District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 589/2021.
Date of Institution:16.11.2021.
Date of Order: 03.02.2023.
Ms. Tanu Gupta wife of Shri Ashish Gupta R/o House No. 557, Sector-19, Faridabad.
…….Complainant……..
Versus
M/s. Sarovar Western Inn and Suites Private Limited, 302, 3rd floor, SRS Tower, Sector-31 Mewla Maharajpur Metro Station, Faridabad – 121002, Haryana.
Registered Office at:
302/389 M, 3rd floor, South Ex, Plaza 1, Leela Ram Market, Masjid Moth, South Ex-Part II, Delhi- 110 049.
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. P.R.Sikka, counsel for the complainant.
Opposite party ex-parte vide order dated20.12.2022.
ORDER:
The facts in brief of the complaint are that the representative of the opposite party had approached the complainant thereby showing the rosy picture to enjoy holidays at premium 5 Star at various locations thereby luring the complainant to make a transaction for membership and get membership and also offered discount on air tickets and also offered Gift Vouchers namely International Discount Voucher, couple Movie Voucher and 2 Nights 3 days holiday voucher in India with one year validity. The complainant had discussions to enter into various facilities to be added in the agreement and after agreeing by the representative of opposite party who got filled an application form on 03.11.2020 in which the complainant had filled up certain facilities and lured the complainant to transfer a sum of Rs.1,05,000/- towards booking of the suites, which were transferred by the complainant. The opposite party had sent an agreement thereby advising the complainant, as the said agreement was not in accordance with the offers discussed with the representative of the opposite party. On 04.11.2020, the husband of the complainant had sent emails to the opposite party thereby mentioning that the opposite party had not mentioned the offers in the agreement as per the discussions held between the complainant and representative of the opposite party. As the complainant was not getting proper response, accordingly, the complainant had requested the opposite party to refund the amount deposited by the complainant. Due to the said reason the complainant had refused to sign the agreement sent by the opposite party. The complainant had sent several emails to the opposite party regarding refund of the amount but the opposite party had not responded those emails till 18.11.2020. The complainant after sensing that the opposite party was looking fraud and accordingly the complainant enquired from ROC and came to know that the opposite party company was defunct. On 21.11.2020 at 5.00 p.m. the complainant’s husband Ashish Gupta had received an email form the opposite party in which the opposite party had assured to get back within 48 hours. As the opposite party was not responding then the complainant had also sent an email dated 24.11.2020 to the opposite party but sorry to say that the opposite party had sent an email dated 24.11.2020 at 8.03p.m. thereby stating that as per the company’s policy the complainant must avail at least one service. The complainant had not signed any agreement with the opposite party as such alleged terms and conditions were not applicable to the complainant. Subsequently complainant’s husband had sent various emails to the opposite party but instead of refunding the amount to the complainant , the opposite party had sent an email dated 07.12.2020 to the complainant thereby stating that the opposite party was sending their representative for signatures on the agreement which was replied by the husband of the complainant vide email date d09.12.2020 and 14.12.2020 thereby again requesting the opposite party to refund the said amount which was transferred as advance transaction to opposite party but the opposite party had not adhered to the request of the complainant so far. Ultimately the complainant had sent a registered letter to the opposite party which was returned with the remarks that the MD of the company left, while the complainant was dealing with the opposite party not with any individual which clearly shows opposite party’s intentions to digest the hard earned money of the complainant with malafide intention to cheat and defraud the complainant. In the email dated 02.01.2021 the opposite party had mentioned that the complainant was getting the refund from the bank as well as from the opposite party. The opposite party was trying to distort the said fact as the complainant had transacted through bank with the opposite party and accordingly the opposite party should have given instructions to their bankers to refund the said amount in the complainant’s account. Thereafter the opposite party deliberately stopped to respond the emails of the complainant which clearly shows the malafide intention of the opposite party to cheat the complainant. Opposite party was replying the mails through INFO which was not mentioning the names of the concerned persons which clearly shows that opposite party responsible person were avoiding the customers with the intention to cheat and defraud the customers at large. The complainant sent legal notice dated 19.03.2021 to the opposite party but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) refund a sum of Rs.1,05,000/-.
b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .
c) Pass an award in respect of the interest @ bank rate from the date of making the payment i.e. 3.11.2020 till realization in favour of the complainant against the opposite party.
d) Cost of the complaint may also be awarded in favour of the complainant and against the opposite party.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the complaint of the complainant was not maintainable against the answering opposite party as the complainant had got no cause of action to file the present complaint against the answering opposite party. The dispute raised by the complainant in the present complaint was manifestly outside the purview of the said act and the proceedings initiated by the complaint under the act were non-est null and void and without jurisdiction. The present complaint was baseless and flagrant abuse of process of law to harass and blackmail the answering opposite party. The complainant had no locus standi to initiate the present proceedings. On merits, opposite party has denied all the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. Case called several times since mooring but none appeared on behalf of opposite party. Waited sufficiently. No more wait was justified. Hence, opposite party was proceeded against exparte vide order dated 20.12.2022.
4. The complainant led evidence in support of his respective version.
5. We have heard learned counsel for the complainant and have gone through the record on the file.
6. In this case the complaint was filed by the complainant against opposite party – Saarovar Western Inn and Suites Private Limited with the prayer to: a) refund a sum of Rs.1,05,000/-. b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment . c) Pass an award in respect of the interest @ bank rate from the date of making the payment i.e. 3.11.2020 till realization in favour of the complainant against the opposite party. d) Cost of the complaint may also be awarded in favour of the complainant and against the opposite party.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Shri Tanu Gupta, Ex.CW1/1 - application form, Ex.CW1/2 – Debit/Credit card payment confirmation letter, Ex.CW1/3 – email, Ex.CW1/4 – company information, Ex.CW1/5-& CW1/6 – emails, Ex.CW1/7 – legal notice, Ex.CW1/8 – postal receipt.
7. In this complaint, the complaint was filed by the complainant with the prayer to refund a sum of Rs.1,05,000/-. It is evident from application form and debit/credit card payment confirmation letter dated 03.10.2020 in which the application form on 3.11.2020 the complainant had filled up certain facilities and lured the complainant to transfer a sum of Rs.1,05,000/- towards booking of the suits, which were transferred by the complainant.
8. Since opposite party has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. Hence the complaint is allowed against opposite party.
9. Opposite party is directed to:
a) refund an amount Rs.1,05,000/- alongwith interest @ 6% p.a from the date of filing of complaint till its realization
b) pay Rs.2200/- as compensation on account of mental tension, agony and harassment.
c) pay Rs.2200/- as litigation expenses to the complainant.
Compliance of this order be made within 30 days from the date of receipt of copy of order. Copy of this order be given to the parties concerned free of costs and file be consigned to record room.
Announced on: 03.02.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
