Punjab

Ludhiana

CC/24/361

Shifali - Complainant(s)

Versus

Club restro vacation pvt.ltd - Opp.Party(s)

A.B Sharma

16 Dec 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                             Consumer Complaint No: 361 dated 03.04.2024.                              Date of decision: 16.12.2024.

 

1. Shifali age about 33 years W/o. Karan Goyal, R/o. H. No.41/1, Raman Enclave, Rishi Nagar, Ludhiana. 
2. Karan Goyal age about 33 years S/o. Arun Kumar, R/ H. No.41/1, Raman Enclave, Rishi Nagar, Ludhiana #9888878326.                                                                                                                  ..…Complainants

                                                Versus

Club Resorto Vacation Private Limited, Building No.24, Level-3, Okhla Phase-3, Okhla Industrial Estate, New Delhi-110020 through its Managing Director. #8183939393                                                                                                                                                                                    …..Opposite party 

Complaint U/s. 35 of Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainants            :         Sh. A.B. Sharma, Advocate.

For OP                           :         Exparte.

 

ORDER

PER MONIKA BHAGAT, MEMBER         

 

1.                Briefly stated, the facts of the case are that the complainant took one holiday package/membership from the OP for an amount of Rs.72,000/- vide invoice dated 09.01.2024, having validity up to February 2029. According to the complainants, the amount of Rs.10,000/- out of Rs.72,000/- was waived off towards interest on EMIs as they opted to buy the package through EMI option being offered by the OP with benefit of zero interest payment as the OP assured to offer discount of Rs.10,000/- towards interest charges of credit card interest. As such, the complainants paid Rs.62,000/- through credit card to the OP. The complainants stated that after two days i.e. on 11.01.2024, they sent Emails to the OP with request to cancel their holiday package/membership and to refund the entire paid amount but the OP vide email dated 27.01.2024 refused to refund the amount. The complainants further stated that as per clause No.7.1 of the terms and conditions of the OP, any customer can cancel his package within 10 days from the date of signup. They approached the OP within 2 days but the OP refused to refund the amount in arbitrary manner which amounts to deficiency in service and illegal trade practice on the part of the OP due to which the complainants suffered mental harassment, stress and agony. In the end, the complainants prayed for issuing direction to the OP to disburse the whole amount of Rs.72,682/- i.e. Rs.62,000/- as initial payment and Rs.10,682/- towards interest along with compensation of Rs.2,00,000/- and litigation expenses of Rs.25,000/-.

2.                Upon notice, the OP did not appear despite service and was proceeded against exparte vide order dated 19.07.2024.

3.                In evidence, complainant No.1 Ms. Shifali tendered her affidavit as Ex. CA and reiterated her averments of the complaint along with documents i.e. Ex. C1 is the copy of Aadhar Card of Shifali, Ex. C2 is the copy of Aadhar Card of Karan Goyal, Ex C3 is the copy of Email dated 09.01.2024, Ex. C4 is the copy of Email dated 11.01.2024, Ex. C5 is the copy of Email dated 16.01.2024, Ex. C6 is the copy of Email dated 27.01.2024, Ex. C7 is the copy of Credit Card Monthly Statement w.e.f. 02.01.2024 to 01.02.2024, Ex. C8 is the copy of Membership Form as well as terms and conditions of the OP, Ex. C9 is the copy of Tax Invoice dated 09.01.2024 of Rs.62,000/-, Ex. C10 is the copy of payment receipt dated 08.01.2024  and closed the evidence.

4.                We have heard the counsel for the complainants and also gone through the complaint, affidavit and documents annexed by the complainants.

5.                In the affidavit Ex. CA, the complainants have reiterated the entire case as set forth in the complaint. They have further proved on record the payment receipt dated 08.01.2024 Ex. C10 and Tax Invoice dated 09.01.2024 Ex. C9 as well as Statement of BOB Card Ex. C7 vide which amount of Rs.1,000/- and Rs.61,000/- were deposited in the account of OP through BOBCard of complainant No.2 Karan Goyal. Exparte evidence of the complainant has gone unrebutted on the file. From the allegations made in the complaint and the evidence led in support thereof, it has been established that the OP received a sum of Rs.62,000/- from the complainants for Club Resorto Holiday Package of the OP. In this regard, the OP sent welcome Email dated 09.01.2024 Ex. C3 acknowledging the receipt of Rs.62,000/-. However, the complainants vide Email 11.09.2024 Ex. C4 requested the OP to cancel the holiday package and to refund the amount of Rs.62,000/- but the OP vide Email dated 27.01.2024 Ex. C6 expressed their inability to process the refund for the cancellation request of the complainants. The complainants had acted as per the terms of the policy of the OP and had opted for cancellation of holiday package within 10 days as per clause 7.1 of the terms and conditions of the OP contained in form Ex. C8. Clause 7.1 is reproduced as under:-

“7.1 Termination/Cancellation: Every client shall be entitled to Cancel the CRP within 10 days from the date of sign-up or realization of the down payment whichever is earlier, subject to deduction of 30% Administrative charges of Package cost, provided such request for withdrawal is made in writing and signed (in case of joint application by all the Applicants) and reaches Company within the aforesaid period of 10 days. In the event of such withdrawal, Company shall refund the amount received from the Client towards the CRP Charges within 90 days from the receipt of request for withdrawal after deducting administrative charges. In case of joint application, refund shall be made to the first applicant only. Refund shall be without any interest. Company shall be entitled to deduct administrative charges @30% & bank transaction charges @2% of package cost and applicable taxes.”

 

As such, the complainants exercised the option of cancellation of the holiday package and request of refund of deposited amount within the stipulated period as provided in clause 7.1 of the terms and conditions but the OP instead of refunding the amount showed their inability to process the refund without assigning any reason. As such, there is deficiency in service and unfair trade practice on the part of the OP. As a result, the OP is liable to refund the amount of Rs.62,000/- by making deductions as per clause 7.1 of the terms and conditions, if any, to the complainants within 30 days from the date of receipt of copy of order failing which the OP shall pay interest @8% per annum on the said amount  from the date of filing of complaint till actual payment.

6.                As a result of above discussion, the complaint is partly allowed exparte with an order that the OP shall refund the amount of Rs.62,000/- by making deductions as per clause 7.1 of the terms and conditions, if any, to the complainants within 30 days from the date of receipt of copy of order failing which the OP shall pay interest @8% per annum on the said amount  from the date of filing of complaint. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

(Monika Bhagat)                              (Sanjeev Batra)               Member                                         President  

 

Announced in Open Commission.

Dated:16.12.2024.

Gobind Ram.