Haryana

Ambala

CC/287/2023

VANDANA SAHNI. - Complainant(s)

Versus

TAG VACATIONS CLUB . - Opp.Party(s)

NITESH SAHNI.

08 Oct 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	287 of 2023
Date of Institution	:	08.09.2023
Date of decision	:	08.10.2024.

1.       Vandana Sahni, aged about 54 years, w/o Shri Sanjay Sahni, R/o House No.14-C, Inderpuri, Ambala Cantt, District Ambala, Haryana-133001.

2.       Sanjay Sahni, aged about 56 years, son of Late Shri Madan Mohan Sahni, R/o House No.14-C, Inderpuri, Ambala Cantt., District Ambala, Haryana-     133001.

3.       Sachet Sahni, aged about 24 years, son of Sanjay Sahni, R/o House No.14-C,  Inderpuri, Ambala Cantt., District Ambala, Haryana-133001.

4.       Saket Sahni, aged about 22 years, son of Sanjay Sahni, R/o House No.14-C,   Inderpuri, Ambala Cantt., District Ambala, Haryana-133001.

          ……. Complainants

                                                Versus

1.       Tag Vacation Club through its Authorized Signatories, Tag Vacations India Limited having its address at 2^nd Floor, Office No.127, Tower-A, The          Corenthum,          Plot No.41, Sector-62 Noida, Uttar Pradesh-201309.

2.       Directors of Tag Vacations India Limited having its address at 2^nd Floor,  office No.127, Tower-A, The Corenthum, Plot No.41, Sector-62, Noida, Uttar Pradesh-201309.

3.       Globe Toyota Ambala having its address at V.P.O, NH-22, Opposite Spring  Field  School, Sadopur, Ambala, Haryana-134007.

4.       HDFC Bank Limited, having its address at HDFC House, HT Parekh Marg,165-166, Backbay Reclamation, Churchgarte, Mumbai- 400 020.

                                                                                   ….….  Opposite parties

Before:       Smt. Neena Sandhu, President.

                     Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:      Shri Nitesh K.Sawhney, Advocate, counsel for the complainants.

                    Shri Dev Kumar, Authorized Representative for OPs No.1 and 2.

                   OPs No.3 and 4 given up, by the complainant.

                  

 Order:        Smt. Neena Sandhu, President.

                   Complainants have filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) and prayed as under:- 

1.  To direct the OPs No.1 and 2, to refund the membership amount of Rs.95000/- alongwith interest @18% p.a. from the date of its purchase;
2. To direct the OPs No.1 and 2, to refund the amount of Rs.18,826/- for the unjust interest being paid by the complainants from the date of purchase of membership;
3. To direct the OPs No.1 and 2, to pay Rs.50,000/-, as compensation for the mental agony and physical harassment suffered by the complainant. 
4. To direct the OP No.3, to pay Rs.25,000/-, for the trouble faced by the complainants due to data sharing.
5. To direct the OP No.4, to refund the finance charges as levied on the complainants alongwith interest @18% p.a, till date and pay additional expenses to the tune of Rs. 11,000/-, for the mentally harassing complainants No.3 and 4 .
6. To direct the OPs, to pay Rs. 50,000/- as litigation expenses. 
7. Grant any other relief, which this Hon'ble Commission may deems fit.

 

