DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.20/2016
Sh. Rajiv Kumar Narang and Smt. Sonia Narang
A-172, Preet Vihar, Delhi-110092 ….Complainant
Versus
Mr. Anuj Pandit and Ms. Bhawna Pandit
Chairman & Managing Director
Signature Linkers Pvt. Ltd.
K-28, 2nd Floor, Lajpat Nagar Part-II,
New Delhi ….Opposite Party
Date of Institution : 19.01.16 Date of Order : 26.08.17
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
ORDER
The case of the complainants, in nutshell, is they were called by the OP’s representative many times to collect free prize for a coupon which was filled by his wife during her visit to Pentaloon, South Extension in January, 2015. On 31.01.15 they visited the OP to collect the free gifts. There were few couples sitting in the hall and engaged by the advisor of the OP. The hall had very loud music. It is stated that they “requested them to reduce the volume but they somehow avoided the request.” They “were continuously engaged by some other staff, who kept giving us details about the free accommodation for my family, which includes me, my wife, my son aged 19 Yrs and 12 Yrs for one week/year at their twenty resorts, fort Luni, a membership of RCI.” It was told by the OP’s representative that ‘ “Season Type Red” was the best package and in that package studio apartment will be given for the family and stay in resort and they will get 5/7 star hotels facilities through DAE by paying exchange fee of Rs.7200/- per week in Asia region and Rs12,700/- per week in international hotels for as many weeks as they desire’. They “were shown a draft agreement with exit clause and I was told that we had a trial period of seven days within which we could return the membership and get full refund”. OP had promised many free gifts, free movie tickets, free live shows and free transport and other lucrative offers. It was told by the OP’s representative that the scheme is only for that day. As their children were at home, her wife signed the papers and Mr. Anuj Pandit, Owner/Manager took his credit card and charged Rs.85,000/- and then prepared a receipt No.16167 dated 31.01.15; that on the next day on 01.01.15 (sic) he enquired from Grand Holiday Club Bangalore and DAE representative in Bangalore to enquire about the procedure for booking of 5/7 star hotels. They were shocked to know that they were not eligible for accommodation for the entire family alongwith two sons. They received a call from Ms. Anjali, representative of the OP. They informed her that he wanted refund but she replied that the refund would be given by OP signature linkers on 02.02.15. They sent email to the OP to refund the entire amount and sent many emails but no reply was received. On 23.02.15 they wanted to file FIR but Lajpat Police Station refused to file the FIR. It is submitted that the OP is dubious and its aim is to cheat the customer. They promised verbally as the exact details of resorts/membership charges for family etc. are not clearly specified in the agreement but in vain. Hence, pleading deficiency in service on the part of the OP the complainant has filed the present complaint for issuing the following directions to the OP:-
- to refund the membership fee sum of Rs.85,000/- to the complainant with interest @ 14% per annum till realization,
- to direct the OP to pay Rs.1 lac to the complainant as compensation towards loss of peace and mental agony suffered by the complainant due to negligence of the service and false commitments,
- direct the OP to pay to the complainant cost of the complaint and litigation.
OP has been proceeded exparte vide order dated 28.04.16.
Complainant has filed his affidavit in evidence.
We have heard the complainant and have also gone through the file very carefully.
The complainant has filed the payment receipt issued by the OP for a sum of Rs.85,000/- (copy annexure-A) containing terms and conditions. The complainant sent various mails to the OP for refund of the amount but the OP has failed to do so.
OP has the knowledge about the filing of the complaint but has not chosen to contest it. Averments made in the complaint and evidence led by the complainants have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainants.
In the instant case, complainant had paid a sum of Rs.85,000/-, which was accepted by the OP. OP made the various promises but did not nor any of such facilities to the complainant. It is quite unfortunate and disgusting that many clubs like the OP allure innocent people to buy the membership of their club by making false promises and offering free gifts and hypnotise some customers to part with their hard earned money to purchase the membership of their clubs which ultimately turns out to be hollow and fictitious dream.
It is a settled principle of law that if the requisite services are not availed by the complainant on account of default on the part of the club then the club is obliged to return the amount taken from the customer. Not refunding of the amount even after sending several letters/reminders amounts to deficiency of service. Therefore, we allow this complaint and direct the OP to refund the membership fee of Rs. 85,000/- along with interest @ 6% p.a. to the complainants from the date of filing of the complaint till its realization and to pay Rs. 10,000/- in lumpsum for mental pain etc. and costs of litigation to the complainants within 30 days of receipt of copy of this order failing which the OP shall become liable to pay interest @ 9% p.a. on the amount of Rs. 85,000/- from the date of filing of complaint till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 26.08.17.
