Chandigarh

DF-I

CC/610/2021

Piyush Choudhary - Complainant(s)

Versus

M/s Club Resorto Hospitality Ltd. - Opp.Party(s)

Devinder Kumar

15 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/610/2021
Date of Institution	:	7.9.2021
Date of Decision	:	15/11 /2023

 

1.       Piyush Choudhary son of Sham Lal

2.       Jyoti Kondal wife of Piyush Choudhary,

          Both resident of House No.3324-B, Sector 24-D, Chandigarh.

… Complainant(s)

V E R S U S

1.       M/s Club Resorto Hospitality Limited 307, 3^rd floor, Bestech Business Tower, Sector 66-A, Mohali 160 066 through its Branch Manager.

2.       M/s Club Resorto Hospitality Limited 804-A, 805, 806, 807, skylark Building 60, Nehru Palace New Delhi 110019 through its Managing Director.

… Opposite Parties

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

 

                                                                               

ARGUED BY	:	Sh. Devinder Kumar, Advocate for complainant
	:	OPs exparte.

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OPs).  The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that  in the month of November 2019 the complainant No.1 received a call from the agent of OPs who had allured the complainants for availing their membership by stating that the complainants shall be entitled for regular and periodical vacations at various places, being managed by OPss who have various resorts in all over India as well as all over the world  for the said membership. First meeting was fixed by the agent of OPs on 24.11.2019 with the complainants and in the  said meeting  the representative of OPs Mr. Pardheum Thakur asked the complainant to pay membership fees and submit documents accordingly. The complainants were asked to pay Rs.75,000/- as membership fees for 5 years and it was explained to the complainants  that if they want to cancel the membership, the same can be cancelled by giving request in writing and on receiving request the refund of the entire amount will be made to the complainants without any deduction. Accordingly, as per the direction of the representative of the OPs, the complainants deposited a sum of Rs.60,000/-  and the remaining amount of Rs.15,000/-  was to be paid on receipt of delivery of the product kit. Copy of approval form is Annexure C-1. Out of the total paid amount of Rs.60,000/- a sum of Rs.10,000/- was paid to the OPs by the complainants, by swapping debit card  of the complainant No.2 and with regard to  amount of Rs.50,000/- the complainant No.2 had also handed over her debit card  to the representative of the OPs with the request to make 12 EMI and the complainants were under the impression that the first EMI will be paid to the Ops in the month of January 2020. Thereafter the complainants left the premises. However, on the same day i.e. on 24.11.2019  when the complainants checked the online review about the reputation of the OPs, they were shocked to know that the OPs were not having good reputation as various customers have shared their bad experience with the OPs. The complainants immediately on the next day i.e. on 25.11.2019 called the OPs for cancellation of the subject package as they are not interested  to continue with the subject package of the OPs.  However, the representative of OPs straightaway refused to cancel the membership on the ground that there is no  cancellation policy. On this the complainants had sent email to the OPs with the request to refund the amount as per clause 7.1 of the approval form and in addition to the said email the complainant has also sent one letter dated 26.11.2019. Copies of the emails are annexed as Annexure C-2 and C-3. On 12.12.2019 the complainant was shocked when he came to know  that instead of making 12 EMIs,  the representative of OPs transferred an amount of Rs.50,000/- in their account on 24.11.2019 without any intimation to the complainants. Thereafter the complainants requested the OPs through email Annexure C-4 and C-5  to refund the sum of Rs.60,000/- but with no result. Even vide legal notice Annexure C-8 the Ops were requested to refund the membership fees but to no avail.  The aforesaid act amounts to deficiency in service and unfair trade practice on the part of OPs. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OPs resisted the consumer complaint and filed their written version, inter alia, taking preliminary objections of maintainability, concealment of fact, jurisdiction and also that the complainants have produced the electronic evidence without  certificate which is not admissible under the law. On merits admitted that the complainants have procured  the subject package from the OPs. Receipt of amount of Rs.60,000/- has not been specifically denied by the OPs. However, it is alleged that the complainants have only paid partial payment of the  subject package and the balance payment of Rs.15,000/- is still pending. It is denied that the answering OPs or their representative had allured the complainants to purchase the subject package.   The cause of action set up by the complainant is denied.  The consumer complaint is sought to be contested.
3. However, on 30.8.2023 none turned up on behalf of OPs to argue the matter, hence, the OPs were proceeded exparte on the said date.
4. In replication, complainant reiterated  the claim put forth in the consumer complaint and prayer has been made that the consumer complaint be allowed as prayed for.

