Haryana

Karnal

CC/59/2019

Yashpal Kapoor - Complainant(s)

Versus

The Manager, The Holidays Club - Opp.Party(s)

Sameep R. Bathla

04 Mar 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No. 59 of 2019

                                                          Date of instt.04.02.2019

                                                          Date of Decision 04.03.2020

 

Yashpal Kapoor son of Shri Ram Gopal resident of House no.211/A, Sector-6, Urban Estate Karnal (Haryana), age 68 years. Mobile no.9466094334.

 

                                                …….Complainant.

                                        Versus

 

1. The Manager, The Holidays Club, (A unit of Club Holidays & Resort OPC Pvt. Ltd.) Ansal Plaza Mall, (FF-SR 03) Vaishali, Ghaziabad (UO)-201012.

2. The Holidays Club, (A unit of Club Holidays & Resort OPC Pvt. Ltd.) Ansal Plaza Mall, (FF-SR 03) Vaishali, Ghaziabad (UP)-201012 through its Manager.

 

                                                                         …..Opposite Parties.

 

           Complaint u/s 12 of the Consumer Protection Act. 

 

Before    Sh. Jaswant Singh……President. 

      Sh.Vineet Kaushik ………..Member

                Dr. Rekha Chaudhary…….Member

 

 Present:  Shri Sameep R. Bathla Advocate for complainant.

                   Opposite parties exparte.

 

                   (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant got received a call from representative of OPs on 10.03.2018 and he told complainant that he has won a free holiday voucher from OPs. He invited complainant to collect the free voucher on 10.03.2018 from Hotel Deventure, Karnal. On 10.03.2018 complainant alongwith his family members went to Hotel Deventure, Karnal and complainant met the officials of OPs, they persuaded complainant to become the member of their club but complainant flatly refused and told that they are here to collect the free holiday voucher and they do not want to become member of your club. Thereafter, officials of the OPs gave many lucrative offer to complainant and mis-represented complainant regarding the membership of their club. They made many false promises for five years membership of their club and said that complainant has to pay Rs.70000/- and they will provide complainant and his family free holidays vouchers for 6 nights and 7 days every year with five star like accommodation. They forced complainant to make payment of Rs.22000/- by swapping the ATM card under their undue influence. They also took many signatures on the blank papers of complainant and told complainant to pay the remaining amount of Rs.48000/- within two months. They also assured complainant that in case complainant changed his mind and wants to revoke the membership in that case all the money will be refunded and no deduction will be made from that money. Complainant received kit in which agreement and other documents were there and name of the scheme is mentioned as Blue Studio Five Years plan. Thereafter, complainant wants to go Jaipur and for that purpose the complainant contacted the OPs to provide room in that scheme but OPs tried to postpone the matter on one pretext or the other and did not give any satisfactory reply. Thereafter, complainant contacted the OPs and told that he is not interested to join membership of their club and as promised by him and he wants the money back. OPs promised that after one week the money has been directly transferred from head office and he will get the money refunded but OPs did not do so. Then complainant sent many e-emails as well as make telephone calls but OPs did not pay any heed to the genuine request of the complainant and lastly refused to refund the money and misbehaved with the complainant. In this way there was deficiency in service on the part of the OPs. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OPs, who did not appear and proceeded against exparte, vide order dated 30.08.2019.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A an d documents Ex.C1 to Ex.C7 and closed the evidence on 02.03.2020.

4.             We have heard the learned counsel of the complainant and have gone through the record available on the file carefully.

5.             The case of the complainant is that he got received a call from representative of OPs on 10.03.2018 and he told complainant that he has won a free holiday voucher from OPs. He invited complainant to collect the free voucher on 10.03.2018 from Hotel Deventure, Karnal. On 10.03.2018 complainant alongwith his family members went to Hotel Deventure, Karnal and complainant met the officials of OPs, they persuaded complainant to become the member of their club but complainant flatly refused. Thereafter, officials of the OPs gave many lucrative offer to complainant and mis-represented complainant regarding the membership of their club. They made many false promises for five years membership of their club and said that complainant has to pay Rs.70000/- and they will provide complainant and his family free holidays vouchers for 6 nights and 7 days every year with five star like accommodation. They forced complainant to make payment of Rs.22000/- by swapping the ATM card under their undue influence. They also took many signatures on the blank papers of complainant and told complainant to pay the remaining amount of Rs.48000/- within two months. They also assured complainant that in case complainant changed his mind and wants to revoke the membership in that case all the money will be refunded and no deduction will be made from that money. Thereafter, complainant wants to go Jaipur and for that purpose the complainant contacted the OPs to provide room in that scheme but OPs tried to postpone the matter on one pretext or the other and did not give any satisfactory reply. Thereafter, complainant contacted the OPs and told that he is not interested to join membership of their club and as promised by him and he wants the money back but OPs did not give any satisfactory reply inspite of repeated telephonic calls and e-mails and OPs lastly refused to refund the money. To prove his case complainant placed on record his affidavit Ex.CW1/A and documents i.e. cancellation of membership email record dated 6.7.2018 to 08.07.2018 Ex.C1, email, reminder mail for refund of money dated 02.08.2018 Ex.C2, reminder to email record dated 23.07.2018 Ex.C3, reminder letter sent by post Ex.C4, membership purchasing receipt Ex.C5, agreement Ex.C6 and email Ex.C7. To rebut the evidence produced by the complainant, OPs did not appear and opted to be proceeded against exparte. Hence the evidence produced by the complainant is unchallenged and rebutted and there is no reason to disbelieve the same. Hence, it is well proved that the service of the OPs amounts to deficiency in service and unfair trade practice.

6.             Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to refund Rs.22,000/- to the complainant with interest @ 9% per annum from the date of deposit till its realization. We further direct the OPs to pay Rs.5,000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expense. This order shall be complied within 30 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:04.03.2020

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

 

               

        (Vineet Kaushik)          (Dr. Rekha Chaudhary)

            Member                              Member