DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.337/2014

Sh. Maninder Kaur

R/o H. No. 237/238 Block E,

Gandhi Vihar, New Delhi                                             ….Complainant

Versus

Panoramic Holiday Ltd.

Magic Holidays Ltd.

Shop No.21, First Floor,

MGF, Metropolitan Mall, Saket,

New Delhi-110017                                                 ….Opposite Party

                                                Date of Institution        : 27.08.14                Date of Order                : 07.05.19

Coram:

Sh. A.S. Yadav, President

Ms. Kiran Kaushal, Member

ORDER

Ms. Kiran Kaushal, Member

1. The complainant, Maninder Kaur alongwith her husband on receiving a telephonic call from the call centre of Panoramic Holiday Ltd. (OP) that her husband has been selected for an attractive package of holidays visited OP’s office. The complainant was requested to collect gift voucher on 31.05.13.
   1. On visiting OP’s office the complainant alongwith her husband received a gift voucher for a free holiday package of two nights and three days in their selected tourist places.  On the same day, the complainant’s husband was convinced to give Rs.4000/- in cash for file charges and Rs.47,310/- were debited from the husband’s credit card towards the holiday package.
   2. It is averred that the complainant and her husband were given a Blue Studio Package for a period of 18 months w.e.f. 31.05.13 by OP.  In the month of October, 2013 the complainant wanted to avail the services of OP and asked OP to book for a holiday in Nanital.  But the complainant was shocked when he was informed that OP would not provide any booking facility until the complainant paid the full  amount of Rs.1,87,611/-.
   3. Further it is averred that OP had  stated that EMI transaction of the complainant would start after 18 months w.e.f. 31.05.13 but was again shocked as his EMI transaction was started in January, 2014 and the amount of Rs.6575/- was debited from the account of her husband.
   4. It is stated that complainant informed the representative of OP who had admitted that the amount was debited wrongly but despite admission they refused to refund the same.  Feeling cheated and aggrieved, the complainant asked OP to discontinue their membership and refund the full amount i.e. Rs.4000/- cash plus Rs.47310/- by credit card plus 6,575/- EMI which amounts to Rs.57,885/-. The complainant contacted the representative of OP number of times through emails and telephonic calls but to no avail.
   5. Aggrieved by the circumstances, the complainant approached this Forum for refund of the amount of Rs.57,885/- with interest and for directions to OP to pay Rs.15,000/- towards harassment and litigation cost.
2. Notice was duly served to the OP by way of speed post as well affidavit of dasti service of notice is filed on behalf of the complainant. Despite receiving the notice OP chose not to contest the case hence was proceeded exparte on 26.03.15.
3. Complainant has filed exparte evidence by way of affidavit.     
4. Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant.     
5. Submissions made by the complainant are heard and we have gone through the material placed on record.
6. On perusal of the documents annexed with the complaint it is observed that the monthly statement of the credit card of the complainant shows the transaction detail on 31.05.13 wherein Rs.47,310/- were credited to Panoramic Holidays Ltd. Delhi. The said monthly installment for the sake of identification is marked as Mark ‘A’. But in the form/receipt given to the complainant the down payment details mentions that Rs.26,250/- are given by the complainant. Receipt dated 11.06.13 which we mark as Mark ‘B’ for the sake of identification given by Panoramic Holidays Ltd. shows that Rs.26,250/- received with thanks from complainant  as DP/EMI/ASF amount. We are of the opinion that receiving an amount of Rs.47310/- and giving the receipt of Rs.26,250/- in itself resorting to unfair trade practice. Further the complainant not having availed a single facility of OP is entitled to refund of his full amount. However, OP must have incurred some administrative and miscellaneous charges. We fix the same as Rs.5,000/-. Hence, we allow the complaint and direct the OP to refund Rs.52,885/- with interest @ 6% per annum from the date of receiving the amount i.e. 31.05.13 till realization within a period of two months from the date of receiving of copy of this order. Failing which OP shall be liable to pay Rs.52,885/- with interest @ 9% per annum from the date of receiving the amount till realization.  Additionally we direct OP to pay Rs.10,000/- towards compensation and litigation expenses.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.Thereafter file be consigned to record room   

Announced on 07.05.19.