Delhi

West Delhi

CC/19/154

R.S AGGARWAL - Complainant(s)

Versus

M/S MOUNTAIN CLUB - Opp.Party(s)

25 Feb 2022

ORDER

BEFORE THE CONSUME DISPUTE REDRESSAL COMMISSION,

WEST DISTRICT-III, 150-151, COMMUNITY CENTRE,  

NEAR JANAK CINEMA, JANAKPURI,NEW DELHI

 

CC No.   154/2019

In re:-

Sh.R.S.Agarwal

S/o Sh. Jado Ram Agarwal,

R/o Flat No.3022, IFCI Apartment,

Plot No.4, Sector 23, Dwarka,

New Delhi-110075

                                                                                              ………..Complainant No.1

Smt. Kamlesh Agarwal

W/o Sh. R.S.Agarwal,

R/o Flat No.3022, IFCI Apartment,

Plot No.4, Sector 23, Dwarka,

New Delhi-110075                                                                ………..Complainant No.2

Versus

 

Mountain Club Resorts

Corporate Office

506, 5^th Floor Vishvadeep Tower,

JanakpuriDistt. Centre,

New Delhi-110058

Through its Managing Director

 

Also at

Punjabi Colony, Lane No.2, Kashipur Road,

Ram Nagar, Nainital(Uttarakhand)244715                            ………...Opposite Party

 

Coram:                                                                                                  

1. MS.SONICA MEHROTRA (PRESIDENT)
2. MS.RICHA JINDAL (MEMBER)
3. Mr.ANIL KUMAR  KOUSHAL (MEMBER)

Date of Institution: 07.03.2019

Judgment reserved on: 07.02.2022

Date of Decision:25.02.2022

Present: Complainant No.1 in person.

Matter taken up through Video Conferencing

 

Per: Anil Kumar Koushal(Member)

ORDER

Succinctly put, the facts leading to filing of the present complaint are as follows:  According to the complainants, the OP claims to be  engaged in the field of providing pre-paid holiday weeks at various locations  in India and abroad and  he was approached on his mobile phone  by some representative of OP in November 2017 and started alluring complainant stating that they are the lucky winners of their company and showed rosy pictures involving various lucrative offers and prizes.  He thereafter invited complainant No.1 on 26/11/2017 along with his wife since the prize was to be given to couples only, in their sales office at Ansal Plaza to meet and discuss with consultants of the Company namely Ms.SoniaAgarwal and Mr.Raunit Gupta.  Accordingly, believing his words, the complainants went at the designated  place and discussed the matter with Ms. Sonia and Mr.Raunit Gupta.  It is the submission of the complainants that on 26.11.17, they were  grilled for 2 to 3 hours by the said two consultants, discussing and motivating the complainants  for purchasing the alleged false membership of the club with pre-paid holidays at nominal charges for next 30 years and also representing before the complainants that they are not Club Mahindra but better than them and everything will be given in black and white.   They also represented to give one Resort Condominium International (RCI) membership  which they claimed to be very costly and exclusive but part of the said club membership. They promised to issue and send RCI cards and address of some hotels/resorts,exaggerating things and promises and prior to theirdeparture,  put a bunch of papers containing terms and condition before them for signing and did not give sufficient time even to  read and understand the same and also represented that the complainants should make the payment there and then only otherwise they  may be deprived of all concessions/discounts and complementary gifts.  Complainants told them that they will finalize the membership in a day or so as they need time to make a decision and moreover they were not carrying any cheque/cash at that point of time.  But both the consultants said that these are normal and routine terms and conditions.  This way the complainants were mesmerized and they got their signatures on the alleged agreement and printed terms and conditions alongwith stamp paper of back date which was already available with them, on 26.11.17.  Thereafter, when the complainants demanded the copy of signed agreement, it was stated by the OP that the copy of this agreement will be sent to their head office at Ramnagar, Nainital, for signature of their Managing Director and the same shall be sent to them along with NAMC cards and further told that they will execute receipt against payment. In those circumstances, the complainant No.2 made the payment of Rs.40,000/- through debit card.  For rest of money Ms. Sonia had accompanied the complainants to their house in her separate Car to collect the balance amount of Rs. 1,65,462/- by cheque/cash.  During her stay with the complainants, Ms. Sonia Agarwal suggested that if the complainants arrange the balance amount in cash, then the overhead amount of Rs.5462/- shall be waived and complainants have to pay  only Rs. 1,60,000/- in round figure.  She  also said that for that she will have to obtain formal approval from her senior.  She at the same time sought approval from the office on phone and thus the complainants made the payment of Rs.1,60,000/- in cash against receipt on the same day i.e. 26.11.17.  In all, on that date, a total sum of Rs.2,00,000/- against receipts was paid to representatives of OP.

According to the complainants, during discussion with representatives of OP, it was also promised that they will provide free service for arranging Visa and also air tickets at discounted rates. But later, on receiving the terms and conditions of the contract, no such big tall claims of OP were found mentioned therein.Representatives of OP also promised to send complementary vouchers each of Vibes and PVR movies  and  complainants were also eligible for two complementary 3 Nights 4 day tour to Jim Corbett and Maldives,  if the complainants make the payment for the membership same day which the complainants did.Theyalso promised to send a list of 35 destinations in India in which one can avail the facility of free holidays.

