BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 20^th DAY OF MAY 2024

ORDER

SMT. K. ANITA SHIVAKUMAR, MEMBER

Complaint filed by the complainant U/S 35 of Consumer Protection Act 2019, sought refund of Rs.1,01,333/- towards money received and indemnifying the financial losses suffered by the complainant to pay compensation of Rs.50,000/- towards deficiency of service, to pay Rs.50,000/- towards mental agony and transportation charges and such other reliefs.

2. Brief facts of this case are as follows:-

Complainant stated in his complaint that he got married an year ago, visited Orion mall on 20.04.2023 with his wife to watch a movie, wherein one of the OP’s executives asked him to lucky dip coupon. He filled the coupon in the morning, by evening one of the executives of OP by name Ms. Shalini made a call using the mobile No.8971454002 to his mobile. She informed him that he had won a lucky draw saying that he will be given free movie tickets, silver coin and travel package. She also informed him that, if he wants free gifts he has to visit the office at Opal Arcade, at Banaswadi, Bangalore.

3. He further stated that believing fake promises of OP, he went to OP office along with his wife. There he did not meet any person by name Ms. Shalini, but one Mr. Rizwan, branch manager introduced himself. Instead of giving free gifts as promised, he started explaining the different offers of OPs company by showing the brochures. He explained that there were mini packages worth Rs.3,00,000/-, Rs.1,50,000/- etc. for different kind of packages in India and across the world. Complainant stated that he was not having that huge money to invest on it, even though several refusals Mr. Rizwan forcing him to invest the money. Finally, he gave an offer for the package of Rs.69,999/- for the facilities only inside India. Complainant was not interested in it either, but OPs executive brain washed the wife of complainant and forced for obtaining membership.

4. Complainant further stated that finally OP executive forcibly took HDFC bank credit card of complainant and paid OPs company an amount of Rs.69,999/- by way of online transfer using his credit card of HDFC bank dated 20.04.2024. He was also made to pay Rs.2,500/- as an administration fee. OP has issued receipt bearing No.197, very next day he was given the membership card bearing No.FHB#747. A month later, complainant requested OP company for a trip to Andaman Nicobar Island, OP without any proper reason rejected the claim, fail to accommodate the complainant and his wife to Andaman Nicobar Island. Complainant went on calling OP office continuously for many months, OP did not arrange for the complainants trip. Finally, he was surprised to see that OP branch at Banaswadi was closed, was informed that the head office of OP is in Yelhanka New Town.

5. With all these incident, complainant was shocked and alleged that OP is cheating hundreds of people on the same pretext to collect the money, many cases were pending against OP in Bangalore Court. He also alleged that OP company is filled with group of habitual offenders, cheating the people. Since, complainant used credit card for the payment of money to OP, has incurred interest of Rs.28,833/- for repayment of credit amount of Rs.69,999/-. On this ground, complainant caused legal notice to OP on 11.01.2024 which was duly served on OP, but neither replied to legal notice nor comply the claim of the complainant. Hence this complaint with above referred prayer.

6. On issue of notice to OP, OP did not appear before this commission on the date of appearance. Hence, OP placed Ex-parte.

7. At this stage, complainant filed his affidavit evidence along with certificate U/S 65B of I.E Act, in support to the evidence, complainant has filed 8 original documents which are marked as Ex.C.1 to Ex.C.9. Heard complainant and perused the documents on record.

8. On the basis of above pleadings for our consideration are as follows:-

i) Whether the complainant proves the deficiency of service on the part of OP’s?

ii) Whether complainant is entitled for the relief?

iii) What order?

9.  Our answers to the above points are as follows:-

Point No.1:-Affirmative.

Point No.2:-Partly Affirmative.

Point No.3:- As per the final order.

REASONS

10. Point No.1&2:-These points are inter-connected to each other and for the sake of convenience, to avoid repetition of facts, these points are taken up together for common discussion.

11. On perusal of the pleadings and documents placed before this commission, he has paid Rs.69,999/- on 20.04.2023, for which OP has issued receipt in bearing No.197 which is at Ex.C.1. To prove the payment, complainant also produced a bank statement issued by HDFC bank which is at Ex.C.5. OP company sent E-mail on 24.04.2023 about the details of membership and the holiday package which is Ex.C.3. At the time of obtaining membership, OP has also collected Rs.2,500/- towards admin fee which is at Ex.C.2.

