CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO. CC/533/18

                                                                               Date of Institution:-18.12.2018

                                                                               Order reserved on:-13.04.2023

                                                                               Date of Decision:- 19.05.2023

IN THE MATTER OF:

Puneet Dublish

S/o Late Sh. Pratap Swarup Dublish

R/o 563, Windsor Green, F-28, Sector-50

Noida, District- Gautam Budh Nagar                           ......Complainant

VERSUS

Princess Holidays

Unit No. 323, Living Style Mall,

Jasola, Pocket-6,

New Delhi - 110025

.…..Opposite party

O R D E R

Per R. C. Yadav, Member

1. The brief facts of the case are that, on 20.03.2018 complainant and his family were invited for dinner by the opposite party at Pind Balluchi, GIP Mall, Noida. Mr. Shehbaz Khan, Zonal head of the OP briefed the complainant during his visit about benefits of becoming a member and the fee for membership. Mr. Shehbaz Khan informed that membership was valid if complainant make payment on the same day. So, the complainant accepted the offer and paid rest Rs.1,50,000/- immediately through Axis Bank Credit Card. The payment receipt is attached as Annexure-1, and membership agreement is attached as Annexure-2. On the same day when the complainant reached home the complainant realised it to be a wrong decision taken by them within 24 hours, the complainant along with his wife visited the OP office in Jasola and informed that he wanted to withdraw from membership and requested to refund of Rs.1,50,000/-. On 22.03.2018, complainant gave a written notice through e-mail asking for refund of his membership i.e. Rs.1,50,000/-. Written notice attached as Annexure-3. On 18.09.2018, complainant along with his wife again visited the office of OP and requested CO of Zonal head of the OP party to refund the money. The CO of the OP promised to make full refund on 19.09.2018. The CO’s written promise is attached as Annexure-5. On 19.09.2018, complainant called the C.O. and rest Rs.50,000/- were transferred through NEFT in Axis Bank. Complainant also requested to refund the balance amount but opposite party promised to refund the balance in October, 2018. Complainant again and again requested to refund the balance amount but the OP paid no heed to the requests. The complainant prayed for the refund of balance amount rest Rs.1,00,000/- with interest and compensation for mental harassment along with litigation charges.

2. The OP was served but it did not enter appearance and right to file reply was closed vide order dated 02.08.2019.

3. The complainant has filed ex-parte affidavit of evidence in support of his case.

4. We have heard the complainant and it is submitted that matter may be disposed off on the basis of material on record.

5. We have carefully and thoroughly gone through the material on record.

6. The case of the complainant is that on 20.03.2018 complainant and his family were invited for dinner by the opposite party at Pind Balluchi, GIP Mall, Noida. Mr. Shehbaz Khan, Zonal head of the OP briefed the complainant during his visit about benefits of becoming a member and the fee for membership. Mr. Shehbaz Khan informed that membership was valid if complainant make payment on the same day. So, the complainant accepted the offer and paid rest Rs.1,50,000/- immediately through Axis Bank Credit Card. The payment receipt is attached as Annexure-1, and membership agreement is attached as Annexure-2. On the same day when the complainant reached home the complainant realised it to be a wrong decision taken his wife visited the OP office in Jasola and informed that he wanted to withdraw from membership and requested refund of Rs.1,50,000/-. On 22.03.2018, complainant gave a written notice through e-mail asking for refund of his membership i.e. Rs.1,50,000/- written notice attached as Annexure-3. On 18.09.2018, complainant along with his wife again visited the office of OP and requested CO of Zonal head of the OP party. The CO of the OP promised to make full refund on 19.09.2018. The complainant’s written promise is attached as Annexure-5. On 19.09.2018, complainant called the C.O. and rest Rs.50,000/- were transferred through NEFT in Axis Bank. Complainant also requested to refund the balance amount but opposite party promised to refund the balance in October, 2018. Complainant again and again requested to refund the balance amount but the OP paid no heed to the requests. The complainant prayed for the refund of balance amount rest Rs.1,00,000/- with interest and compensation for mental harassment along with litigation charges. The case of the complainant does not suffer from any factual/legal defect. The allegations made by the complainant have gone unchallenged, uncontroverted and unrebutted and as such whatever has been placed on record is required to be believed. From the facts of the case and evidence placed on record, it is clear that in spite of the various reminders, the OP had not returned the membership amount i.e. rest Rs.1,00,000/- to the complainant. The complainant informed the OP within 24 hours to refund the money and this Act apparently and clearly constitutes deficiency-in-service, monopolistic of unfair trade practices on the part of OP.

7.  Accordingly, we allow the complaint and direct the OP to return Rs.1,00,000/- along with 6%interest from 20.03.2018 till realisation and also pay Rs.10,000/- lump sum for mental agony and litigation expenses to the complainant within 45 days from date of receipt of this order. Failing which OP shall be liable to pay the entire amount with interest @9% till realisation.

• Copy of this Order be given/sent to the parties as per rules.
• The file be consigned to record room thereafter.
• Announced in the open court on 19.05.2023