DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Complaint No. CC/15/136 of 7.7.2015

                                      Decided on:        13.5.2016

Dhiraj Puri aged 40 years son of Sh.Bal Krishan Puri resident of House No.1, Aman Colony, Near 22 No.Phatak, Patiala.

                                                                   …………...Complainant

                                      Versus

1.      Sterling Holidays Resorts (India) Limited Registered Office: City Tower, 3^rd Floor, No.7, 3^rd Cross Street, Kasturba Nagar Adyar, Chenai-600020 through its M.D.

2.      Sterling Holidays Resorts (India) Limited,SCF 63-60, Ist Floor above Reliance Fresh, Mohali-160062.

3.      Ankur Sharma Customer Acquisition Manager, Sterling Holidays Resorts ( India) Limited, SCF 186-87, Ist Floor, Sector-8C, Madhya Marg, Chandigarh-160019.

                                                                   …………….Ops

                                      Complaint under Section 12 of the

                                      Consumer Protection Act.

                                      QUORUM

                                      Smt.Neelam Gupta, Member

                                      Smt.Sonia Bansal,Member

Present:

For the complainant:      In person.

For Ops:                          Sh.Sumeet Gupta,Advocate                

                                         ORDER

NEELAM GUPTA, MEMBER

1. The complainant had received a call from Op no.2 on 24^th January, 2015 to come alongwith his spouse at Hotel Patiala Retreat, Rajbaha Road, Patiala at 4.30PM on 25^th January,2015 and also allured the complainant that he shall get a complimentary holiday coupon at resorts in the sterling holidays destination for 2 nights/ 3 days valid for 6 months from the date of issue. On 25 January,2015, the complainant alongwith his wife Ritu Jaidka Puri reached the Hotel Retreat, where Mr.Ankur Sharma a representative of Op no.3, narrated the whole scheme. The complainant chose ‘white Season’ for which an amount of Rs.2,95,543/- was the total cost. The application form No.018010982 was filled up by the said representative and a carbon copy was handed over to the complainant. The complainant handed over an amount of Rs.27000/- in cash to the representative as down payment vide receipt  Sr.No.8808 dated 25.1.2015.The said representative was also handed over the cheques bearing No.312453 in the name of Ops as Ist Installment of Rs.12,767/- and a cancelled cheque No.312452 for the reason that the installment amount can automatically be transferred from his account. Mr.Ankur Sharma also told the complainant that within a week, a welcome call shall come from Op no.1 to verify the facts about the  genuineness of the package sold to the complainant.
2. It is further averred that after reaching home in the late evening the complainant found that in both the documents the location for the sale of holidays package was shown as Chandigarh. On the same night, the complainant called upon the said representative regarding the facts of location mentioned in the form and receipt and also showed him his unwillingness for becoming a member and also told him for the cancellation of the package and also requested him to return both the cheques and also to return the amount of Rs.27000/-.
3. On 29.1.2015, the complainant received  a welcome call but again the complainant refused to continue with the deal and demanded his money back. Thereafter, the complainant received back the two cheques given by him as an installment and a cancelled cheque.
4. It is further averred that the complainant was told that the amount of Rs.27000/- would be released by Op no.2 and accordingly the complainant called upon Op no.2 on their contact No.0172-3193800, where one Ms.Rupinder Sandhu showed her inability to find the registration number of the complainant.
5. On 17.4.2015, the complainant through e-mail dated 17.4.2015, served a legal notice upon Ops but to no use. This act of the Ops amounted to deficiency of service as well as unfair trade practice on the part of Ops. Ultimately the complainant approached this Forum under Section 12 of the Consumer Protection Act,1986 ( for short the Act) .
6. On notice, Ops appeared through counsel and filed their reply to the complaint. It is an admitted fact that the complainant got interested in the product of the Ops and paid Rs.27000/-in cash on 25^th January,2015 and also handed over two cheques bearing No.312453 in the name of Ops as Ist installment amount and a cancelled cheque No.312452 so that the EMI can automatically be paid for future installment, which shows that the complainant opted for membership willingly  and knowingly. On 29.1.2015, the complainant willingly accepted the Welcome call. After denying all other allegations made in the complaint it was prayed to dismiss the complaint on the ground that as the complainant made a breach of the terms of the contract and thereby he is not entitled to get the refund.
7. In support of his case, the complainant produced in evidence Ex.CA his sworn affidavit alongwith documents Exs.C1 to C9 and closed the evidence.
8. Whereas Ops tendered in evidence Ex.OPA, the sworn affidavit of Sh.Tushar Verma, Legal Manager of the Ops and closed the evidence.
9. Ex.C2 is the copy of proposed scheme explained by Ops to the complainant at Hotel Retreat Patiala. Ex.C4 is the post dated cheque issued by the complainant to Op as Ist installment, which was returned to the complainant by Ops after he requested them to cancel the package. Ex.C6 is the terms and conditions of the Holiday package. Exs.C7 &C8 are the e-mails sent by the complainant to Ops. In the present case, the complainant opted for the Holiday Package on 25.1.2015 and he got it cancelled first telephonically, thereafter through e-mail dated 9.2.2015 i.e. Ex.C8.Thereafter, the Ops returned two cheques given by the complainant to Ops. The only plea taken by Ops in the affidavit of the Legal Manager i.e. Ex.OPA is regarding jurisdiction. This Forum has the jurisdiction to try the case as the telephonic call was received by the complainant at Patiala, meeting was held between the complainant and the representative of Ops at ‘Hotel Retreat Patiala’ also the 2 cheques given by the complainant to Ops were of ‘Punjab & Sind Bank, Model Town, Patiala and the payment of Rs.27000/- was made by the complainant at Patiala. Regarding the refund of Rs.27000/- paid by the complainant, we have to refer to condition No.12 relating to ‘CANCELLATION OF THE SHVOP BY THE CUSTOMER AND REFUND NORMS’, which says,

