Punjab

Sangrur

CC/316/2020

Baldev Ahuja - Complainant(s)

Versus

The Incharge Forb Club Pvt. Ltd. - Opp.Party(s)

Sh. S.S.Ratol

06 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

                                                                        Complaint No. 316

 Instituted on:   30.09.2020

                                                                        Decided on:     06.02.2024

 

Baldev Ahuja son of Sh. Mohan Lal R/O St.No.6, Kishan Bagh, Outside Nabha Gate, Sangrur.

                                                          …. Complainant.     

                                                 Versus

1.     The Incharge, Forb Club Private Limited, 2^nd Floor, Plot No.738, JLPL, Industrial Estate Sector 82, Mohali.

2^nd address:

The Incharge,  Forb Club Private Limited, SCO 116, Sector 47-C, Chandigarh.

2.     Sh. Sunny Kumar, Branch Manager, HDFC Bank, Branch Gaushala Road, Sangrur.

             ….Opposite parties 

For the complainant:                   : Shri S.S.Ratol, Adv.              

For the  OPs                                : Exparte.

 

Quorum                                          

Jot Naranjan Singh Gill, President

Sarita Garg, Member

Kanwaljeet Singh, Member

 

ORDER

SARITA GARG, MEMBER.   

  

1.             Complainant has filed this complaint against opposite parties pleading that on 23.9.2019 on the allurement of representatives of the OP number 1, namely, Shri Vinay Chugh and Shahrukh took membership for a sum of Rs.2,85,000/- vide application number 601108 for the period of ten years and paid an amount of Rs.57,000/- through his HDFC Credit card at Hotel K.T. Royal Sangrur. It is further averred that the remaining amount of Rs.2,28,000/- was to be paid in 24 monthly instalments of Rs.9500/- each and the complainant paid five instalments of Rs.9500/- each meaning thereby the complainant paid a total amount of Rs.1,04,500/- to the OP number 1.  OP number 1 had given holidays plan trip for ten years to complainant i.e.  one Asia fully paid holiday for 5/6D, 04 years stay in India for 5N/6D, 03 years stay Asia for 5N/6D and 02 years stay worldwide for 5N/6D, besides one fully paid holiday in Dubai for 02 adults and 03 nights in Goa for two adults and two children after 30% payment of Rs.2,85,000/-. It is further averred that the complainant was apprised that he alongwith his family was entitled to stay in any of 03/04 star properties of his choice while availing the above said benefit.  Further it is averred that as per the request of complainant one room was got booked by OP number 1 in Sterling Resort, Mussorie for 29.11.2019 (check in) and 1.12.2019 (check out) as per the instructions of OP number 1 and an amount of Rs.2000/-  was also deposited, but to the utter surprise of complainant, despite extra payment of Rs.2000/- three nights of Goa were squared off even without informing the complainant.  Further case of complainant is that the complainant alongwith his wife  and minor son had to visit Mussorie on 18.3.2020 to take his daughter back and requested to book the Hotel Savoy for the period from 18.3.2020 to 20.3.2020 and mail in this respect was sent on 1.3.2020 but in response to the same OP number 1 replied through mail on 3.3.2020 thereby requesting complainant to take another room for 4^th member on paid basis or can utilize four nights for the same out of five nights given by them on annual basis, as such the complainant requested OPs to arrange a meeting, but nothing was done.  Further it is averred that the sole intention of OP number 1 is to befool complainant after taking such a huge amount of Rs.1,04,500/-.   It is further averred that so far as OP number 2 is concerned, the complainant had availed a membership from OP number 1 and an amount of Rs.9500/- was being remitted to OP number 1 through the saving bank account of complainant maintained with OP number 2 vide account number 50100193731044. Further on 12.3.2020 complainant visited OP number 2 and submitted a written request for discontinuation of standing instructions whereby an amount of Rs.9500/- was being remitted every month from the account of complainant to OP number 1 but despite that an amount of Rs.9500/- was remitted to the account of OP number 1 on 6.4.2020.

2.             Further case of complainant is that though the complainant got served a legal notice on 4.6.2020 upon the OPs, but the OP number 1 did not receive the notice intentionally and it was received back with the report of door locked and thereafter the complainant got served the notice through email. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to refund the amount of Rs.1,04,500/- and further to pay Rs.55,000/- as compensation on account of mental agony, tension and harassment and litigation expenses.

