Date of Filing:18.02.2009<br /> Date of Order:31.03.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 31ST DAY OF MARCH 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 426 OF 2009<br /> <br /> 1. Jaya Jasodani Parmar<br /> W/o. Jayvijaysinh P Parmar<br /> 136/13, 2nd Floor, Grape Garden<br /> Viveknagar Post<br /> Ejipura Main Road<br /> Bangalore 560 047<br /> <br /> 2. Jayvijaysinh P Parmar<br /> S/o. Pravinsinh H Parmar<br /> 136/13, 2nd Floor, Grape Garden<br /> Viveknagar Post<br /> Ejipura Main Road<br /> Bangalore 560 047 Complainants<br /> V/S<br /> The Vacation Credit Card (VCC)<br /> No. 13, Hamdh Court<br /> Mother Teressa Road<br /> Austin Town, First Stage<br /> Bangalore 560047 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant stating that they have paid Rs. 16,000/- to the opposite party for vacation credit card for availing the membership of the opposite party company. Opposite party has given misleading advertisement, false representation and given false promises. Complainants gave letter for cancellation of membership. The agreement signed itself states that if the member is not happy with the services provided, there will be a deduction of the utilized days and the balance amount would be refunded. Complainant submitted that they have that utilized any days. Therefore, they are entitled for refund of 100%. 30% deduction clause is not applicable. The vacation credit card should have mentioned it in the agreement. The opposite party should have informed by means of any document. In the absence of this information deduction clause is not applicable. Complainant prayed for refund of Rs. 16,000/- with interest. <br /> 2. Notice was issued to opposite party. Notice was served. Inspite of service of notice the opposite party has not appeared and defence version also not sent by post. <br /> 3. First complainant was present before the forum on 24.03.2009 and she submitted that after filing complaint before this fora and after receipt of notice from this fora the opposite party had sent 3 cheques for total amount of Rs. 13,500/- and she requested for order of refund Rs. 2,500/-. This complaint has been filed on 18.02.2009 and after admitting the complaint notice was sent to the opposite party by registered post. After receipt of the notice from the fora the opposite party refunded Rs. 13,500/- to the complainant by way of 3 cheques. This shows the effective implementation of Consumer Protection Act. The consumers / customers are getting relief under the social and benevolent legislation enacted by the parliament. Protection of the rights of the consumers is the need of the hour. Consumer Protection Act, 1986 has been enacted to safeguard better interests of the consumers. It is the milestone in rendering social justice. Consumer is considered to be king. His interest requires to be protected from unfair practice or false representation and misleading advertisement. The opposite party has not kept up his promise and commitment. The complainants have paid Rs. 16,000/- for membership and they are not satisfied with the service. Complainant had given cancellation letter and demanded refund of the amount. They have not utilized any service or holiday as promised by the opposite party. Therefore, the opposite party is right in promptly refunding Rs. 13,500/- by way of 3 cheques. But the opposite party has not given any reasons or letter or any defence version as to why Rs. 2,500/- is deducted while refunding amount. Admittedly, the complainant has paid Rs. 16,000/- to the opposite party through ICICI debit card. Therefore, the payment made by the complainant to the tune of Rs. 16,000/- was accepted. The complainant has also produced receipt of vacation credit card. By this receipt also it is clear that Rs. 16,000/- amount was paid to the opposite party on 21.09.2008. Therefore, the opposite party has to refund the entire amount since the complainants have not utilized any service from the opposite party. The complainants are entitled for the refund of balance amount of Rs 2,500/- from the opposite party. In the result I proceed to pass the following:<br /> ORDER<br /> 4. The Complaint is allowed. The opposite party is directed to refund balance amount of Rs. 2,500/- to the complainant forthwith. The amount may be sent directly to the complainant by way of cheque / D.D. with intimation to this forum. In the event of non-compliance of order within 30 days from the date of this order the said amount carries interest at 12% p.a. from the date of this order till payment / realization. <br /> 5. Send the copy of this Order to both the parties free of costs immediately. <br /> 6. Pronounced in the Open Forum on this 31ST DAY OF MARCH 2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />