Order dictated by:
Sh.Anoop Sharma, Presiding Member
- Sh.Pankaj Mehta complainant has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that on 23.4.2016 complainant got the membership of the Holiday plans from opposite party No.3 on payment of Rs. 50000/-. In this regard membership contract ID 17582 and traveler ID 86850 in the name of Pankaj Mehta and his wife Sangeeta Mehta was issued by the opposite parties on 23.4.2016. On 28.4.2016 complainant received an e-mail of welcome letter with terms and conditions from the opposite parties. At the time of obtaining membership fee, opposite party No.3 disclosed that two children of the complainant of any age will be considered as free members alongwith the complainant and his wife. But on receipt of terms and conditions in writing, the complainant came to know that the children above the age of 12 years will be considered as Adults. Several other terms and conditions were contrary to the terms and conditions as disclosed at the time of obtaining the membership fee. The complainant immediately within stipulated period of 10 days made a written request to the opposite parties for cancellation of their membership and for refund of the amount of the complainant and his wife as per rules. But the opposite parties neither gave any reply to the said request nor cancelled the membership of the complainant. Thereafter on 3.5.2016, 4.5.2016 and 5.5.2016 complainant sent requests through e-mails to the opposite parties for cancellation of their membership and for refund of the amount, but to no avail. On 10.5.2016 complainant received an email stating therein that “ this is in reference to your telephonic discussion with Retention Team Unfortunate that you don’t wish to continue the membership. The cancellation will be processed as per the terms and conditions of the company. The deduction of Rs. 5000/- plus taxes will be done. Your refund will be done till July, last 2016.” Thereafter the complainant has not received any refund from the opposite party. The complainant again made several requests to the opposite party for cancellation of the membership and for refund of the amount, but to no avail. The complainant has sought for the following reliefs vide instant complaint:-
- Opposite parties be directed to cancel the membership of the complainant and to refund the amount of the complainant to the tune of Rs. 50000/- alaongwith interest @ 18% p.a. from the date of payment till realization.
- Compensation to the tune of Rs. 40000/- be also awarded to the complainant.
Hence, this complaint.
2. Upon notice opposite parties appeared and filed written version taking certain preliminary objections therein inter alia that on 23.4.2016 complainant got the membership of the opposite party vide membership contract ID 17582 and traveler ID 86850 in the name of Pankaj Mehta and his wife namely Smt. Sangita Mehta and a written agreement was signed at Alpha One Mall, Amritsar alongwith annual facilitation fee of Rs. 4000/-. The membership was for a period of 5 years. Copy of contract agreement was provided to the member on the same day i.e. 23.4.2016 ; that there is no cause of action or deficiency in service as per the terms of the contract duly signed by the complainant and as such the complaint is not maintainable ; that as per clause 8.1 , if the application of withdrawal is not received by the JRPL, within 10 days from the date of receipt of down payment, the traveler right to claim the withdrawal and entitlement to refund shall lapse and claim refund of amount paid less which is Rs. 5000/-. However, no written request was received by opposite party No.1 within 10 days as stipulated in clause 8.1, as such the complaint is not maintainable; that an e-mail dated 4.5.2016 requesting to cancel the membership and refund the payment of Rs. 50000/- and complainant being an influential person forced the retention team of the JRPL to treat the cancellation within a period of 10 days and as such a cheque for Rs. 43,250/- dated 20.9.2016 vide cheque No. 720952 drawn on Axis Bank, Gurgaon favouring the complainant was prepared and informed the complainant to come to the office of opposite party No.1 and collect the cheque. But the complainant is adamant to receive only an amount of Rs. 50000/- alongwith interest which cannot be accepted and as per the agreement, the complainant under clause 8.2 is entitled to receive the amount deducting 60% of journeys, home plan, price which is non refundable and is entitled to only 40% less outstanding AFF together with the interest and taxes dues. However, to settle the issue opposite parties are ready to handover a cheque of Rs. 43,250/- to the complainant in full and final settlement of all his claim. On merits facts narrated in the complaint have specially been denied and a prayer for dismissal of complaint was prayed.
