DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 161 of 20.4.2016
Decided on: 03.11.2016
Dr.Vijay Paul, aged about years, resident of Kothi No.796, Urban Estate, Phase-1.
…………...Complainant
Versus
The Manager, Mountain Club Resorts India Pvt. Ltd., Corporate Office: Unit No.407 & 408, 4th Floor, Govardhan Building, 53-54, Nehru Place, New Delhi. 110019.
…………Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh. Avinash Kumar,Advocate, counsel for the
complainant.
Opposite Party ex-parte.
ORDER
SMT. NEENA SANDHU, PRESIDENT
Dr.Vijay Paul has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Party (hereinafter referred to as the O.P.) praying for the following reliefs:-
- To pay the amount paid by him
- To pay Rs.50,000/- as compensation for illegal and undue harassment suffered by him
- To pay Rs.5,000/- as costs of the complaint
2. In brief, the case of the complainant is that the agent of the O.P. approached and allured him to become the member of Mountain Club Resorts India Pvt. Limited for which he agreed and deposited Rs.75,000/- through card and Rs.35,000/- in cash and also issued cheque bearing No.287369 dated 4.9.2016 of his account maintained with State Bank of Patiala, Branch at Urban Estate, Patiala. After enquiry, he came to know that there is no benefit to become member of the O.P.. He requested the O.P. to cancel his membership and to refund the entire amount received from him. He also requested the O.P. that since he is not interested to become a member, so the cheque issued by him may not be presented for encashment and the same may also be returned to him. Inspite of his request, the O.P. got the cheque encahsed. He discussed the matter with the O.P. on various dates but all in vain and the amount deposited by him was not refunded by the O.P. He also got the O.P. served with the legal notice dated 22.12.2015 through his counsel Sh. Rajdeep Sahota, Advocate, which has duly been received by the O.P but it did not bother to response. Thus there is deficiency of service on the part of the O.P. for which he has suffered from mental agony and physical harassment.
3. On being put to notice, the O.P. failed to come present and to contest the case. It was thus proceeded against ex-parte.
4. In support of his case, the complainant tendered in evidenced Ex.CA his sworn affidavit alongwith documents Exs.C1 to C4 and closed the evidence.
5. We have heard the learned counsel for the complainant and have also gone through the record of the case, carefully.
6. The ld. Counsel for the complainant submitted the complainant has taken membership from the O.P.by paying the membership fee. Thereafter, he came to know that there is no benefit to become a member and he requested the O.P. for cancellation of the membership and for refund of the amount paid by him. But the O.P. paid no heed to his request. Therefore, it be directed not only to refund the amount but also to pay compensation for the mental agony and physical harassment suffered by him alongwith litigation charges.
7. Since none has appeared to controvert the averment made by the complainant, therefore, we have no reason to disbelieve the contention of the complainant.
8. From the perusal of copy of receipt dated 4.9.2015,Ex.C1, issued by Mountain Club Resorts India Pvt. Ltd., in favour of the complainant, it is apparent that the O.P. received a sum of Rs.1,25,000/- from the complainant to give him membership of Mountain Club Resorts Maintenance/ Apartment Type Studio for 30 years. This fact that the complainant had paid a sum of Rs.1,25,000/- as membership fee to the O.P. is also got fortified from the copy of Mountain Club Time Share Purchase Agreement,Ex.C2. In term No.17 i.e. Exit Option, of Terms and Conditions and Purchaser(s) Declaration (30 Years),Ex.C3, which reads as under:
“................In the event of purchaser giving the notice within seven days the deposit money will be refunded back after deducting administration fee of Rs.15,000/- ( within 90 days)”
From the perusal of e-mails dated 11.9.2015 and 18.9.2015, annexed alongwith copy of terms and conditions, Ex.C3, it is apparent that complainant had earlier made a request for cancellation of the membership and for refund of the amount paid by him. From the said e-mails, it is also clear that he has made the request for the cancellation of the membership and for refund of the amount paid by him within seven days from the date of deposit i.e. 4.9.2015 . Therefore, as per term No.17 referred above, the OP was liable to refund the amount after deducting Rs.15000/- as administration fee, within 90 days but the O.P. did not do so. Thus the said act of the O.P. amounts to deficiency in service. Therefore, it is not only liable to refund the due membership fee but also liable to pay compensation on account of mental agony and physical harassment suffered by the complainant alongwith litigation expenses.
In view of the aforesaid discussion, we allow the complaint and direct the O.P. in the following manner:
- To refund Rs.1,10,000/- ( i.e. Rs.1,25,000/- minus Rs.15,000/-)
- To pay Rs.10,000/- as compensation
- To pay Rs.5,000/- as litigation charges.
The O.P. is further directed to comply the order within a period of 45 days from the date of the receipt of the certified copy of this order. The certified copies of this order be sent to the parties free of cost under the rules. Thereafter, the file be indexed and consigned to the record room.
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
DATED:03.11.2016