According to the complainants, they  hoped to receive afore-stated promised free gift vouchers to choose place  of visit, RCI Card, list of destinations etc. but they weredismayed not to get them  within a week. The copy of agreement dated 26.11.17 with one NAMC Card No.19278 was received by them on 17.12.2017 vide post. It is contended that  as per clause “14 .Exit Option” of the  terms and conditions of the agreement dated 26.11.2017 entered into between the parties,  the agreement could be terminated within the cooling off period of seven days from the date of signing but the same was received as stated above,  on 17.12.17. This way  the complainants weredeprived  from choosing to withdraw from the scheme for non-compliance of the promises on the part of OP.

In March/April 2018, the complainants came to know that those very representatives  of the OPwho had dealt with them initially, had left the OP company and as such the promise of two complementary 3 nights 4 Days Holiday Resort package had also fallen flat. Theyapprehendedthat the OP Company might be sold thereby putting in jeopardy the fate of thousands of innocent investors, who sweat and toil to save for pre-paid holiday to reduce stress.

When the OP failed to send the promised Vouchers, complimentary holiday packagesand list of 35 destinations in India etc.,even within 90 days,  the complainant No.1 alongwith his son Mr.PiyushAgarwal met Sh.UttamRai, Manager, CRM at corporate office of OP on 17.08.18 who heard them and advised to send all grievances to OP at their official email address. Thereafter,  the complainants sent a letter dated 23.08.18 through mail requesting for disposal of grievances to which the OP never replied.

Evincing no response, the complainants sent a legal notice dated 08.10.18seeking  refund. In response, the Advocate of OP vide reply dated 02.1.2019, instead of  resolving the issues raised by the complainants, rather lambasted the complainant No.1 that  he himself being from the legal fraternity should not have  raised such unsustainable and vague contentions as no tall promises were made by the representatives of OP.

Thecomplainants also lodged  complaintwith the  SHO, Police Station, Dwarka, Sector-23, New Delhi in this regard, which is still under investigation.  Since the intention of OP to refund  the amounts deposited by the complainants  was not displayed, the  complainantswere left with no option but  to approach this Commission by way of the present complaint  for seeking remedy against deficiency in service as regards legally collecting funds but giving  fake promises and not fulfilling their commitment within the promised time. The following prayers have been made in the present complaint:

1. To direct the OP to refund the deposited amount of Rs.2 lakhs alongwith delay period interest @ 18%p.a.
2. To Direct the OP to pay Rs.1,00,000/- as compensation for harassment and mental agony;
3. To direct the OP to pay Rs.55,000/- as cost of litigation.

On admission of the complaint, notice was issued to the OP. The same was duly  served in their Delhi Office on 29.5.2019 as per the acknowledgement given on the notice itself by someone on behalf of the OP, which  has been filed on record by the complainants.  Complainants have also filed service report of the notice duly served through speed post on the OP at their Nainital address. Despite service none appeared on  behalf of OP to rebut the claims of complainants nor any reply on their behalf has been filed.  Accordingly, on 31.7.2019, the OP was proceeded ex parte and complainants were directed to file ex parte evidence. 

Complainants filed ex parte evidence and exhibited  the documents filed by them on record as Ex.C.W.1/A  to Ex. C.W.1/P.  Written arguments were also filed on behalf of complainants.

During oral arguments, complainant No.1 arguing in person, took us through the pleadings  filed by him and  sought refund of the amount deposited by them as prayed for above.

Having gone through the pleadings filed by the complainants and the arguments advanced which have gone unrebutted by the OPs, we are left with no option but to believe the version of the complainants that the OP has indulged in unfair trade practice by firstly luring them with showing rosy and glossy pictures, inducing them to enter into the deal and making payment on the same dayand then ditching by not fulfilling the promise of sending the required vouchers etc. as enumerated above. As per the complainants, no offer of any pre-paid holidays has been made by the OP till date.As per the terms  and conditions of the agreement dated 26.11.2017, the complainants could seek refund of the amount so paid within seven days of inking the agreement but as per the assertion of the complainants,  before they received the said terms and conditions in black and white along with other ancillary documents, the said period was over.  The   necessary and relevant details of the destinations were not given even after 90 days of entering into the agreement.  The complainants even tried to reconcile the matter with the representatives of the OP by writing mail dated 23.08.2018but  there was no headway. This indeed amounts to unfair trade practice and deficiency in service.Getting disenchanted with the allurement of OP and left with no other option, the complainants  vide legal notice dated 08.10.2018 sought refund of the amount so deposited by them with interest.

            Since there is no rebuttal to the arguments of the complainants as the OPhas chosen not to appear before this Commission, we allow the complaint and direct the OP to refund the amount of Rs.2,00,000/- collected from the complainants along with simple interest @ 6% p.a. from the date of institution of the complaint till realisation.   The OP is further directed to pay compensation of Rs.15,000/- to the complainants.

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

           

(Richa Jindal)     Member

(Anil Kumar Koushal)              Member

(Sonica Mehrotra)                       President