D.O.F : 03/07/2023
D.O.O : 06/11/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC 198/2023
Dated this, the 06th day of November 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Junaid P, aged 29 years
S/o Abdul Razak
Hudhaibia Manzil
Pallippuzha
Pallikkara Post, Kasaragod – 671316.
(Adv: K Abdul Nasir & Merin Joseph) : Complainant
And
- The Manager
WIDUENTZ Pvt. Ltd.
D – 503, Pemi Bizcourt,
Plot No. 9
Shah Industrial Estate, Off Veera Desai Road
Andheri West, Mumbai – 400053.
- The Regional Manager
WIDUENTZ Pvt. Ltd
-
Muhammed Haji Building
Edappally, Kochi – 682024.
- The Branch Manager
WIDUENTZ Pvt. Ltd.
-
Kallai Road
Behind Apsara Theater, Palayam
Kozhikode – 673001. : Opposite Parties
ORDER
SMT.BEENA.K.G : MEMBER
This complaint is filed under section 35 of Consumer Protection Act. The complainant is working as second officer in Bahri ship Management Company, Dubai. The opposite party No.1 is a company conducting holidays tour package and opposite party No.2 is their regional office, and opposite party No. 3 is the branch office. The complainant came to India on leave on 8th May 2023. He received a message from opposite party through his whatsapp on 10/06/2023 inviting him to an event conducted by the opposite parties at hotel Emirates Ram Nagar Road at Kanhangad conducted on 11/06/2023. The complainant attended the function along with his friend Nadeer. The staff of opposite party explained them about their holiday scheme worth Rs. 75,000/- for a period of 5 years. The executive explained that if the complainant subscribed for their holiday scheme for Rs. 75,000/-, they will provide hotel rooms and other holiday facility for discounted rates. Moreover they will provide holiday voucher worth Rs. 42,500/- for future holiday expenses. The complainant expressed his interest to the said scheme and stated that he will think over that and subscribe shortly after consulting with his family. The executive of the opposite party stated that it is a special scheme introduced for the event conducted on that day and it may not be available in future. It is also promised that the complainant can cancel the subscription within 7 days and the company will refund the entire amount. Believing these words, the complainant subscribed for the membership and paid Rs. 75,000/-. In the meanwhile the complainant contacted opposite party with some doubts. But opposite party did not respond to the calls of the complainant. The complainant lost trust in the company. Hence he decided to cancel the membership. The complainant sent an email requesting to cancel his membership on 14/06/2023. But the opposite party did not respond to the email also. The complainant again sent a reminder on 16/06/2023, that was also not responded. The opposite parties accepted Rs. 75,000/- offering prompt and quality services with assurance that the complainant can cancel the membership within 7 days and get the amount refunded. But the opposite party did not care even to respond to the call and mails made by the complainant. The complainant is alleging unlawful trade practice and deficiency in service on the part of opposite parties. The acts of opposite parties caused severe mental agony, huge financial loss and physical hardship to the complainant. The complainant therefore prays for a direction against opposite parties to pay Rs. 75,000/- with 12% interest per annum from 14/06/2023 till date of payments along with a compensation of Rs. 1,00,000/- and cost of litigation of Rs. 15,000/-.
Notice of opposite party No. 1 returned stating left. Notice of opposite party No. 2 and 3 returned stating not known.
The complainant filed proof affidavit in lieu of chief examination and the documents produced are marked as Ext. A1 and A2. Heard the complainant.
The main questions raised for consideration are;
- Whether the complainant is a consumer?
- Whether there is any unlawful trade practice/deficiency in service on the part of opposite parties?
- If so, what is the relief?
For convenience all questions can be discussed together. The complainant is a second officer in Bahri ship Management Company Dubai. And opposite party No. 1 is a company conducting holiday tour management. The complainant received a message from opposite party on 10/06/2023 inviting him to an event conducted by opposite parties at hotel Emirates at Kanhangad on 11/06/2023. When the complainant attended the function with his friend Nadeer, opposite party explained a scheme worth Rs. 75,000/- for a period of 5 years. And if the complainant subscribed for their holiday scheme of Rs. 75,000/-, opposite parties offered to provide hotel rooms and other holiday facilities on discounted rates. Moreover they offered to provide holiday voucher worth Rs. 42,500/- for future holiday expenses. When the complainant informed that he will think over and subscribe shortly after consulting with his family, the executive of opposite party stated that it is a special scheme introduced for the event conducted on that day and it may not be available in future. The opposite party promised that they can cancel the subscription within 7 days if they wish and company will refund the entire amount. Being induced by opposite parties, the complainant subscribed for the membership by paying Rs. 75,000/-. The complainant had produced the copy of the membership application dated on 11/06/2023 and is marked as Ext. A1. By paying Rs. 75,000/-, the complainant purchased membership from opposite parties in a special scheme tour package. The complainant is a consumer as per the definition of CP Act 2019. Thereafter the opposite party was not available to the complainant’s calls and the complainant lost trust in the company and decided to cancel the membership. Even though email request is sent to opposite party to cancel the membership on 14/06/2023, the opposite party did not responded to the mail. Again sent a reminder on 16/06/2023, but no responds from opposite party. The complainant produced the printout of the email sent to the opposite party which is marked as Ext. A2. In the affidavit, the complainant states that he attempted to contact opposite parties in all given phone numbers but the opposite parties did not respond to the calls. The opposite party accepted Rs. 75,000/- offering prompt and quality services with assurance that membership can be cancelled within 7 days if he desires and get the amount refunded without making any deductions, but opposite parties after receiving the money evaded from all queries of the complainant, amounts to deficiency in service and unlawful trade practice. The opposite parties did not refunded the amount so far. Due to the deficiency in service and unfair trade practice on the part of opposite parties, the complainant suffered huge monitory loss, mental agony and hardships. The opposite parties are bound to compensate the loss and mental agony undergone by the complainant due to their illegal act.
The prayer of the complainant is to refund Rs. 75,000/- with 12% interest from 14/06/2023 till the date of payment along with Rs. 1,00,000/- as compensation and Rs. 15,000/- as cost of this proceedings.
The compensation claimed by the complainant is excessive and without any basis. Indeed the complainant is entitled for refund of the paid amount with interest and cost. Considering the facts of this case, we are of the opinion is an amount of Rs, 50,000/- is a reasonable compensation in this case.
Therefore the complaint is partly allowed, directing opposite parties to refund Rs. 75,000/- (Rupees Seventy Five thousand only) with 9% interest per annum from 14/06/2023 (the date of cancellation) till payment along with compensation of Rs. 50,000/- (Rupees Fifty thousand only) and cost of Rs. 5,000/- (Rupees Five thousand only) to the complainant within 30 days from the date of receipt of copy of this order. The opposite parties 1 to 3 are jointly and severally liable to comply the order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Member application form
A2 – Printout of the email
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
