Delhi

West Delhi

CC/17/520

SHALNI RAWAT - Complainant(s)

Versus

MOUNTAIN CLUB RESORTS - Opp.Party(s)

11 Mar 2022

ORDER

 

BEFORE THE CONSUME DISPUTE REDRESSAL FORUM,

WEST DISTRICT-oII, JANAKPURI,

NEW DELHI

 

CC No.   520 /2017

In re:-

Shalini Rawat

w/o Shri Chain Rana

r/o B-56, LIG Flats Hastsal,

Uttam Nagar, New Delhi

 

Chain  Rana

r/o B-56 LIG Flats Hastsal,

Uttam Nagar

New Delhi                                                                                         ………..Complainants

 

 VERSUS                              

1. Mountain Club Resorts (India) Private Limited

Head Office:

Unit No.506, 5^th floor,

Vishwadeep Tower, Janakpuri, Delhi

 

2. Mountain Club Resorts (India) Private Limited

Corporation & Regd. Office

Station Road, Ramnagar

Nainital, Uttrakhandd, India

 

           Also at:

 

           Punjabi Colony, Lane No.2,

           Kashipur Road, Ramnagar-244715

 

 

                                                                                                

 

3. Ms. Suman Sharma, Director

Bhawani Ganj, Ram nagar,

Nainital, Uttrakhand-244715, India

 

4. Mr. Atul Sharma, Director

Bhawani Ganj, Ram nagar,

Nainital, Uttrakhand-244715, India

 

5. Ms. Madhuri Sharma, Director

Bhawani Ganj, Ram nagar,

Nainital, Uttrakhand-244715, India                                      Opposite Parties

 

Coram:                                                                                                

1.MS.SONICA MEHROTRA (PRESIDENT)

2.MS.RICHA JINDAL (MEMBER)

3.MR.ANIL KUMAR KOUSHAL (MEMBER)

 

Present: Mr. Vishvendra Verma, Advocate for the Complainant

                 None for the OP.

 

                                                                                               Date of Institution: 30-08-2017

                                                                                               Judgement reserved on: 10-02-2022

                                                                                               Date of Decision:11-03-2022

 

Matter Taken UP through Video-conferencing

ORDER

Per: Anil Kumar Koushal(Member)

 

            Facts of the case as culled out from the complaint are as under:

On  10.09.2016, representatives of OP No.1 approached and invited the  complainants to attend a session conducted by staff of OP No.1 and vehemently convinced the complainant to take the membership plan of lucrative holiday package.  The complainants subscribed the membership  plan of 1 year on the same day through execution of a purchase agreement dated 10.09. 2016 alongwith the payment of an amount of Rs. 74,000/- (Seventy Four Thousand One Hundred Only) in total, including Rs. 59,100/- (Rupees Fifty nine thousand One Hundred only) as timeshare membership fee and               Rs.15000/- (Rupees Fifteen thousand only) as Administrative fee through Debit/Credit card and  issued membership card No. NAMC 1131 with a validity period of 10 years. The complainants discussed about the annual maintenance charges before subscription to the membership and the representatives/employees of the OP NO.1 agreed to waive off the annual maintenance charges on payment of an amount of Rs.74,000/- in full (as mentioned above) at the time of subscription of the membership plan and therefore agreed to make the maintenance fee clause i.e. clause No. 6 of the above mentioned purchase agreement not applicable and as a proof the rubber stamp of  OP No. 1 was affixed. After getting the membership as aforesaid, the  complainants enquired with staff of OP No. 1 many times to make the booking for a holiday trip  and every time they were informed by the representatives/employees of  OP NO. 1 that the bookings are already full. The complainants enquired and researched about the OP No. 1 with the intention to check the quality of service offered and thereafter gathered information through internet, wherein hundreds of existing members of OP N.1 had complained about the fake lucrative offers and promises made by the sales persons of OP N.1 and complained through Redressal Forum about the services provided by the OP No.1

