DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No. 423/2021

Date of Institution: 22.10.2021

Order Reserved on: 28.02.2024

Order Passed on: 29.02.2024

CORUM:

Sh. S.S. Malhotra (President)

Ms. Rashmi Bansal (Member)

Sh. Ravi Kumar (Member)

Order By: Ms. Rashmi Bansal (Member)

ORDER

        The present complaint is filed by the complainants against OP alleging unfair trade practice and deficiency in service on the part of OP and praying for compensation for the same along with litigation cost as well as refund of the money deposited with OP. The complainant on 19.07.2023 has submitted that OP has shifted from Sunder Nagar address and he will fill amended memo of parties, which is not filed by him, though OP has been shared on both the address given by the complainant originally.

1. It is the case of the complainant that being allured by OP, he visited office of OP on 25^th May, 2016, upon its invitation where the sales business personal of the OP forced and pressurized him to purchase the holiday package offer of the OP. The complainant wanted to consult his son, complainant No.2, but the sales person convinced him stating that he is like his son and will not advise wrongly. The sales person also offered various other offers alongwith holiday package stating that same will not be applicable if the package is not purchased on that day itself. The complainant further submits that seeing him reluctant the OP started using all kinds of tactics and tried to compel him.  Complainant stated that the team of OP literally ganged up against him by taking advantage of his being senior citizen and did not let him to leave the place and by taking advantage of his uneasiness for staying long made him to purchase package of Rs.50,000/- payable in 24 instalments and also made his son as co-applicant stating that paper work will only be completed after his son would sign it. The OP also assured that if the payment is made through credit card, then they would lock the amount as of now and once his son would sign the agreement then only OP will take the amount from the Credit Card and that too in 24 instalments. The OP has handed over an agreement to the complainant with one week travel voucher with promise that all other vouchers will be provided at the time of completion of the paper work.  The complainant further stated that after coming back and on verification, it’s found that OP has cheated him and instead of blocking the amount, they have taken Rs.50,000/- from his credit card, without getting sign any signing agreement and proper authorization. The complainant called the OP and asked for explanation to which the OP apologized and conveyed that there must have been some mistake by the OP and assured that it will be resolved. However, nothing was done by OP despite multiple requests to resolve the issue at the earliest or otherwise start to provide service to him. Although OP has issued a membership certificate on 25^th May, 2016, itself, however stated that as the matter is pending for resolution and paper work is not yet completed, they cannot start any service to the complainant. OP also denied to honour the free one week package which was to be offered within one year.   
2. The complainant stated that on his constantly follow-up for the resolution, the OP in April 2018 agreed to make full refund and it is under process.  Further, OP stated that they are verifying whether any service was availed by the complainants and therefore money will be refunded. In the year 2019 the complainant, after frustrating with the inaction on the part of OP, asked OP to reinstate the package and provide the promised services and get the paper work complete or refund the amount with interest but OP failed to take any action.  In July, 2021, OP said that as the package was for 5 years, now no service can be availed as package has expired. The complainant stated that OP has cheated him as they had no intention to provide any service and only delayed the matter on one pretext or the other, so as to pass 5 years and now is denying the refund of the amount. The complainant said that he has not been given any service by OP during these 5 years nor his money has been refunded. The complainant has also filed copies of the complaints from other persons cheated in similar way showing the fraud by the OP. The complainant submits that due to no action on the part of OP in providing the service or giving the refund with interest, the OP has committed deficiency service and indulged in unfair trade practice and has caused harassment, mantel agony, anguish and inconvenience to the complainant for which OP is liable to pay compensation of Rs.2,00,000/-  to the complainant along with the refund of Rs.50,000/-  with @24% interest and legal expenses of Rs.1,00,000/- by the OP.
3. Upon notice , OP did not appear and as such has been proceeded ex-parte on 14.10.2022.
4. Complainant has filed his ex-parte evidence and has filed true copy of membership certificate dated 25.05.2016, handwritten notes of OP explaining about the offers and vouchers, copy of the agreement, copy of travel voucher for one week, copy of complaints from internet intimating about the fraud by OP, copy of terms and conditions given by OP.
5. The commission has heard the arguments and perused the documents on record. The certificate of membership was filed by the complainant mentions member name, member number, contact number and membership period for five years along with other details. However, the said documents does not beer signature of any of the party nor it shows that any amount is paid towards the said membership. The another document has filed by the complainant as agreement, has mentioned the of name of the member, member number and contact number, same as was mentioned on the certificate of membership and also mentions the down payment received as Rs.50,000/- and number of EMI for 24 months. The said document bears the signature of the complainant No.1 and signature of OP. The other document, travel voucher for one week also bears member’s name, membership number and contact number. The perusal of the record further shows that the membership card was issued on 25.05.2016 for a period of five years and Rs.50,000/- paid by the complainant for availing the services of OP but not even a single document has been placed on record by the complainant to show that during all these years, he has ever approached the OP for availment of its services and that the OP has denied to provide that service. There is also not even a single communication with OP with respect to asking for refund of the amount deposited by the complainant to the OP, In all five year. The handwritten notes also are not sufficient to prove anything to the membership for Rs.50,000/-. The complaints of other customers from internet has no role to play with the cause of action of the complainant. The complainant has filed the complaint before this commission on 22.10.2021, submitting that OP has denied the service to them, but further failed to file any document as to when there was a the denial of services by the OP. No document is filed by the complainant to the effect that OP was agreed to refund the deposited amount as alleged. It is for the complainant to avail the services from OP, but in absence of any document in support for the request of availing of services or the denial of services by OP, this Commission is of the view that no cause of action accrued in favour of the complainant against OP. Further, the cause of action has arisen on 25.05.2016, when the membership certificate was issued to the complainant and as per CPA 1986, Section 24A, Corresponding Section 69 of CPA, 2019 the complainant should have been filed the complaint within limitation period of 2 years from the date of cause of action has arisen, which in this case is expired on 25.05.2018 and the complaint is filed on 22.10.2021, which is barred by limitation. Therefore, this commission finds no merit into the complaint of the complainant and the same is here by dismissed.
6. Copy of the order be supplied/sent to the parties free of cost as per rules.

File be consigned to Record Room.

Announced on 29.02.2024.