2.             Brief facts of the case are that the complainant no.1 is a simple homemaker and the complainant no.2 is a self-employed individual providing accounting services and all four complainants are permanent residents at 14-C, Inder Puri, Ambala Cantt, Haryana-133001. The opposite party no. 1 is a company engaged into the business of tour and travels and running this business under the name of Tag Vacation Club, having its address at 2^nd floor, Office No. 127, Tower-A, The Corenthum, Plot No-41, Sector-62, Noida, Uttar Pradesh-201309. On 23.11.2022, one of the representatives of opposite party no. 1, Mr. Rahul Sharma (9599151411) contacted the complainant no.2 vide a phone call and Mr. Rahul Sharma informed that complainants have won two vouchers that are, (1) a 2 nights & 3 days domestic holiday stay voucher and (2) Rs.10000 to 15000 VLCC unisex salon voucher valid for 6 months. Upon asking the representative of opposite party no. 1, Mr. Rahul Sharma, as to how they got the details of the complainants, he informed that their details were taken from the records of opposite party no. 3 i.e. Globe Toyota Ambala, having its address at V.P.O, NH-22, Opp. Spring Field School, Sadopur, Ambala, Haryana 134007.The representative of opposite party no. 1, Mr. Rahul Sharma extended the complainants an invitation for collecting the aforementioned vouchers on 23.11.2022 at Hotel Mohan Tulip (Olive-The Roof Top Lounge) Olive Restaurant, # 1, Jain Nagar, Prem Nagar, Ambala, Haryana 134003. The complainants upon reaching the aforementioned address, met other representatives of opposite party no. 1 i.e. Mr. Akshay Gupta (8305666132) and Ms. Tejaswini Sharma (9818584105). They hounded the complainant no. 1 and created extreme pressure on her to buy the 10 years Gold membership of opposite party no. 1, priced at Rs.1,64,000/-. The OPs with their Malicious intentions and through their dishonest means sold the membership to the complainants by portraying a completely different picture of the membership. The membership ID of the complainant is 25235. On the asking of the OPs, complainants paid an amount of Rs.95000/- through two HDFC Bank Credit Cards of the complainants No.3 and 4, accounting for a payment of Rs.50000/-and 45000/- respectively on 23.11.2022.
3.           Mr. Akshay Gupta and Ms. Tejaswini Sharma made false claims regarding the refund policy and assured the complainants time and again for the total refund of the membership fee upon the request of the complainants by stating that it is a company policy. They also assured that membership can be cancelled at any point of time and complete refund will be provided in case, the complaints do not use their services. On 24.11.2022, the complainant no. 2 contacted the representative of the OP No.1 Ms. Tejaswini Sharma via WhatsApp Messenger and phone call regarding the cancellation of membership due to financial emergency within a time span of 12-15 hours from purchase of membership. Ms. Tejaswini Sharma contacted the complainant no. 2 vide a phone call and requested for a few days time to process the refund request. On 26.11.2024, the complainants again contacted her vide a phone call and she repeatedly assured the complainant about the refund and mentioned about a procedure to avail refund and that she will enroll the complainants and proceed towards the generation of refund. After that Ms. Tejaswini Sharma stopped responding to the calls, messages and in fact, the mails of the complainants were not acknowledged by the opposite party no. 1. Complainants did not avail the services of the OP No.1 for even a single rupee despite that the OPs caused them mental and emotional stress. The complainants, despite being in a miserable state of mind, sent multiple emails to opposite party no. 1 at info@tagvacationclub.com mentioning all the details of their suffering and the entire communication with representative of OP No.1 Ms. Tejaswini Sharma, regarding the cancellation of membership and requested for complete refund. On 09.12.2022, the complainant no. 3 again contacted the customer care cell of OP No. 1 at 7400080008 and explained the entire communication regarding the cancellation of membership and refund generation to the manager of OP No. 1, Ms. Lalitha. The manager of OP No. 1 assured the complainants that they would resolve this issue but no communication was established with the complainants thereafter. On 13.12.2022, the complainant no.3 contacted the representative of OP No.1, Ms. Tejaswini Sharma regarding the refund status. Ms. Tejaswini Sharma refuted the complainants claims and mentioned that the refund request has been rejected by OP No. 1. Upon asking the reason for rejection, she gave no ground for rejection of the complainant’s request and rather abused the complainants and their family. The complainant No. 1 is a patient of high blood pressure and complainant No. 2 is a heart patient and such indecent behavior of OP No. 1 and its representatives has resulted in severe medical issues to the complainant Nos. 1 and 2. On 19.12.2022, the complainant no. 3 sent another reminder email to the OP No.1, hoping to receive a response from their end but to no avail.  