On 16^th September 2016, the complainants approached the employees/ representative/Consumer Care at the contact numbers and e-mail addresses mentioned on the documents provided during subscription by the employees of the OP No.1 for termination of the above-mentioned purchase agreement as per terms  of cancellation, i,e, within a week and refund of the membership fee of Rs.74,100/- ( Rupees Seventy Four Thousand One Hundred Only). However, the designated employee/ representative of the OP No. 1 clearly denied to refund the membership fee on the pretext that the fee is non-refundable and further stated that in order to continue the membership, annual maintenance charges are to be mandatorily paid by the complainants, otherwise the membership shall get cancelled. Instead of resolving the matter, it  kept shuttling from  one person to the other  in the Office of OP.1 and  denied to refund the membership fee. According to the complainants, as per clause No. 14(Exit Option) of the purchase agreement, the membership subscription is cancellable on the written notice of either of the parties within 7 days from the date of execution of the above-mentioned agreement and the complainants did the same on 16.9.2016 through email.  It is contended that the Opposite Parties have committed fraud and misrepresentation with the complainants.

Left with no other remedy, the  complainants sent a Legal Notice dated 14.04.2017 to the OP NO. 1, 2, 3, 4 and 5 but without success.  The following reliefs are sought in this complaint:

 

1. To direct the opposite parties to refund the membership fee of Rs. 74,000/- along with interest @ 18% per annum.
2. To direct the opposite parties to pay a sum of Rs. 5 Lakh as damages and deficiencies in service.
3. To restrain the opposite parties to charge or claim any amount from the complainants.
4. To direct the opposite parties to compensate for the loss suffered due to harassment, physical and mental hardship/ discomfort, negligence, substandard and deficient service, loss of professional time, travelling expenses for attending court amounting to Rs. 2.5 Lakh for complainants.
5. To direct the opposite parties to pay Rs. 35,000/- for the legal expenses.

On admission of the complaint, notice was issued to OPs.  Despite service which is proved on record, the OPs chose not to put in appearance, hence proceeded against ex parte vide order dated 08.12.2017. Accordingly, the complainants  were directed to file ex parte evidence and written submissions.  The complainants filed evidence by way of affidavit and  admitted the documents filed on record as Ex.C.W.1/1 and Ex.C.W.1/2. Written arguments were also filed by the complainants.

During arguments, the complainants took us through the evidence as  also the written submissions filed on record.   On glancing  through the documents, it came to our notice that the complainant has not filed the alleged emails vide which the complainant had claimed to have  cancelled the agreement dated 10.09.2016, especially the email dated 16.9.2016.  Certificate under Section 65B of the Evidence Act, 1872 was also not found to be on record. The complainant was directed to do the needful.  The relevant emails  and the Certificate under Section 65 B as aforesaid, have now been filed by way of affidavit dated 28.02.2022.

On perusal of the documents filed on record, since there is no rebuttal of the averments so made on behalf of the complaints by the OPs, unless proved otherwise at a later stage, we are satisfied that the OPs are liable to suffer for the unfair trade practice  and causing mental agony and harassment to the complainants.  The complainant being not satisfied with the services rendered by the Ops, had within the stipulated time exercised the exit option as per clause 14 of the agreement entered into with OP.  However, the Ops failed to honour their promise. Accordingly, we direct the OPs to  refund the sum of Rs.74,000/- paid by the complainants  along with interest @ 6% from the date of institution of the complaint till realisation.  The OPs are also directed to pay compensation in the sum of Rs.15,000/- to the complainants for the mental agony and harassment. 

The complaint stands disposed of in the above terms.  A copy of this order be supplied to the parties free of cost under Regulation 21 of the CPR, 2005.  File be consigned to record room.

  

 

(Richa Jindal)     Member

(Anil Kumar Koushal)                Member

(Sonica Mehrotra)                                     President