BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.179 of 2019
Date of Instt. 21.05.2019 Date of Decision: 22.12.2020
TAJINDER PAL SINGH aged about 46 years son of S. Gurcharan Singh R/o H.No.3, Bachint Nagar, Reru, Jalandhar.
..........Complainant
Versus
1. M/s. Seaice Club Resorts India Pvt. Ltd., 227,
Ring Road Mall, Sector-3, Rohini, Delhi
110085.
2. Mohd. Imran Alam, Director, M/s Seaice Club Resorts India Pvt. Ltd., 227, Ring Road Mall, Sector-3, Rohini Delhi-110085. Also R/o 7-A, F/F, Partap Enclave, Om Vihar, Phase-V, Uttam Nagar New Mohan Garden, West Delhi 110059.
3. Sumit Kumar Sinha Director,, M/s Seaice Club Resorts India Pvt. Ltd., 227, Ring Road Mall, Sector-3, Rohini Delhi-110085. Also R/o 63-C, West Guru Angad Nagar, Street No.8, Laxmi Nagar, Shakarpur, Baramad, East Delhi 110092.
4. RBL BANK Ltd., Credit Card Operating Centre, Unit 306-311, 3rd Floor, JMD Megapolls Sohna Road, Sector 48, Gurgaon, Haryana 122018, through its Director/Authorized Person
Also at Regd Office: 1st Lane Shahupuri, Kohlapur 416001
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Kuljit Singh (President)
Smt. Jyotsna (Member)
Present: Sh. Jatinder Sekhri, Adv. Counsel for the Complainant.
OPs exparte.
Order
Kuljit Singh (President)
1. The instant complaint has been filed by the complainant, wherein alleged that the OPs No.2 & 3 are the Directors of M/s Seaice Club Resorts India Pvt. Ltd., who deal with holidays packages. That the complainant joined the Club on 24.10.2018 at Sekhon Grand Hotel, Jalandhar and purchased the package after making the amount of Rs.70,000/- through his credit card of RBL Bank. The representative of the company also made many promises to the complainant with regard to the holidays packages. That later on when the complainant checked about the status of the company on internet, the complainant came to know that there are many unsatisfied customers and reviews over there. Immediately the complainant made a telephonic call to the representative Mr. Abhishek and asked for queries, but the representative failed to satisfy the complainant and moreover, he shouted on the complainant and openly told that they are not worried about the queries and unhappy customers.
2. That on 27.10.2018, the complainant made cancellation request through his email ID to the OP at the email ID 3. Notice of the complaint was given to the OPs, but despite service all the OPs miserably failed to appear and ultimately, all the OPs were proceeded against exparte.
4. In order to prove his respective version, the counsel for the complainant produced on the file his respective documents.
5. We have heard the argument from learned counsel for the complainant and also gone through the case file as well as written arguments submitted by the counsel for the complainant, very minutely.
6. In nutshell, the case of the complainant is only that the complainant purchased a holiday package from OP after making an amount of Rs.70,000/- through his RBL Bank credit card and when the complainant checked about the status of the company on internet, he came to know that there are many unsatisfied customers and thereafter complainant make a telephonic call to the representative, who openly told that they are not worried about the queries and unhappy customers. On 27.10.2018, the complainant made cancellation request through email to the OP within cancellation period, then request was accepted with remarks “your request is received and will revert you soon.” Then MRD Executive namely Neha made telephonic call to the complainant and asked him that he can take one night holiday pack from her club at his own choice and if he did not feel better, he can cancel the membership and company will not deduct any amount for booking, but complainant did not take single day holiday package from club. Even the complainant sent notice dated 01.11.2018 to the OP for refund back his amount i.e. Rs.70,000/-. After many request the amount of Rs.70,000/- not refunded to the complainant and as such, the complainant suffered a lot of harassment and mental tension and as such, he filed the present complaint.
7. After considering the over all facts of the complaint, it is clear that the complainant produced on the file email Ex.C13 which was sent by OP No.1 to complainant in which the OP stated that your cancellation request is on accepted. You get your money within 30 to 45 working days and then a letter Ex.C-14 of the RBL Bank/OP No.4 in which stated that “In view of the above, please notice that the temporary credit given earlier on your credit card has been reversed on 27.12.2018”. So, from these two documents, it is clear that the cancellation request is accepted by OP No.1 and the amount also refunded and nothing has been due towards the OPs and accordingly, we came to conclusion that the complaint of the complainant is without merits and the same is dismissed with no order of cost. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna Kuljit Singh
22.12.2020 Member President
