O R D E R
SUBHASH GUPTA, MEMBER
The complainant has filed the present complaint against the O.P. u/sec. 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant upon the promises, allurments and offers for concessions and other benefits by the OP became a member of OP by making a payment of Rs.10,000/- vide cheque No.728809 drawn on State Bank of Patiala, Model Basti, Delhi. She again on the pursuance of the OP after getting convinced took membership vide application No.11378 and 11379 dated 13.9.2012 and delivered two cheques for Rs.10,000/- each bearing 728819 and 728820 respectively. She further on assurance of the OP that membership in respect of earlier applications are under process, requested for another membership by paying cheque of Rs.10,000/- bearing cheque No.728821 dated 21.9.2012 drawn on State Bank of Patiala for application form No.119476. It is alleged in the complaint that she paid Rs.40,000/- on the assurances and promised that all the four(4) members will be got 3 gifts, health checkup for 4 persons and 6 days’ 5 nights stay in 4 Star Hotel including DUKE for 3 persons and 2 children for maximum for 3 times. It has also been alleged in the complaint that these memberships were contributed by her on the assurances given from time to time by the OP but till date except her medical checkup nothing has been done as promised by the OP. It has been further alleged in the complaint that a legal notice dated 13.2.2013 was sent but no effect. The complainant is claiming refund of Rs.40,000/-. The complainant is also claiming a sum of Rs.15,000/- compensation per membership towards mental agony and suffering and Rs.15,000/- per membership for four membership for adopting negligent services. She is also claiming Rs.15,000/- each towards cost of litigation for all the four applications for membership.
2. Notice was given to the OP which has filed his reply to the complaint of the complainant. In the reply it has been pleaded that there was no deficiency of service on the part of OP. Moreover, the complainant at the time of filling the Application Form was aware of terms & conditions of the membership card, therefore she cannot dispute the membership taken by her. It has been further pleaded in the reply that the complainant received the benefits of the card and after being satisfied went ahead to avail more membership cards so that she could gift to her near and dear relatives. In his reply, the OP has denied the allegations made in the complaint. Further it has admitted receipt of Rs.10,000/- from the complainant. The OP has also submitted that complaint of the complainant is misconceived, baseless, frivolous and prayed for dismissal of the same.
3. We have gone through the pleadings of the parties and evidence placed on record. The OP has not filed any documentary evidence in support of its case. The complainant has filed a copy of visiting card of one Sh. Jitender Kumar, Sr. Relationship Officer. She has also filed a broacher Ex.C1/2 which shows the gifts and offers as promised to the complainant. The complainant has also placed on record Ex. C1/3 which is the form showing the benefits offered by the DAVIS CLUB, Ex. C1/4 is copy of application form No.118015 of the complainant. Ex.C1/15 is a photocopy of acknowledgement of the application form issued by the OP. Ex.C1/6 is a photocopy of cheque a sum of Rs.10,000/- paid in favour of OP. Ex.C1/7 is an application form No.119475 filled in favour of Smt. Padma Jain, Ex.C1/8 is the acknowledgment of the form by the OP, Ex.C1/11 is the application form No.111378 for membership of Sh. Ashish Jain and Ex. C1/14 is the application form No.111379 in favour of One Sh. Payre Lal, Ex. C1/18&19 are the Privilege Voucher issued in favour of Smt. Ashok Jain. We found that specific allegations for delivery of 4 cheques have been made by the complainant in her complaint, which is also supported by her affidavit. On the other hand, the OP has in its reply as well as affidavit admitted the receipt of Rs.10,000/- but has kept silent regarding other three(3) cheques. However, the complainant on 3.3.2016 has filed on record copy of statement of her Bank Account and a certificate issued by the State Bank of Patiala certifying that all the four cheques amounting to Rs.40,000/- were debited in favour of OP. As these documents have been issued by the Bank and are public documents, therefore, there is no reason to disbelieve the documents. These documents placed on record proved that OP had received the amount of Rs.40,000/- from the complainant. The complainant has not been provided with the benefits as promised by the OP to her as well as in respect of other members for which the complainant has made the payment of Rs.10,000/- each. It is common knowledge that there are numbers of such instances where offers inducement and promises are being circulated and advertised to which many people fall prey. The OP has not placed on record any document to prove that the offers promised in the voucher except the medical test of the complainant only were offered/delivered to the subscribers of all the four applications for which and an amount of Rs.10,000/- each was paid by the complainant.
4. In view of above discussions and documents placed on record we are of the considered opinion that OP has been deficient in providing the services as promised/offered and also found to be indulging in unfair trade practices.
5. OP is therefore, directed to refund the complainant an amount of Rs.40,000/- with the 6% interest from the date of filing of the complaint till its realization. The complainant is also awarded a sum of Rs.8,000/- as compensation towards mental agony and pain which will also include cost of litigation. Ordered accordingly.
Copy of the order be sent to the parties as per rules.
Announced on this 04th day of March, 2016.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA )
President Member Member