3.             Record shows that  the OPs number 1 and 2 were proceeded against exparte 14.12.2021.

4.             The learned counsel for the complainant has produced in his evidence Ex.C-1 to Ex.C-28 affidavit and various copies of documents and closed evidence.

5.             The learned counsel for the complainant has argued vehemently that the complainant is a consumer of the OP number 1 by paying a total amount of Rs.1,04,500/-  to the OP number 1 on various dates as he had taken membership of the OP number 1 on 23.9.2019. It is further contended by the learned counsel for OP number 1 that OP number 1 had given holidays plan trip for ten years to complainant i.e.  one Asia fully paid holiday for 5/6D, 04 years stay in India for 5N/6D, 03 years stay Asia for 5N/6D and 02 years stay worldwide for 5N/6D, besides one fully paid holiday in Dubai for 02 adults and 03 nights in Goa for two adults and two children after 30% payment of Rs.2,85,000/-.  Further the learned counsel for the complainant has contended that he alongwith his family was entitled to stay in any of 03/04 star properties of his choice while availing the above said benefit.  Further it is contended that as per the request of complainant one room was got booked by OP number 1 in Sterling Resort, Mussorie for 29.11.2019 (check in) and 1.12.2019 (check out) as per the instructions of OP number 1 and an amount of Rs.2000/-  was also deposited, but to the utter surprise of complainant, despite extra payment of Rs.2000/- three nights of Goa were squared off even without informing the complainant.  Further the learned counsel has contended that the complainant alongwith his wife  and minor son had to visit Mussorie on 18.3.2020 to take his daughter back and requested to book the Hotel Savoy for the period from 18.3.2020 to 20.3.2020 and mail in this respect was sent on 1.3.2020 but in response to the same OP number 1 replied through mail on 3.3.2020 thereby requesting complainant to take another room for 4^th member on paid basis or can utilize four nights for the same out of five nights given by them on annual basis, as such the complainant requested OPs to arrange a meeting, but nothing was done.  Further it is contended that the sole intention of OP number 1 is to befool complainant after taking such a huge amount of Rs.1,04,500/-.   It is further contended that so far as OP number 2 is concerned, the complainant had availed a membership from OP number 1 and an amount of Rs.9500/- was being remitted to OP number 1 through the saving bank account of complainant maintained with OP number 2 vide account number 50100193731044. Further on 12.3.2020 complainant visited OP number 2 and submitted a written request for discontinuation of standing instructions whereby an amount of Rs.9500/- was being remitted every month from the account of complainant to OP number 1 but despite that an amount of Rs.9500/- was remitted to the account of OP number 1 on 6.4.2020. To support the case, the complainant has produced on record copy of membership form Ex.C-2 and copy of email is Ex.C-3 which clearly reveals that the OP number 1 received an amount of Rs.57000/- from the complainant. Ex.C-5 is the copy of bank statement which clearly shows that the complainant paid an amount of Rs.9500/- each for five times. Ex.C-6 to Ex.C-16 are the copies of various emails exchanged between the complainant and OP number 1. Ex.C-17 is the copy of legal notice dated 4.6.2020 served upon the OP number 1 and Ex.C-18 and Ex.C-19 are the postal receipts. Again Ex.C-22 to Ex.C-27 are the copies of emails. Further record shows that whole of the evidence remains unrebutted, as the OPs chose to remain exparte.  Since the last instalment i.e. 5^th instalment of Rs.9500/- has also been deposited in the account of the complainant, as such, we find that it will be fair and proper to direct the OP number 1 to refund to the complainant total amount of Rs.1,04,500/- which includes fifth instalment of Rs.9500/-. Further  we find that the OP number 1 is not only deficient in service but has also has indulged in unfair trade practice.  We find that the complaint of the complainant seems fully proved by producing sufficient evidence on record.

6.             In view of our above discussion, we allow the complaint and direct OP number 1 to refund/pay to the complainant an amount of Rs.1,04,500/- alongwith interest @ 7% per annum from the date of deposit till realization. We further direct OP number 1 to pay to the complainant an amount of Rs.5,000/- as compensation for mental tension, agony and harassment and an amount of Rs.5000/- as  litigation expenses. 

7.             The complaint could not be decided within the statutory time period due to heavy pendency of cases.

8.             This order of ours be complied with within a period of sixty days of its communication. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

Pronounced.

                        February 6, 2024.