On 22.12.2022, the complainant No.3 received an email from OP No.1, stating that the membership is non-cancellable and non-refundable. The representatives of OP No.1, Ms. Lalitha and Ms. Tejaswini Sharma repeatedly abused the complainants and threatened them with dire consequences that no money will be refunded to them and no solution will be provided. The complainants pleaded before the OP No. 1 and its representatives that they had not availed any services from OP No.1 and that the complainants required that money and explained their distressing situation, but they paid no heed to their requests. The complainants sent multiple emails and calls to the customer care cell of the OP No. 1 but no response was received from their end. The complainant No. 3 and 4 had raised a complaint with OP No.4 regarding the present subject matter. However, the OP No. 4 did not entertain their complaint and took no strict action. The OP No.4 through its customer care representatives threatened and abused complainant no.3 and 4 to pay the EMI amount. On 24.01.2023, the complainant No. 3 visited the OP No. 1 and discussed the entire matter with representative of OP No. 1, Ms. Lalitha and she gave an assurance of refunding the entire amount and agreed with all the claims of the complainants. On 15.02.2023, complainant No. 3 received an email from the OP No. 1 stating that the membership has been relegated from 10 years to 5 years and no further amount shall be charged, but the said offer made by the OP No.1 is unreasonable.  That at the time of payment for membership, the OP No.1 through its representatives Mr. Akshay Gupta and Ms. Tejaswini Sharma assured the complainants of a No Cost EMI plan for 24 months, but when the complainants received the statement of both credit cards in the following months of December 2022, they were shocked to note that an interest @ 15% was levied on the credit card on an amount of Rs.50000 and 20% was levied on the credit card on an amount of Rs.45000. The complainants are still paying the bills of the credit card every month despite lack of funds and weak financial condition. Complainants served a legal notice dated 06.07.2023, upon the OPs, but they did not reply the same. However, on 10.08.2023, the complainant no.2 received an email from the OP No.1 stating that a refund of only Rs.57000 could be provided and deducted Rs.38000 in the name of cancellation and administrative charges. The offer made by the OP No.1 is completely unjust and unreasonable. By not refunding the entire amount of membership fee, the OPs have not only committed deficiency in service but have indulged into unfair trade practice. Hence this complaint.
4. Upon notice, OPs No.1 and 2 appeared and filed written version and raised preliminary objections to the effect that not come with hands and suppressed the material facts, maintainability and no locus standi etc. On merits, it has been stated that complainants had read and understand all terms and conditions of the membership agreement at the time of signing the agreement and complaints signed the same after reading and discussing with their family members about the all terms and conditions. OP is ready to provide services to the complainants as per terms and conditions of membership agreement but it is complainant who wants to take benefits beyond the terms and conditions of the membership, however the membership is non-refundable and terms and conditions are binding upon both the parties. It is further stated that it is clearly mentioned in the membership agreement about the AMC and complainant had himself admitted in his complaint about the knowledge of AMC but she has concocting a false story for escaping herself from the legal liability of AMC. Complainants were well aware about the cancellation policy of the membership as it was explained to the complainants which can only be cancelled within 10 days of the signing of the agreement due to valid reason as per the terms and conditions of membership agreement and the same was signed by complainants after reading the same. It is pertinent to mention here that the complainants wants to escape herself from fulfilling the terms and conditions mentioned in membership agreement by hatching conspiracy of leveling false allegations upon the OPs. It is further stated that none of the representatives of the OP No.1 has allured the complainants to take the membership but they complainant took the membership without any pressure from any corner. The complainants and her family members gone through the membership agreement and discussed with each other and after being fully satisfied signed the necessary documents for taking membership and paid on 23.11.2022, the total amount of Rs.95,000/- (Rs.50,000/- and Rs.45,000/-) through two HDFC Bank Credit Cards. Complainant No.1 has already acknowledged that the membership is non-refundable and the terms and conditions mentioned in membership agreement is binding upon the parties. Complainants have full knowledge that her claim is non-sustainable in the eyes of law that is why she is labeling false allegations upon the OPs for creating pressure to get illegal gains. Rest of the averments of the complainants were denied by the OPs No.1 and 2 and prayed for dismissal of the present complaint with heavy costs.

