CONSUMER DISPUTES REDRESSAL COMMISSION – X
GOVERNMENT OF N.C.T. OF DELHI
UdyogSadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110016
Case No.120/2018
SK SAMAD HOSSAIN
34, PARK END COLONY,
PREET VIHAR,
DELHI, INDIA …..COMPLAINANT
Vs.
JOURNEYS REOSORTS PRIVATE LIMITED
THROUHG ITS DIRECTORS,
50 SUNDAR NAGAR,
NEW DELHI - 110003 ……OPPOSITE PARTY
Date of Institution-25.05.2018
Date of Order- 27.03.2023
RAJ KUMAR CHAUHAN-PRESIDENT
The complaint pertains to deficiency in service on the part of OP for not providing the services promised and not refunding the amount paid as per the terms and conditions of the agreement between the parties.
The brief facts are stated in the complaint are that OP approached the complainant for selling a family trip for 3 persons to Dubai for 7 nights and 8 days and a membership for 25 years with certain benefits for a total amount of Rs.2,15,000/-. The complainant entered into an agreement dated 12.08.2017 with OP and paid a sum of Rs.2,15,000/-.
The complainant submits that he received the documents at a later date. He found that there was nothing mentioned about the Dubai trip. He enquired from OP about the said trip who informed him that he needed to pay additional sum of Rs.65,000/- for the Dubai. The complainant, therefore, on feeling cheated sent a cancellation letter dated 21.8.2017 for cancellation of agreement as per clause 8.1 of the agreement and demanded the refund of Rs.2,10,000/-. Various emails were exchanged and OP asked the complainant to collect the cheque dated 26.11.2018 whereas as per terms of clause 8.5, OP is liable to refund the amount within 90 days. The complainant prays for refund of the amount of Rs.2,15,000/- with 18% interest, sum of Rs.1,00,000/- towards litigation expenses and Rs.2,00,000/- towards mental harassment.
OP in its reply has taken a preliminary objection that this Commission does not have any territorial jurisdiction. OP submits that there is no cause of action. It is further submitted that the complainant never applied for any booking and therefore there is no possibility of deficiency.
OP has specifically denied that it was selling a family trip for 3 persons to Dubai for 7 nights and 8 days and the membership for 25 years with certain benefits for a total amount of Rs.2,15,000/-. OP has also denied that an additional sum of Rs.65,000/- was asked for Dubai trip. OP has denied that the complainant, vide cancellation letter dated 21.8.2017, cancelled the Agreement as per clause 8.1. OP has also denied asking the complainant to collect the cheque dated 27.11.2018.
Complainant in its rejoinder has reaffirmed the contents of the complaint. The complainant submits that OP has its registered office in Sundar Nagar which is within the jurisdiction of this Forum. Complainant has also filed bank statements and email showing that Rs.2,15,000/- was paid as per agreement.
Complainant has filed its evidence by way of affidavit and exhibited the following documents:-
- Copy of the Agreement dated 12.8.2017 and credit card statement are annexed as Annexure C-1 and C-2 respectively.
- Copy of correct copy of the Email dated 10.3.2018 is annexed as Annexure C-3.
OP has filed its evidence by way of affidavit and exhibited the following documents:-
- Resolution is annexed as Annexure R1/A.
The Commission has considered the rival contentions and the material on record.
OP has raised a preliminary objection regarding the territorial jurisdiction of this Forum. As per Gazette notification dated 17.3.2023 bearing No. SG-DL-E-18032023-244424 the territorial jurisdiction of District Commission South East is as follows:-
DELHI GAZETTE: EXTRAORDINARY
Sl. No. | Name of District Commission | Jurisdiction |
1. | District Commission, South-East | H.N. Deen, Greater Kailash, Chitranjan Park, Ambedkar Nagar,Kalkaji, Badarpur, Okhla Indl. Area, New Friends Colony, Sarita Vihar, Sangam Vihar, Any other Police Station which may be created in future in the District. |
OP’s office being in Sundar Nagar falls under P.S. Hazrat Nizzamuddin which is covered under the territorial jurisdiction of this Commission.
The agreement dated 12.8.2017 are admitted by both the parties. Clause 8.1 and Clause 8.5 are as follows:-
8.1 Withdrawal of application for refund: Travellers are allowed a period of 10 calendar days from the date of receipt of the Down Payment to withdraw their JHP- 25 years application and claim a refund of the amount paid less administrative charges which is Rs.5,000/- and any statutory payments. If the application of withdrawal duly signed by the traveller ( in case of joint application both the principal traveller and co-applicant) is not received by JRPL within the 10 calendar days from the date of receipt of the Down payment the travellers right to claim the withdrawal and the travellers entitlement to refund shall lapse.
8.5 In the event of withdrawal of application/termination/cancellation aforesaid the traveller shall return to JRPL; JHP- 25 years certificate, JHP – 25 years card and other documents issued by JRPL in order to received the refund of the RUC, if any. JRPL shall refund the balance amount if any after deductions set out in clause 8.4 above and after adding any amounts that may be due to the traveller, within 90 working days from the date of receipt of request for cancellation.
Complainant has filed a bank statement wherein Rs.1,65,000/- and Rs.50,000/- has been paid to OP on 12.8.2017. OP has not denied receiving the same
The complainant has filed an email dated 17.2.2018 at 6:15 p.m. by OP to complainant which is as follows:-
“This is to inform you that your refund Cheque is in under process once it will signed informed you soon.”
Complainant has also filed an email dated 5.3.2018 at 2:26 p.m. by OP to complainant as follows:-
“This is in reference to your mail, we would like to inform you that your refund cheque has been ready amount of Rs. 2,02,650/- and date of 26.11.2018. Your may come and collect the cheque.”
Complainant has filed email from complainant to OP vide email dated 10.3.2018 at 21:05 p.m. which is as follows:-
“Can you please answer the following questions?”
- I have cancelled on August 2017 and you are willing to refund on 26 November 2018, why should I wait for one year?
- The cheque look signed falsely, double signature, see the attachment, and you will not cancel within one month of delivery, what is the garantee?
- Your have refund policy within 90 days as per the agreement clause 8.5 mentioned. Don’t you Respect that?
Don’t harass people in this way. Return the now. We are asking for our money not your’s.
OP’s mail is from one Payal Khanna and email address is It appears that OP is indulging in gross malpractice in following manner:-
- Complainant had paid Rs.2,15,000/-. OP was ready to refund of Rs.2,02,650/- when as per it own Agreement, it should have deducted only Rs.5,000/- as administrative charges.
- Complainant had applied for refund in August, 2017 but OP was ready to refund only in March, 2018.
- Even in March 2018, it had given a post dated cheque for November, 2018.
It can be concluded that as per OP’s agreement and by its own admission, OP was bound to refund the amount, but it preferred to sit over the payment and did not provide refund.
Thus, we hold OP guilty of deficiency in service and direct it.:-
- Refund Rs.2,15,000/- with interest @ 9% p.a. from the date of filing of complaint till its realization.
- Payment of Rs.30,000/- as compensation for mental harassment and physical inconveniences.
- Payment of Rs.10,000/- towards litigation expenses.
The order to be complied within 30 days from the date of uploading of order failing which it will carry an interest of @12% p.a. from the date of order till payment.
