| Final Order / Judgement | CONSUMER DISPUTES REDRESSAL COMMISSION-VII DISTRICT: SOUTH-WEST GOVERNMENT OF NCT OF DELHI FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN SECTOR-20, DWARKA, NEW DELHI-110077 CASE NO.CC/267/19 Date of Institution:- 19.07.2019 Order Reserved on:- 21.03.2024 Date of Decision:- 13.06.2024 IN THE MATTER OF: P. V. Subba Rao B-12, Vrindavan Apartments Plot-1, Sector-6, Dwarka, New Delhi .….. Complainant VERSUS Manager/Office-in-Charge/Authorised Signatory/Director/Managing Director Royals Club International B-135, 2nd Floor, Sector-2, Noida (UP) - 110017 ……Opposite Party Per Dr. Harshali Kaur, Member - Allured by the representation of the OP personnel, the complainantagreed to take the membership of the OP and opted for a timeshare package offered by the OP. He paid Rs.35000/- as an all-inclusive price for the offered 15-day continuous stay at the OP property in Ooty, TamilNadu. Enclosure 2 is a copy of the payment slip/receipt dated 22.04.2019 towards the payment.
- The complainant states that an approval form(Enclosure 3) was handed to him wherein AMC (Annual Maintenance Charges) amounting to Rs.7000/- was mentioned. The complainant objected to this amount but was informed that this AMC amount was mandatory as per the company policy and could be paid after availing the stay.
- The complainant received an e-mail on 24.4.2019 (Enclosure 4) wherein the OP adjusted the sum of Rs.35000/- paid by him to the OP for a 2-year membership whereby the complainant could only avail 6-night and 7-day stay peryear after making the additional payment of Rs.7000/- per year towards AMC. The complainant was surprised at the change of face by the OP, which contradicted the offer made to him while giving the presentation.
- Thus, having lost faith in the OP, the complainant sent an e-mail dated 25.4.2019 and asked the OP to refund the consideration amount paid towards the package. After several reminders and requests, the OP agreed to the complainant's terms vide e-mail dated 9.5.2015. The complainant sent another e-mail dated 13.5.2019 seeking a booking at the specified dates, which the OP refused vide e-mail dated 25.5.2019.
- Hence, the complainant sought a refund of his money via e-mail dated 29.05.2019, which the OP refused on 31.05.2019 via e-mail, stating therein that his payment towards the membership was non-refundable. The complainant has annexed all the e-mails exchanged between the complainant and the OP as (Enclosure 5) with his complaint.
- The complainant, thereafter, filed the present complaint on 19.07.2019 under section 12 of the Consumer Protection Act, 1986, alleging deficiency in service by the OP. He has prayed for directions to the OP to refund the membership fee of Rs.35,000/- along with 18% interest per annum until judgment is passed by the Forum, Rs.3000/- towards the cost of the petition and Rs. 2 lakh towards mental agony and harassment.
- Notice was issued to the OP, who did not appear despite adequate service, proof of which was filed by the complainant. Hence, the OP was proceeded ex-parte vide order dated 30.09.2019. The complainant filed ex-parte evidence reiterating the averments made in his complaint and filed written arguments. On the date fixed for final arguments, the complainant submitted before this Forum that the OP had refunded the amount of Rs.34,300/- out of Rs. 35,000/- paid by him towards the membership of the OP club on 25.07.2019. He also filed a copy of the cheque dated 25.07.2019 on record. The complainant stated that Rs.700/- were still pending along with the interest that would have accrued on his paid amount.
- We have heard the complainant and the Ld. Counsel of the OP, who was present on the date fixed for final arguments despite the OP being ex-parte. After perusing the documents filed on record and carefully considering the complainant's case, we find that the complainant took the membership of the OP timeshare club and paid the amount of Rs.35000/- to the OP to opt for their membership.
- However, later, the complainant realized that the OP had misled him regarding the Annual Maintenance Cost (AMC) of Rs.7000/- to which he objected and sought a refund. After repeated follow-ups, the complainant agreed to book a holiday for 15 days, but the OP did not confirm his booking as the complainant's membership was only valid for booking a 6-night and 7-day package per year.
- Unhappy with the OP's contradictory statements and having lost faith in the OP, the complainant sought a refund of his paid amount of Rs.35,000/- vide e-mail dated 29.05.2019 (Enclosure 5). The OP is ex-parte, but the complainant admitted that the OP had refunded the amount of Rs.34,300/- to the complainant on 25.07.2019, i.e. after the complainant filed the present complaint before this Forum on 19.07.2019, and notice was issued to the OP.
- Hence, the only issue pending adjudication is regarding the compensation and Rs.700/- deducted by the OP out of the amount paid by the complainant. In our considered view, there is no reason given by the OP regarding the deduction of Rs.700/- from the refund of the payment made to the complainant as the OP chose not to contest the present complaint for reasons best known to them and is ex-parte.
- Further, after receiving the membership amount of Rs.35,000/-, the OP undoubtedly enjoyed the interest which would have accrued on the same. Thus, the OP ought to refund the complainant this amount as well. Additionally, the OP could not satisfactorily resolve the complainant's grievance, which is tantamount to deficiency in service in our view. It would have caused the complainant mental agony and harassment to run from pillar to post to get the paid amount refunded, for which he deserves to be compensated.
- Hence, allowing the complaint to the extent of interest and compensation, we direct the OP to refund the complainant Rs.700/- deducted by them without any reason being attributed to or informed to the complainant. The OP shall also pay the complainant interest @9% on Rs.35,000/- from the date of the e-mail sent by him to the OP requesting a refund of his money, i.e. 29.05.2019 till 25.07.2019 when the OP refunded the amount of Rs.34,300/- along with Rs.10,000/- towards the mental agony and harassment suffered by him inclusive of litigation cost.
- A copy of this order is to be sent to all the parties as per rule.
- File be consigned to record room.
- Announced in the open court on 13.06.2024.
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