Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 73.
Instituted on : 27.01.2021
Decided on : 24.03.2023.
- Tanuja Devi w/o Sh. Munish Kumar.
- Munish Kumar s/o Sh.Rajender Singh., R/o H.No.955/27, Gandhi Nagar, Rohtak.
………..Complainants.
Vs.
- Rangers Club Ltd. O/o 901, Logix Office Tower, Sector-32, Noida-201301, Uttar Pradesh.
- Rishabh Raina(T.O.Manager), Employee of Rangers Club Pvt. Ltd., O/o 901, Logix Office Tower, Sector-32, Noida-201301 Uttar Pradesh.
- Arun Kumar(T.O.Manager) Employee of Rangers Club Pvt. Ltd., O/o 901, Logix Office Tower, Sector-32, Noida-0201301 Uttar Pradesh.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER.
Present: Complainants in person.
Opposite parties exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are that he had taken the membership of Rangers Club Pvt. Ltd. on 27.09.2020 through the opposite party No.2 & 3 and the complainant had paid an amount of Rs.60000/- as membership fee through his credit card. But after taking the membership, opposite parties did not fulfill the assurances given by them. Opposite parties assured the complainant that they will make 24 EMIs and the interest of the same will be returned to the account of complainant within 45 days. But the complainant has received only Rs.5000/- in his account. Complainant sent so many emails to the opposite parties but they refused to refund the amount of interest. After conversation with the employees of company, he came to know that it was not mentioned in the file regarding the refund of interest and to pay the first tour package by the company. So the complainant refused for the membership. But lateron they sent a mail to the complainant that “As discussed with Mr. Arun, all your grievances has been resolved”. So the complainant had sent OK to this email but the file was not sent to the complainant. The act of opposite parties is illegal and mounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the amount of Rs.60000/- alongwith interest, compensation and litigation expenses as explained in relief clause to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. But the notices issued to opposite party No.1 to 3 through registered post did not receive back either served or unserved. Hence the opposite party no.1 to 3 were proceeded against exparte vide order dated 09.11.2021 of this Commission.
3. Ld. Counsel for the complainant in his exparte evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C10 and has closed his evidence on dated 21.01.2022.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. We have minutely perused the documents placed on record by the complainant. It is not disputed that the complainant had taken the membership of opposite parties on dated 27.09.2020 for 5 years and had paid an amount of Rs.60000/-, as is proved from the approval form Ex.C2 and payment confirmation message Ex.C4. As per conversation which is in the form of CD Ex.C1 and copy of conversation Ex.C6(2 pages), opposite parties had assured the complainant that first trip will be free. Complainant has also placed on record emails Ex.C7 to Ex.C10, as per which complainant has requested the opposite parties regarding waiver of interest as well as 1st Trip to India with all arrangement from their side including fair of by air. Account statement regarding EMI is also placed on record as Ex.C5. After hearing the audio it is well confirmed that Rishab Raina admitted that they will waive off the interest and first trip in India will be free including fair by air. But no such benefit has been given to the complainant despite his repeated requests. Moreover the opposite party has pressurized the complainant to confirm the contract before closing and they will look all the other things later on. Hence there is deficiency in service on the part of opposite parties and they are liable to refund the deposited amount to the complainant.
6. In view of the fact and circumstances of the case we hereby allow the complaint and direct the opposite parties jointly and severally to refund the amount of Rs.60000/-(Rupees sixty thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 27.01.2021 till its realization and shall also pay Rs.10000/-(Rupees ten thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainants within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
24.03.2023.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Vijender Singh, Member.