5.                 OPs No.3 and 4 were given up by the complainants, which was accepted by this Commission on 12.09.2023. 

6.                 Learned counsel for the complainants tendered affidavit of the complainants as Annexure CW1/A to CW1/D alongwith documents as Annexure C-1 to C-37 and closed the evidence on behalf of complainants. On the other hand, authorized representative for the OPs No.1 and 2 tendered affidavit of Dev Kumar, son of Muni Dev Resident of Village and Post Kuremeerpur, Moradabad, Uttar Pardesh, aged about 28 years presently at Delhi as Annexure OP1/A and closed the evidence of the OPs No.1 and 2.

7.                 We have heard the learned counsel for the complainants and Authorized Representative for the OPs No.1 and 2 and have also carefully gone through the case file.

8.                 Learned counsel for the complainants submitted that by selling the membership to the complainants on false assurances, especially, regarding refund policy,  OPs No.1 and 2 have indulged into deficiency in providing service, negligence and also adopted unfair trade practice. He further submitted that at one point of time, though the OPs No.1 and 2 were ready to refund the amount but they offered refund of amount after deducting huge amount of Rs.38,000/-, which is illegal and unfair, especially, when no services were availed of, by the complainants in respect of any vacation, under the said membership.

9. On the contrary, the Authorized Representative of the OPs No.1 and 2 submitted that though as per terms and conditions of the membership agreement, the complainants failed to avail the refund option within a period of 10 days from the date of availing membership, yet, as a goodwill gesture, they were offered refund of amount paid, after deducting the cancellation and administrative charges, yet, they refused to take the same and therefore, now the OPs cannot be held responsible in the matter.  

   10.               It may be stated here that it is coming out from the contents of email dated 10.08.2023, Annexure C-20, that the OPs No.1 and 2 had offered refund of amount of Rs.57,000/- out of the deposited amount of Rs.95,000/-, which the complainants deposited on 23.11.2022 i.e Rs.45,000/- + Rs.50,000/-, through two HDFC Bank Credit Cards, as is evident from Annexure C-3 and C-4,  therefore the question which needs to be decided by this Commission is whether the complainants are entitled to get any amount over and above Rs.57,000/-.

   11.               It may be stated here that the OPs No.1 and 2 have failed to justify their stand of deducting the amount of Rs.38000/- out of Rs.95000/- paid by the complainants. On the other hand, if we go through condition no.6 (Part C General Condition) of the application, Annexure C-37 qua the said membership, it is clearly coming out that in case of cancellation of the membership, the OPs No.1 and 2 are entitled to deduct Rs.15000/- as administrative fee and any other cost of any night availed by the customer, as under:
11. 6. TERMINATION

 

6.1.In the event of termination/cancellation of TVCHP, the following shall apply Rescission Period Termination / Cancellation:

 

Withdrawal of application for TVCHP shall be permitted within the Recession period which is 10 days from the date of realization of payment Provided such request for withdrawal is made in writing and signed by both the applicant's in case of joint Holiday Package and reaches TVIL with in 10 days from the date of application. In the event of such withdrawal TVIL shall refund the amount after deducting the administrative fees of Rs.15000/- and applicable taxes and cost of any night if used by the Customer, but without any interest and the balance shall be refund within 90 days from the date of cancellation request…”

 

12. Admittedly, in the present case, the complainants have not availed any vacation under the said membership. At the same time, the OPs No.1 and 2 themselves have offered to refund the amount of Rs.57,000/-. Thus, under these circumstances, we are of the considered view that the OPs No.1 and 2 could have deducted only an amount of Rs.15000/- out of Rs.95,000/-. By not offering such deduction and on the other hand, levying deduction of Rs.38000/-, the OPs No.1 and 2 have committed deficiency in providing service. The complainants are therefore held entitled to an amount of Rs.80000/- out of Rs.95000/-.

13. As far as other charges and interest paid by the complainants on the usage of credits cards etc. obtained from OPs No.1 and 2, they are bound to pay the same against the respective usages and are not entitled to get the same, as they have failed to prove any deficiency on the part of OPs No.1 and 2 in that regard. 
14. The present complaint filed by the complainants against OPs No.3 and 4 are liable to be dismissed, being given up.   
15. In view of the aforesaid discussion, we hereby dismiss the present complaint against OPs No.3 and 4 being given up and partly allow the same against OPs No.1 and 2 and direct them, in the following manner:- 
15. 1. To refund the amount of Rs.80,000/- to the complainants alongwith interest @6% p.a. from the date of receipt of the amount i.e 23.11.2022, till its realization.
    2. To pay Rs.5,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.
    3. To pay Rs.3,000/-, as litigation expenses.  

                     The OPs No.1 and 2 are further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OPs No.1 and 2 shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

 Announced:- 08.10.2024

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President