2. In order to prove their case, parties have tendered/proved their evidence by way of respective affidavits and supporting documents.
3. We have heard the learned counsel for the complainant and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the parties that  the complainants have purchased the subject package from the OPs for a total sum of Rs.75,000/-,  out of which the complainants have paid a sum of Rs.60,000/- to the Ops and remaining amount of Rs.15,000/- was payable by the complainants on receiving the holiday kit which fact has also been not  been disputed by the OPs in their written version, the case is reduced to a narrow compass as it is to be determined if  the OPs have wrongly withheld the aforesaid amount of Rs.60,000/- despite of the repeated requests of complainants for cancellation of the subject package and the aforesaid act of OPs amounts to deficiency in service and the complainants are entitled for the relief as prayed for, as is the case of the complainants or if the OPs  are justified in not cancelling the subject package as per terms and conditions of the approval form Annexure C-1 and the complaint being not maintainable is liable to be dismissed as is the defence of the OPs.
   2. In the back drop of the foregoing admitted and disputed facts on record, it is clear that the entire case of the parties is revolving around  Annexure
       C-1 the approval form of the subject package, which contains the terms and conditions of the subject package and both the parties have agreed  with the same and Annexure C-2 to C-4 the mails as well as Annexure C-8 legal notice  vide which complainants have made requests for cancellation of the membership and in order to determine real controversy, the aforesaid documents  are required to be scanned carefully.
   3. Annexure C-1  the approval form admittedly having been executed between the parties indicates that the parties have agreed to comply with the terms and conditions contained in the said form and the relevant portion of clause 7.1  under the head of termination  of the said approval form is reproduced as under:-

“7.1RescissionPeriodTermination/Cancellation: Every client shall be entitled to Cancel the LHP within 10 days from the date of sign-up or realization of the down payment, whichever is earlier, provided such request for withdrawal is made in writing and signed (in case of joint application by all the Applicant) and reaches Company within aforesaid period of 10 days. In the event of such withdrawal, Company shall refund the entire amount received from the Client towards the LHP Charges within 60 days from the receipt of request for withdrawal. In the case of joint applications, refund shall be made to the first applicant only. Refund shall be without any interest. Company shall be entitled to deduct administrative charges @ 5% & bank transaction charges @ 2% of package cost and applicable taxes.”

 

4. Annexure C-2 is copy of mail, clearly indicates that on the very next day of  the execution of approval form between the parties  on 24.11.2019,  the complainants on the very next day  i.e. 25.11.2019  sent email to the Ops for termination of 5 years  membership package. Annexure C-3 is the copy of letter which was addressed by the complainant No.2 to OPs making same request.  Annexure C-4 is another copy of mail dated 17.12.2019 through which the OPs were requested to refund the membership fees.
5. Thus one thing is clear from the entire documentary evidence as discussed above, which is unrebutted by the Ops that the OPs have received an amount of Rs.60,000/- from the complainant on 24.11.2019 and on the next very day i.e. 25.11.2019  the complainant had requested the OPs for the cancellation of the said package and as the said cancellation request was made within 10 days as per the termination clause 7.1. of the approval form,  the OPs are bound to refund the amount after making deduction administrative charges @ 5% & bank transaction charges @ 2% of package cost and applicable taxes which comes to Rs.55800/-. Thus the aforesaid act of the Ops amounts to deficiency in service and indulgence in unfair trade practice.

4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OPs are directed as under :-

1. to pay ₹55800/- to the complainants alongwith interest @ 9% per annum from the date of request made by the complainants for cancellation of the subject package i.e. 25.11.2019 till onwards.
2. to pay an amount of ₹5000/-to the complainants as compensation for causing mental agony and harassment to them;
3. to pay ₹5000/- to the complainants as costs of litigation.

5. This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 15/11/2023 mp			Sd/- [Pawanjit Singh] President
			Sd/-
			[Surjeet Kaur] Member