DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.420 of 2018
Date of institution: 05.04.2018 Date of decision : 10.06.2019
Sandeep Dhand aged 31 years son of Dr. O.P. Dhand, resident of H.No.560, 1st Floor, Phase 3B-1, Mohali (Mobile No.98881-09085).
…….Complainant
Versus
1. Prop. FORB CLUB SCO-11, Sector 82, JLPL Industrial Area, Mohali, Punjab (Tel.No.0172-5252001).
2. Karan Walia, representative of FORB CLUB SCO-11, Sector 82, JLPL Industrial Area, Mohali, Punjab (Mobile No.90234-50122).
3. Deepak Kumar, representative of FORB CLUB SCO-11, Sector 82, JLPL Industrial Area, Mohali, Punjab and others.
……..Opposite Parties
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Mrs. Natasha Chopra, Member.
Present: Shri Abhishek Bhardwaj, counsel for complainant.
OPs ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainant alongwith his spouse Ms. Pooja Dhand are serving in a reputed corporate office. Both of them were invited for dinner/get-together for the first time in JW Merriot Hotel, Sector 35, Chandigarh, but for the second time in Hotel Medallion at Zirakpur. OPs gave detailed introductory of their company and schemes with respect to promotion of tourism. Participation of complainant was invited for that purpose. Complainant was allured to subscribe to a plan by way of deposit of Rs.12,500/-. Assurance of best probable travel pleasure free from inconvenience was given. As per communication received by complainant through email dated 05.09.2017, down payment of Rs.12,500/- has been received by OPs. Further as per that communication offers of worth of Rs.18,000/- travel services or jewellery shopping were given. On deposit of Rs.12,500/- one was supposed to be eligible for lucky draw, but whosoever does not win in the said draw, he was supposed to get travel vouchers of value of Rs.18,000/-. Complainant planned to visit Dubai and sought travel vouchers of Rs.18,000/-, but those were denied to complainant. While proceeding to Dubai complainant kept on approaching OPs for travel vouchers and allied services through emails, messages and phone calls. However, messages received from OPs were just pretexts and excuses. OPs failed to provide promised services as per communications sent through emails and SMSs. On 09.12.2017, complainant alongwith his wife visited Mohali office of OPs, where OPs misbehaved with complainant by way of giving fist blows on his back. Complainant approached concerned police station by lodging written complaint. It is claimed that OPs are indulging in fraudulent practice and they have intimidated for retaliation against complainant through their hired goons. By claiming that OPs cheated the complainant, this complaint filed for seeking refund of principal amount of Rs.12,500/- with interest @ 18% per annum till date of total payment. Direction also sought for closure of the company.
2. OPs are ex-parte in this case.
3. Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-6 and thereafter his counsel closed evidence.
4. Written arguments not submitted. Oral arguments heard and records gone through.
5. Contents of affidavit Ex.CW-1/1 itself shows as if OPs committed fraud, but details of fraud are not given and as such this affidavit is meaningless. Mere mention of words that facts and circumstances mentioned in the complaint are correct, not enough because affidavit must contain details of facts sought to be sworn on solemn affirmation. Even if this affidavit ignored, despite that other material placed on record liable to be taken in consideration.
6. Communication Ex.C-1 received by complainant from OPs discloses as if complainant was invited to hotel JW Marriott for delicious buffet dinner, but another communication dated 04.11.2017 received by complainant from OPs shows that complainant was further invited for 05.11.2017 at Hotel Medallion Chandigarh-Zirakpur road adjoining Hotel Park Plaza for Forb Club Diwali Lucky Draw. So this communication supports claim of complainant that he was invited to above said two hotels and that a lucky Diwali draw was to take place.
7. Copy of approval sales form Ex.C-2 shows that on down payment of Rs.12,500/- by complainant and his wife to OPs on 14.08.2017, special enrollment offers of Diwali draw; jewllery shopping of worth of Rs.18,000/- or of travel services of worth of Rs.18,000/- were given to complainant. So, case of complainant in that respect proved by contents of Ex.C-2. Same offers reiterated through email communication dated 05.09.2017, copy of which is placed on record as Ex.C-3. Further through communications dated 10.10.2017 and 27.11.2017 between parties (placed on record as Ex.C-3), query was put by complainant to OPs as to when Diwali draw will take place. Complainant also sought for travel vouchers for visiting Dubai. However, Page-2 of email communications Ex.C-3 shows as if complainant received communication from OPs on 04.12.2017 that the amount received from complainant has been refunded to some other Sandeep by mistake in Sector 22. In view of that complainant sought for refund of paid amount. Further communications through email correspondence produced as Ex.C-4. Complainant complained through Ex.C-5 having not received promised facilities and that is why he sought refund of deposited amount of Rs.12,500/-. Through Ex.C-5 complainant complained off misbehavior by employees of OPs. Subscribe newsletter Ex.C-6 also produced on record. From this entire material produced on record, it is made out that complainant has not received offered travel voucher services and that is why he is able to prove that there is deficiency in service on part of OP No.1. In view of this deficiency in service on part of OP No.1, certainly OP No.1 cannot retain advance deposited amount of Rs.12,500/-. If any misbehavior by way of giving beatings done by OP No.2 and 3 with complainant, then remedy available with complainant is to approach the court dealing with criminal cases of intimidation or of assault. Besides OP No.2 and 3 acted as agents of OP No.1 and the amount was accepted for and on behalf of OP No.1 and as such liability of refund remains of OP No.1 and not of OP No.2 and 3. Being so, complaint against OP No.2 and 3 merits dismissal. Deposit of amount of Rs.12,500/- took place through Ex.C-2 dated 14.08.2017 and as such in view of deliberate deficient services rendered by OP No.1, complainant entitled for refund of this amount with interest @ 8% per annum from the date of deposit till payment. Complainant also entitled to compensation for mental agony and harassment and to litigation expenses, but of somewhat hefty amount because of alleged misbehavior by employees of OP No.1 and non refunding of amount deposited despite repeated communications by complainant with OPs through emails, as discussed above.
8. As a sequel of above discussion, complaint allowed ex-parte with direction to OP No.1 to refund received amount of Rs.12,500/- (Rs. Twelve Thousand Five Hundred only) with interest @ 8% per annum from the date of deposits namely 14.08.2017 till payment. Compensation for mental agony and harassment of Rs.20,000/- (Rs. Twenty Thousand only) and litigation expenses of Rs.5,000/- (Rs. Five Thousand only) more allowed in favour of complainant and against OP No.1 only. Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Complaint against OP No.2 and 3 is dismissed. Certified copies of the order be supplied to the parties free of cost and thereafter the file be indexed and consigned to the record room.
Announced
June 10, 2019.
(G.K. Dhir)
President
(Mrs. Natasha Chopra)
Member
