District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.227/2022.
Date of Institution: 27.04.2022.
Date of Order: 19.09.2022.
1. Ravendra Singh S/o Shri Rajvir Singh.
2. Reena Singh W/o Shri Ravendra Singh, Both R/o P-5/16D. SRS, Pearl Floors, Sector-87, Faridabad- 121002, Haryana.
…….Complainants……..
Versus
1. M/s. Future Choice Club, G-14, 2nd floor, Sector-3, Noida – 201301, GTB Nagar, Uttar Pradesh through its Authorized Signatory.
2. Authorized Signatory, M/s. Future Choice Club, G-14, 2nd floor, sEctor-3, Noida – 201301, GTB Nagar, Uttar Pradesh.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………..Member.
PRESENT: Sh. Vivek Kumar , counsel for the complainant.
Opposite parties Nos.1 &2 ex-parte vide order dated 06.07.2022.
ORDER:
The facts in brief of the complaint are that on 28.12.2021 the complainants were invited by the opposite parties at Radisson Blu, Mathura Road, Sector-20B, Faridabad, Haryana, where the complainants purchse4d the membership of opposite parties and signed a purchase agreement for 5 years, with them under the undue pressure of their employee Mr. Irfan Hussain. The complainant Ravendra Singh paid an amount of Rs.75,000/- alongwith the interest amount of Rs.10,000/- through his credit card, as per the membership scheme of the opposite parties but they issued the receipt only for Rs.65,000/-. Since the complainants were not willing to purchase the membership of the opposite parties on 03.02.2022 the complainant Ravendra Singh sent them the email effusing to avail their package and services and asked for the refund of his money paid to them but no proper response was received from the opposite parties. On 04.02.2022 the complainant personally visited to the office of opposite parties at Noida and met with their employees named Shri Dharmender who introduced himself as Sales head and one Ms. Kamalpreet Kaur. The complainants requested them to cancel their membership and asked for the refund of the money paid to the opposite parties but they pressurized the complainant to avail at least one visit to somewhere, under the membership scheme. Therefore, the complainants had to execute their unwilled tour plan having check-in the morning of 16.2.2022 and check out in the morning of 22.02.2022. In addition to the membership fees of Rs.75,000/- the complainant had to pay an amount of Rs.8999/- as annual maintenance charges, for the above said tour plan on 08.02.2022. During the above noted visit, the complainants experienced the services of the opposite parties very poor and dissatisfactory as the same were not as per the assurances given by them. In pursuance of Clause 5 of the Terms& conditions of the above noted
purchase agreement on 28.02.2022, the complainant Ravendra Singh again sent an email to the opposite parties, for cancelling the above said membership and asked for the refund of his money paid to them but they did not respond properly. Therefore, on 07.03.2022 the complainants again visited to the office of the opposite parties at Noida and met their employees Ms. Kamalpreet Kaur and Ms. Poonam. The complainants requested them to cancel the membership and asked for the refund but they finally refused to do so. The complainant sent a legal notice dated 16.03.2022 to opposite parties but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) refund Rs.83,999/- paid by the complainant to the opposite parties against the said membership scheme .
b) pay interest @ 17% p.a. on the principal amount of Rs.83,999/- till the date of refund of the same to the complainant.
c) pay Rs. 50,000/- as compensation for causing mental agony and harassment .
d) pay Rs. 50,000 /-as litigation expenses.
2. Notice issued to opposite parties Nos.1 & 2 on 6.6.2022 not received back either served or unserved. Tracking details filed in which it had been mentioned that “Item Delivery Confirmed.”. Mandatory period of 30 days expired. Hence, Opposite parties Nos.1 & 2 were proceeded against ex-parte vide order dated 6.07.2022.
3. The complainant led evidence in support of his respective version.
4 We have heard learned counsel for the complainant and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties –M/s. Future Choice club & Ors. with the prayer to: a) refund Rs.83,999/- paid by the complainant to the opposite parties against the said membership scheme . b) pay interest @ 17% p.a. on the principal amount of Rs.83,999/- till the date of refund of the same to the complainant. c) pay Rs. 50,000/- as compensation for causing mental agony and harassment . d) pay Rs. 50,000 /-as litigation expenses.
To establish his case, the complainants have led in his evidence Ex.CW-1/A – affidavit of Ravendra Singh, Ex.CW2/A – affidavit of Reena Singh, Ex.C-1 (7 pages) – Future Choice Club, Ex.C-2 – Receipt dated 28.12.2021,, Ex.C-3 – email dated 03.02.2022,, Ex.C-4 – certificate under section 65-B of the Indian Evidence Act,, Ex.C-5 (2 pages) – payment receipt for successful transaction. Ex.C-6 – Certificate u/s 65-B of the Indian Evidence Act,, Ex.C-7 – email dated 28.02.2022, Ex.C-8 – Certificate u/s 65-B of the Indian Evidence Act,, Ex.C-9 – legal notice (3 pages.)
6. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite parties Nos1 & 2 have not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite parties Nos.1 & 2 have rendered deficient services to the complainant. Hence the complaint is allowed against opposite parties Nos.1 & 2.
7. Opposite parties Nos.1 & 2 jointly & severally, are directed to refund an amount of Rs.83,999/- alongwith interest @ 6% p.a. from the date of filing of complaint till its realization. Opposite parties Nos.1 & 2 are also directed to pay Rs.2200/- as compensation for causing mental agony & harassment alongwith Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on: 19.09.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