12. OP being holiday and package company, runs its corporate office at Yelhanka, Bangalore, approached complainant and his wife on 20.04.2023 at Orion Mall, wherein one of the OPs executive asked to fil the lucky dip coupon, accordingly complainant dropped the filled coupon with them. On the same evening, OP executive called complainant and informed about that he won lucky draw saying that they will offer free movie ticket, silver coin and travel package. After approaching the office at Banaswadi, OP explained about the package and holiday trips, which was not mentioned earlier. Here we can observe that OP has called complainant and his wife by offering silver coin and travel package, but later explaining about the tours and packages by obtaining membership at OP company, to pay Rs.3,00,000/- and Rs.1,50,000/-, though the complainant was not in a financially stable situation at that time, OP company executive forced to buy the membership through his wife. When he was not in situation, OP came finally to the amount of Rs.69,999/- from Rs.1,50,000/-. With no other option, when the wife of the complainant also convinced with the OP, complainant still was under dilemma to take membership by paying Rs.69,999/- when he was not in financial position to take it. Complainant stated in the complaint that OP executive forcibly took his HDFC bank credit card and paid an amount of Rs.69,999/- to OP company by way of online transfer using his credit card of HDFC on 20.04.2023, which is disclosed in the bank statement produced in Ex.C.5. OP also taken an amount of Rs.2,500/- as a admin fee. In Ex.C.4, 03.05.2023 dated  we can observe that complainant has availed credit through HDFC bank credit card, the same has been taken under smart EMI plan with a fixed interest rate of 1.68% p.m., for the tenure of 36 months which the EMI comes to Rs.2,607/- with a processing fee etc. Through the same document, we observe that complainant has paid 36 EMIs with interest of Rs.28,833/- and cleared the entire repayment. It shows the genuinity of complainant, though he has financial burden he paid the burden and the principal amount to the bank for the reason OP made him to take trouble.

13.  Apart from this complainant wished to take his wife to Andaman Nicobar Island as he was not taken anywhere after marriage, he intimated to OP about his trip. No proper reasons, OP rejected his claim and cancelled the Andaman trip, even after so many months of follow ups. It shows a clear deficiency of service on the part of OP. Only to attract the people, they introduced themselves at public places and invited them for some or the other offers made them to incur money on their company, even they are not willing to buy. It is a kind of Unfair Trade Practice, collecting the heavy amount by complainant with a false promises and even not arranged for the holidays stay and the other facilities as promised at the time of offering the complainant. Even after the refusal, complainant caused legal notice for calling upon OP to refund the amount of Rs.69,999/- along with interest he paid towards credit card usage i.e.     Rs.28,833/-. Even after the service of Legal notice, OP did not come forward to comply the claim of the complainant and also not replied to the legal notice. Through this complainant has proved the deficiency of service and also Unfair Trade Practice by OP. OP not appeared before this commission, even after the service of notice, not defended their case. Therefore the pleadings and documents placed before this commission by complainant are unchallenged.

14. As we observed like OP company are attracting the people at public places with such offers and cheating the people. Likewise OP has also not rendered any service to the complainant, simply called with attractive offers and forced them to take membership with the company for availment of accommodation and package trips wherever and whenever they wish to have trip, but OP has not accepted the dates and the trip plan as the complainant wanted too. Simply on the improper reason they rejected dates and plan of the complainant and not given any service to them, hence complainant is just to claim for refund of money and he is entitled to the same, he also repaid the loan amount utilized through credit card in time which obviously a financial burden for complainant.

15. For the deficiency of service by OP, are liable to refund the amount the complainant has paid towards their offer of holiday package and the other benefits i.e. they are liable to refund Rs.69,999/- with interest. OP is also liable for the interest he paid to the bank of Rs.28,833/- for which he utilized the credit card. OP is also liable for the compensation for the deficiency of service and Unfair Trade Practice they caused to complainant, of Rs.25,000/- and Rs.10,000/- towards cost of litigation with no fault of complainant, OP made him to incur money on the litigation. To stop the Unfair Trade Practice indulged by OP, OP is liable to pay Rs.10,000/- towards punitive damage U/s. 39 (1) (g) of Consumer Protection Act 2019, to be remitted to the Consumer Welfare Fund. On the above reasons, we answer Point NO.1&2 accordingly.

16. Point No.3:-In view of the discussion referred above, we proceed to pass the following:-

ORDER

1. Complaint filed by the complainant U/S 35 of Consumer Protection Act, is hereby allowed in part.
2. OP shall repay Rs.1,01,333/- to the complainant towards the money received with interest at the rate of 8% p.a. from the date of rejection of his tour plan till this order and indemnifying the financial loss suffered by the complainant.
3. OP shall further directed to pay Rs.25,000/- towards cost and Rs.10,000/- towards litigation charges within 30 days from the date of order, failing which OP shall have to pay interest at the rate of 10% p.a. on the above Award amount from the date of order till realization.
4. OP further directed to pay Rs.10,000/- towards punitive damage U/S. 39 (1) (g) of C.P Act 2019, remitted to Consumer Welfare Fund within 30 days from the date of order.
5. Furnish the copies of the order and return the extra copies of pleadings and documents to the parties, with no cost.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 20^th day of May 2024)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;

NIL