Punjab

Patiala

CC/15/95

Pardeep Singh - Complainant(s)

Versus

Strling Holidays resorts - Opp.Party(s)

Complainant in Person

23 Jul 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

 

                                      Complaint No.CC/95/15 of 11.5.2015

                                      Decided on:        23.7.2015

 

Pardeep Singh s/o Sh.Sant Ram r/o Aman Vihar, Bhadson Road,Patiala.

         

 

                                                                   …………...Complainant

                                      Versus

1.      Sterling Holidays Resorts(India)Ltd. through Nancy Sugnia (Team Member Relations) S.C.F. No.63-64, 1^st Floor, Phase 10,Mohali-160062.

2.      Managing Director Sterling Holidays Resorts(India) Ltd., City Tower, 3^rd Floor, Floor No.7, 3^rd  cross street, Kasturba Nagar,__   Chenai 600020.

                                                                   …………….Ops

 

                                      Complaint under Section 12 of the

                                      Consumer Protection Act.

 

                                      QUORUM

                                     

                                      Smt.Neelam Gupta, Member

                                      Smt.Sonia Bansal,Member

                                     

                                                                            

Present:

For the complainant:   Sh.Pardeep Singh, in person.

For Ops:                       Ex-parte.           

                                     

                                         ORDER

NEELAM GUPTA,MEMBER

1. The complainant purchased one  package, ‘Vocation Ownership plan’ of ‘Sterling Holidays Resorts’  on 17.2.2015 for an amount of Rs.2,95,453 and he paid its first installment of Rs.18043/- through his PNB Debit Card. As per this package, the complainant was to get 7 days tour through out India to different places once a year alongwith his family ( four members) for 25 years. It is averred that the very next day after purchasing the package, due to some personal reason, the complainant changed his mind and he sent an SMS to Mr.Tarun Sood      ( an agent of the company) on 18.2.2015 stating that he does not want to purchase this package and he wanted the same to be cancelled. But the complainant did not get any response from Mr.Tarun Sood. Then he sent an e-mail to the company at the following e-mail address i.e. feed back@sterling holidays.com that he wants to get the package cancelled. In response to the said e-mail sent by the complainant, the company sent a reply on 27.2.2015, asking the complainant to provide his service location so that its representative could get in touch with the complainant. On the same very day, the complainant sent his house address through e-mail though the said address was also mentioned on the application form.
2. It is further averred that as per the terms and conditions of the package, the complainant can cancel the agreement within 10 days if he does not like it. When the company came to know that the complainant wanted to get the package cancelled, it intentionally got the package confirmed by making a call to some other mobile phone though the complainant’s mobile phone was mentioned in the application form and sent the plan at the address of the complainant. The complainant made a telephonic all on company’s phone no.33997777 but to no use.The complainant underwent a lot of harassment and mental tension at the hands of the Op. At last  he approached this Forum under Section 12 of the Consumer Protection Act,1986 ( for short the Act) .
3. On notice Op failed to appear despite service and was thus proceeded against exparte.
4. In support of his case, the complainant produced in evidence Ex.CA his sworn affidavit alongwith the documents Exs.C1 to C4 and closed the evidence.
5. Ex.C1 is the copy of the e-mail sent by the complainant to the Op on 25.2.2015 and 27.2.2015 for the cancellation of the package as well as the reply sent by the Op to the complainant. Ex.C2 is the copy of the application form filled in by the complainant on 17.2.2015.Ex.C3 is the ‘Vocation Ownership Plan Certificate’ sent by the Op to the complainant on 24.3.2015.Ex.C4 is the copy of the telephone bill of the complainant to prove the telephonic calls made by the complainant to the company.
6. Condition No.12 of the terms and conditions i.e. Ex.C3, deals with cancellation by the customer:

1. Any request for cancellation shall be valid only if made by the primary applicant in the writing either by letter, e-mail or fax and its receipt duly acknowledged by the authorized rep. of the company.
2. If the receipt of the cancellation request is written 10 days from date of D.P.realization.
3. 100% of monies paid by the customer  will be refunded  within 60 days from the date of cancellation by the company.

7. In the present case, the complainant opted for the caqncellation of the package within 10 days and as per condition no.12 of the terms and conditions which deal with cancellation of the agreement, Op was liable to refund the amount of Rs.18043/- deposited by the complainant within 60 days which it failed to do and it amounted to deficiency of service on its part.Today, during the course of arguments, the complainant stated that on 15.7.2015, an amount of Rs.18043/- was credited into his account by the Op. This amount was received by the complainant after filing of the case in the Consumer Forum and as such the complainant deserves to be reasonably compensated for  the delay in making the refund of the amount deposited by him as well as  for the harassment undergone by him.
8. In view of the aforesaid discussion, we accept the complaint with a direction to the Op to pay interest @9% on the amount deposited by the by the Op from the date of cancellation of the agreement i.e.25.2.2015 till its realization on 15.7.2015 which comes out to Rs.630/- alongwith an amount of Rs.4000/- as compensation for the harassment undergone by the complainant which is inclusive of the cost of litigation. Order be complied by the Op within a period of one month on receipt of the certified copy of the order.

Pronounced

Dated: 23.7.2015

 

                                         Sonia Bansal                 Neelam Gupta                    

                                  Member                      Member