3. In his bid to prove the case, Sh. Raman Randev, Adv.counsel for the complainant tendered into evidence affidavit of the complainant Ex.C-1 alongwith documents Ex.C-2 to Ex.C-14.
4. On the other hand while filing written version Sh. Tek Chand, Legal Asstt. On behalf of opposite parties No.1 to 3 made a statement that alongwith written version he has brought a cheque bearing No. 720952 dated 20.9.2016 for Rs. 43,250/- for handing over the same to the complainant. But, however, complainant did not accept the same. Thereafter opposite party did not opt to appear and was ordered to be proceeded against ex-parte.
5. We have heard the ld.counsel for the complainant and have carefully gone through the record on the file.
6. From the appraisal of the evidence, it becomes evident that the complainant has obtained membership contract from the opposite party No.3 on 23.4.2016 on payment of Rs. 50000/- copy of payment receipt is Ex.C-4 on record. It is the case of the complainant that opposite party has issued membership contract ID 17582 and traveler ID 86850 in the name of Pankaj Mehta and his wife namely Sangeeta Mehta, copy of certificate of membership accounts for Ex.C-3 on record. It is the further case of the complainant that on 28.4.2016 , he has received an e-mail of welcome letter from the opposite parties alongwith terms and conditions. Copy of welcome letter accounts for Ex.C-5 on record. Complainant has alleged that at the time of taking membership fee, opposite party No.3 disclosed that two children of the complainant of any age will be considered as free members alongwith the complainant and his wife. But on the receipt of the terms and conditions, complainant came to know that the children above the age of 12 years will be considered as Adults. It has further been contended that several other terms and conditions were also contrary to the terms and conditions as disclosed by the opposite party No.3 at the time of taking membership fee. The complainant immediately within stipulated period of 10 days made a written request to the opposite parties for cancellation of their membership and for refund of the amount of the complainant and his wife as per rules. Copy of written request dated 3.5.2016 accounts for Ex.C-6 on record. But the opposite party vide letter dated 10.5.2016 replied that the cancellation will be processed as per terms and conditions of the company and deduction to the tune of Rs. 5000/- plus taxes will be done to which the complainant did not agree to accept .
7. On the other hand the opposite parties after filing written version and making statement that they are ready to make payment of Rs. 43250/- i.e. the amount after deduction of Rs. 5000/- plus taxes, did not opt to put in appearance and therefore were ordered to be proceeded against ex-parte. However, in the written version opposite parties have taken a plea that as per clause 8.1 Ex.C14, if the application of withdrawl duly signed by the applicant and co-applicant is not received by the JRPL within 10 days from the date of receipt of down payment, the traveler right to claim the withdrawal and entitlement to refund shall lapse i.e. a traveler is allowed a period of 10 calendar days from the date of receipt of down payment to withdraw their journeys and claim refund of amount paid less which is Rs. 5000/-. But on the other hand complainant made a written request for cancellation of membership and refund payment of Rs. 50000/- on 3.5.2016 i.e. within 10 days from the date of receipt of welcome letter. But, however, opposite party did not rebut the aforesaid evidence and as such has impliedly admitted the case of the complainant . As such, complainant is entitled to full refund i.e. Rs. 50000/- without deduction of any amount/taxes.
8. In view of the above discussion, we hold that opposite parties are liable to refund the full payment of Rs. 50000/-. As the complainant has been harassed by the opposite parties by making payment of his hard earned money, as such he is entitled to compensation to the tune of Rs. 5000/-. Litigation expenses are assessed at Rs. 3000/-. Compliance of this order be made within a period of 30 days from the date of receipt of copy of this order; failing which complainant shall be entitled to get the order executed through the indulgence of this Forum. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated : 25.1.2017
/R/
