Case No.CC/155/2021

Date of Institution:-25.03.2021

Order Reserved on :-21.03.2024

           Date of Order :-24.04.2024

IN THE MATTER OF:

Rajesh Kalra

R/o 254, Plot No. 29-B,

Sector-10, Dwarka,

New Delhi – 110075.

          …..Complainant

VERSUS

Royals Club International

(A unit of Royals Timeshare India Limited)

B-135, 2^nd Floor,

Sector-2, Noida, UP – 201301.

… Opposite Party

O R D E R

Per R. C. YADAV , MEMBER

1. The brief facts of the case are that the OP has invited the complainant for presentation on 12.12.2021 at Radisson Blue Dwarka New Delhi.  The complainant was offered 3Nights/4Days free holiday in Corbett and Dinner at the hotel as complementary gift to attend the meeting.The presentation was given by Mr. Karan Gupta and Mr. Puneet Mehra and sold a five year membership plan for Rs.60,000/-.  The cost of Rs.60,000/- was to be paid in 18 No Cost EMIs.  The complainant has received the bank statement from ICICI Bank it was Rs.60,000/- + interest + GST, Total Rs.68,697/-.  The membership was in the name of his wife Ms. Reena Kalra and the complainant was co-applicant.   The payment was made from his ICICI bank credit card.
2. On 13.01.2021 a mail was received from OP describing their terms and conditions which were not as told at that meeting on 12.01.2021 at Radisson Blue Dwarka, New Delhi.  The complainant has discussed the discrepancies with Mr. Karan Gupta and Mr. Puneeet Mehra several times on phone and personally on 27.01.2021 at Radisson Blue hotel and requested to give a written acceptance to the points told to them in presentation on 12.01.2021 at Radisson Blue Dwarka New Delhi.   The complainant has also sent emails on 29.01.2021 and 30.01.2021 to the OP detailing the discrepancies (e-mail attached).  But despite repeated reminders and calls, the OP has not solved the issues. The OP has sent membership certificate and membership card to the complainant but the complainant has replied to OP as they did not agree to the terms and conditions of the OP.  The complainant has requested to OP for refund his money but the same has not been refunded by the OP.  The complainant has prayed for refund of Rs.68,697/- alongwith Rs.25,000/- as compensation and Rs.8,000/- as litigation charges.
3. In response to the written statement, the complainant has filed rejoinder reiterating the allegations made in the complaint and denying the allegations leveled in the written statement.
4. The complainant has filed affidavit in evidence but the OP has not filed evidence and hence forthwith the defense of OP was closed vide order dated 28.10.2022.
5. Notice of complaintwas servedto OP.The OP has filed his reply and taking several preliminary objections that the complaint is not regarding the service rendered by the OP but contractual in nature. Therefore, the dispute is not governed by the consumer protection law.  It is a well settled principle of law that contractual dispute between the parties are beyond the jurisdiction of consumer forum.  The OP has submitted that the present complaint does not fall in the jurisdiction of consumer commission as the agreement clearly states that in case of any dispute arising between the parties, the complainant may invoke arbitration clause. In the aforesaid clause, it is submitted that the present complaint is not maintainable because complainant has not invoke arbitration in terms of the agreement and the Ld. Forum cannot entertain this complaint.   The OP has submitted that GST is destination based tax, which has to be paid by the service recipients.  In the present case, the complainant being service recipient cannot run away from its statutory duty to pay legitimate taxes on the services to be rendered.  Hence, the present complaint is liable to be dismissed.
6. We have gone through the material on record carefully and thoroughly.
7. It is the case of complainant thathewas offered 3 Nights/4 Days free holiday in Corbett and Dinner at the hotel as complementary gift to attend the meeting. The presentation was given by Mr. Karan Gupta and Mr. Puneet Mehra and sold a five year membership plan for Rs.60,000/-.  The cost of Rs.60,000/- was to be paid in 18 No Cost EMIs.  The complainant has received the bank statement from ICICI Bank it was Rs.60,000/- + interest + GST, Total Rs.68,697/-.  The membership was in the name of his wife Ms. Reena Kalra and the complainant was co-applicant.   The payment was made from his ICICI bank credit card.  On 13.01.2021 a mail was received from OP describing their terms and conditions which were not as told at that meeting on 12.01.2021 at Radisson Blue Dwarka, New Delhi .  The complainant has discussed the discrepancies with Mr. Karan Gupta and Mr. Puneeet Mehra several times on phone and personally on 27.01.2021 at Radisson Blue hotel and requested to give a written acceptance to the points told to them in presentation on 12.01.2021 at Radisson Blue Dwarka New Delhi.   The complainant has also sent emails on 29.01.2021 and 30.01.2021 to the OP detailing the discrepancies.  But despite repeated reminders and calls, the OP has not solved the issued.  OP has sent membership certificate and membership card to the complainant but the complainant has back to OP as they did not agree to the terms and conditions of the OP.The OP has stated that the case of a contractual in nature and this case should not come to the Consumer Commission for redressal. As far as the plea of Arbitrator clause between the parties is concerned, the same is not relevant as Section 3 and Section 100 CPC do not bar in filing of such complaint, despite having their Arbitration clause between the parties.  The OP has shown in his booklet kept at the table i.e. Hilton, Ramada, Le-Meridian etc. are not shown anywhere in site or link daeliv.com shared by Mr. Karan Gupta via Whatsapp. The link is a forwarding link which takes to 7across.com in which also Hilton, Ramada, L-Meridian are not shown.  The complainant was informed that 40% - 50% discount will be given on ala-cart orders or they can have buffet meal from Rs.799 – Rs.1199/- per day per person.  No credit facility will be extended.  The complainants were offered 18 No cost EMI of Rs.60,000/- with EMI starting from April, 2021 onwards whereas OP has charged Rs.60,000/- + interest and EMI.  The agreement does not have list any benefits which were told to them at the time of meeting at Radisson Blue Dwarka, which clearly shows from the records that the complainant has paid Rs.60,000/- to the  OP and the OP has issued receipt vide dated 12.01.2021.
8. We are satisfied that this acton behalf of OP constitutes deficiency in service and unfair trade practice.
9. Accordingly, we allow the complaint and direct the OP to refund Rs.68,697/- (Rupees Sixty Eight Thousand Six Hundred Ninety Seven) to the complainant alongwth an interest @ 6% p.a. from the date of booking of 3 Nights/4 Days free holiday in Corbett and Dinner at the hotelalongwith Rs.20,000/- (Rupees Twenty Thousand) as lumpsum for mental agony and litigation charges within 45 days from the date of receipt of order failing which OP shall be liable to pay entire amount alongwith interest @ 9% p.a. till realization.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announce in the open Court on 24.04.2024at 3.30 PM.