“i.      Any request for Cancellation shall be valid only if made by the Primary Applicant in writing either by letter, email or fax and its receipt duly acknowledged by the Authorized representative of the company.

ii.      If the Receipt of Cancellation Request is written 10 from date of DP Realization

1.      100% of the monies paid by the customer will be refunded within  60 days from the date of Cancellation by the Company.

iii.     If the Receipt of Cancellation Request is between 11 to 60 days from date of DP Realization

1.      Cancellation fee will amount to 25% of the Admission Fee.The balance after deduction of the above Cancellation fee, if any, paid by the customer and Realized by the company will be refunded within 60 days from the date of Cancellation by the Company after deducting

a.       Cost of Holidays availed

b.      Cost of promotional offer/gifts issued

c.       RCI enrolment fee

d.      Any other expenses incurred by the company to service the customer”

In the present case, the complainant opted for the Holidays Package on 25.1.2015 and got it cancelled as per Ex.C8 on 9.2.2015 i.e. after 15 days. As per sub clause iii of Condition No.12 referred  above the complainant is entitled to refund of Rs.75% of  the admission fee i.e. after deducting 25% cancellation fee of the admission fee. As per the terms and conditions the ops were bound to refund 75% of the admission fee which they failed to refund and it amounted to deficiency of service as well as unfair trade practice on their part.

10. As an upshot of aforesaid discussion, we allow the complaint with a direction to Ops no.1&2 to refund an amount of Rs.20,250/-(i.e.27000-6750/-=20,250/-) 75% of admission fee to the complainant with interest @ 8% p.a. from the date of cancellation i.e. 9.2.2015 till realization. Ops no.1&2 are further directed to pay Rs.5000/- as compensation for the harassment undergone by the complainant alongwith Rs.3000/- as cost of litigation. Order be complied by Ops within a period of 45 days of the receipt of the certified copy of the order.

Pronounced

Dated:13.5.2016

                                         Sonia Bansal                Neelam Gupta                    

                                   Member                          Member