CONSUMER DISPUTES REDRESSAL COMMISSION – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110016
Case No.252/18
1.Sh. Naresh Kumar Saini
S/o Shri P.C. Saini
2.M.S. Monika Saini
W/o Shri Naresh Kr. Saini
Both R/o 159, Chitra Vihar
Top Floor, Near Laxmi Nagar
Vs.
1M/s Journeys Resorts Private Limited
Jukaso INN Through its director Mr. Yajush Khanna
At: 50 Sunder Nagar, New Delhi-110003
Also at:IT Composite Towers
1, Indstrial Development Corporation
Mehruali Road, Gurgaon, Haryana
Date of Institution-22.11.2018
Date of Order-16.02.2024
O R D E R
RITU GARODIA-MEMBER
- The complaint pertains to deficiency in service on part of OP concerning membership for holiday plan.
- Facts outlined in complaint: The complainant was invited by an employee of OP at V3S Mall, Laxmi Nagar, Delhi-93 to visit OP’s office at Sunder Nagar. A free coupon was provided to the complainant.
- At OP’s office, another employee, Mr. Shoeb Khan induced the complainant to purchase the membership namely JHP (Journey Holiday Plan)- 10 years Orange Travel Plan. The complainant was issued membership bearing Contract ID-121502 and Traveler ID: 205682 on payment of Rs.1,95,000/-. It is alleged that OP took the signature of the complainant on the Agreement without providing proper time to read the Agreement.
- The complainant read the complete Agreement the next day i.e.09.03.2018. He realized that he was being cheated. He immediately sent an e-mail to OP for cancellation of Membership Agreement and refund. The said emails were acknowledged by OP.
- Thereafter several emails were exchanged but no refund has been made till date. The complainant prays for refund of Rs.1,95,000/- with 18% interest and Rs.1,00,000/- as compensation.
- Notice was issued to OP. Counsel for OP duly appeared and filed Vakalatnama. Thereafter OP failed to appear and was proceeded ex-parte vide order dated 22.02.2019.
- Complainant has filed evidence by way of affidavit and exhibited the following document:
- Copy of Fee Coupons for Journey is Exhibited as CW1/A.
- Copies of E-mails are Exhibited as CW1/B, C& D
- Copy of letter and postal receipts are exhibited as CW1/E & CW1/F.
- Copy of E-mail dated 17.3.2018 and acknowledgement is exhibited as CW1/G & H.
- Copy of E-mail dated 20.3.2018 is Exhibited as CW1/I.
- Copy of Legal notice is exhibited as CW1/J.
- Copies of postal receipts are exhibited as CW1/K.
- Copy of purchase Agreement is exhibited as CW1/L.
- The Commission has considered the material and documents on record. A gift certificate dated 08.03.2018 by OP shows that complainant was entitled for 2 nights 3 days stay at Dharamshala / Udaipur / Manali / Switzerland / New Delhi. The receipt dated 08.03.2018 issued by OP shows that a down payment of Rs.1,95,000/- was received by OP and the Contract ID:121502 and Travel ID: 205682 was issued. The complainant has also filed credit card receipt showing the payment made to OP.
- The terms and condition of the Purchase Agreement issued by OP has been placed on record. Clause 8.3 of the Agreement provide for refund. Relevant portion is as under:
- The complainant filed email dated 9.3.2018 requesting for refund. OP acknowledged the email with an assurance of reviewing the complainant’s request. OP again acknowledged the request on10.03.2018.
- The complainant sent a request for refund vide speed post on 12.03.2018. Thereafter, the complainant sent email requesting refund on 17.3.2018 and 20.03.2018. OP duly acknowledged these emails on same days respectively. The complainant sent a legal notice dated 02.04.2018.
- Based on the sequence of events, it is evident that the complainant made a payment of Rs. 1,95,000/- and received a 10-year membership on 08.03.2018. According to the terms and conditions outlined in the purchase agreement, a member had the option to withdraw their application and request a refund within 10 calendar days from the receipt of the down payment. The complainant exercised this option by requesting a refund on the following day, 09.03.2018 OP acknowledged this request via email on the same day.
- Thereafter the complainant has been repeatedly asking for refund but OP has ignored the complainant request. Hence, we find OP guilty of unfair trade practices and direct OP to-
- Refund Rs.1,95,000/- with 9% interest from date of deposit till realisation.
- Pay Rs.25,000/- as compensation for mental harassment and agony.
- Pay Rs.5,000/- towards litigation expenses.
- Order to be uploaded and to be complied with within 30 days from the date of order. File be consigned to record room.
