providing service to the complainant.  It is further prayed that the OPs may be directed for making a payment of Rs. 11,250/- along-with a compensation of Rs. 2 lakhs  and Rs. 15,000/- as litigation charges.  Hence the present complaint.

6.                                 Despite proper service OP no. 2 did not appear before this Forum and as such he was proceeded exparte on 7.7.2017.  The OP no. 1 was also proceeded exparte on 30.10.2017 as despite proper service he did not appear before this Forum.

7.                                 The learned counsel for the complainant tendered in evidence affidavit of the complainant as Annexure C-1 wherein the averments made in the complaint have been affirmed.  The learned counsel for the complainant also tendered in evidence the documents as Annexure C-2 to Annexure C-18 and closed the evidence of the complainant.

8.                                 We have duly considered the arguments advanced by learned counsel for the parties and have also perused the entire material placed on record of the present case.  It is the case of the complainant that on persuasion of the team of OPs, the complainant obtained a scheme of OPs and got membership of Club Group of Hotels managed by OPs for holiday packages.  As per the scheme the complainant made a payment of Rs. 75,000/- to the OPs for getting membership and a membership card no. NAMC - 9021 having validity of 10 years for Club Group of Hotels was issued to the complainant.  It is further the case of the complainant that he planned a tour of four persons for 4 days for visiting Corbett  Park.  However, the OPs demanded an amount of Rs. 2250/- per person per day as payment for meals in advance before visit to Corbett Park, whereas as per the scheme explained by the team of OPs at the time of sale of membership no expenditure was to be incurred by the complainants for their visit to Corbett National Park.  As per the abovesaid demand, the complainant had to pay Rs. 36,000/- in advance to the OPs.  Therefore, the complainant claimed cancellation of his membership by sending a email to the OPs.  The OPs through email dated 23.6.2016 replied that the membership fee is not refundable.  However, the OPs dispatched two post dated cheques of Rs. 31,875/- each after making a deduction of Rs. 11,250/- from the original amount.

9.                                 The abovesaid act on the part of OPs amounts to deficiency in rendering service to him and the complainant is entitled for refund of the whole amount paid by him to the OPs along-with compensation.

10.                               To prove its case, the complainant tendered in evidence his affidavit as Annexure C-1, wherein the averments made in the complaint have been affirmed.  The complainant also tendered in evidence copy of receipt (Annexure C18) to prove that an amount of Rs. 75,000/- was paid by the complainant for obtaining membership of the OPs.  The complainant also tendered in evidence two bank cheques dated 13.2.2017 and 16.1.2017 (Annexure C-3 and Annexure C-4) of an amount of Rs. 31,875/- each.  From Annexure C-3 and C-4, it is evident that the membership amount was refunded to the complainant by the OPs after making a deduction of Rs. 11,250/-.

11.                               The OPs did not bother to appear before this Forum and as such the averments made by the complainant has gone unrebutted.  Keeping in view the averments made by the complainant in his affidavit and examining all the documents placed on record we are of the considered opinion that the complainant has been able to prove deficiency on the part of OPs in rendering service to him.  The present complaint is accordingly allowed and the OPs are directed for making a payment of Rs. 11,250/- i.e. the balance amount to the complainant along-with interest at the rate of 8% per annum from the date of filing of the present complaint till its realization.  The OPs are further directed for making a payment of Rs. 15,000/- as compensation and litigation charges.  The Ops are further directed to make compliance of the present order within a period of 45 days, failing which the above said amount will carry an interest @ 12% per annum for the default period.  Copy of this order be supplied to the parties free of costs. File be consigned to record room after due compliance.

Announced in open Forum.                                                                     Dated:29.06.2018

        (Raghbir Singh)                                                                                                   

     President                                                                                                                              (M.K.Khurana)                                     

    Distt. Consumer Disputes

                                                                                            Member                                          

    Redressal Forum, Fatehabad.