THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 652 of 2018
Date of Institution: 29.8.2018
Date of Decision: 28.1.2019
- Sonia Mehra wife of Sh. Rohit Mehra ;
- Rohit Mehra son of Sh. Raman Kumar Mehra ;
Both residents of 15-Govid Vihar, R.B. Duni Chand Road, Amritsar (Mobile No.9988011260)
Complainants
Versus
Royals Club International, C-3, First Floor, Sector 2, Noida 201301, through its Manager/Officer Incharge/ Authorized Signatory /Director/Managing Director
Opposite Party
Complaint under section 12 & 13 of the Consumer Protection Act, 1986 as amended upto date.
Present: For the Complainant : Sh.Munish Kohli,Advocate
For the Opposite Party : Ex-parte
Coram:
Sh.Charanjit Singh, President
Mr.Anoop Sharma, Member
Ms.Rachna Arora, Member
Order dictated by:
Sh.Charanjit Singh, President
- Sonia Mehra and Rohit Mehra, complainants have filed the present complaint under section 12 & 13 of the Consumer Protection Act on the allegations that they visited Narula Hotel, Mall Road, Amritsar where the opposite party held a seminar with respect to the distribution of membership in April 2018 . The complainants were persuaded by the representatives of the opposite party to be the members of their club for having wonderful vacations at different stations. The complainant on their persuasions deposited Rs. 34000/- and an agreement dated 8.4.2018 was signed between them which were never read over and explained to them. The officials of the opposite party assured the complainants that they would get the requisite documents for enabling them to avail the vacations at different destinations at nominal rates. The complainants were made to enter a vacation plan agreement and club membership. The complainants have given membership of Royals International by the agents namely Mr. Rishu and Mr. Prince Manager/representative of the opposite party and on their instructions and assurance for providing services/accommodation as mentioned in the brocher provided to the complainant . At the time of execution of the agreement executed between the complainant and both the managers of opposite party, it was explained that the complainants can cancel the membership and seek refund of the money invested with the opposite party within a period of two months from the date of execution of agreement. The said membership also includes complimentary 6 nights and 7 days holiday voucher in Asia besides gift voucher of two nights and three days. As per terms and conditions of the opposite party, the complainants applied for accommodation in Delhi for the period from 26.4.2018 to 28.4.2018 on discounted gift voucher, but the accommodation was not provided to the complainants as assured by the opposite party. Then again the complainants applied for accommodation in Mansoori for two nights and three days from 20.6.2018 to 23.6.2018 vide e-mail dated 18.4.2018 but they have refused to give accommodation to the complainants for the said period. The complainants are also having Whatsapp message of the representatives of the opposite parties where the representatives assured the complainants for confirmed booking of Mansoori. On 19.6.2018 the complainant received e-mail from the opposite party that booking cannot be done because the given dates are sold out. After refusal of the opposite party to accede to the genuine request of the complainants, the complainants demanded back the amount of Rs. 34000/- with interest at the prevalent market rate, but the opposite party remaining putting off the matter on one pretext or the other . The said act of the opposite party amounts to unfair trade practice and a gross deficiency in service on the part of the opposite party. Vide instant complaint, complainants have sought for the following reliefs:-
- Opposite party be directed to refund the amount of Rs. 34000/- alongwith interest @ 18% p.a. ; ;
- Compensation to the tune of Rs. 10000/- may also be awarded to the complainant.
- Opposite parties be also directed to pay adequate litigation expenses to the complainant.
Hence, this complaint.
2. Opposite party did not opt to put in appearance despite service, as such it was ordered to be proceeded against ex-parte.
3. Alongwith the complaint, complainant has filed copy of agreement Ex.C-1, affidavit of the complainant Ex.CW1/A, approval form Ex.C-2, e-mails Ex.C-3 to Ex.C-9, copy of whatapps talk Ex.C-10.
4. We have heard the averment of the complainant and have carefully gone through the record on the file.
5. Ld.counsel for the complainant has vehemently contended that on the persuasions of the representative of the opposite party to be the members of their club for having wonderful vacations at different stations, the complainant deposited Rs. 34000/- and an agreement dated 8.4.2018 was signed between them , copy of agreement is Ex.C-1 on record. The complainants have given membership of Royals International by the agents namely Mr. Rishu and Mr. Prince Manager/representative of the opposite party and on their instructions and assurance for providing services/accommodation as mentioned in the brocher provided to the complainant . It was the case of the complainant that at the time of execution of the agreement executed between the complainant and both the managers of opposite party, it was explained that the complainants can cancel the membership and seek refund of the money invested with the opposite party within a period of two months from the date of execution of agreement. However, when the complainant was not provided the facility as described by the representative of the opposite party while entering into agreement as he was not provided complimentary 6 nights and 7 days holiday voucher in Asia besides gift voucher of two nights and three days. The complainant also applied for accommodation in Delhi for the period from 26.4.2018 to 28.4.2018 on discounted gift voucher, but the accommodation was not provided to the complainants as assured by the opposite party. Then again the complainants applied for accommodation in Mansoori for two nights and three days from 20.6.2018 to 23.6.2018 vide e-mail dated 18.4.2018 but they have refused to give accommodation to the complainants for the said period. Leaving no other alternative after refusal of the opposite party to accede to the genuine request of the complainants, the complainants demanded back the amount of Rs. 34000/- with interest at the prevalent market rate, but the opposite party remaining putting off the matter on one pretext or the other . To prove his case the complainant has tendered his affidavit Ex. CW1/A alongwith documents i.e. e-mails Ex.C-1 to Ex.C-10 .
6. On the other hand the evidence adduced by the complainant has gone unrebutted on record as opposite party, despite due service, did not opt to appear and contest the complaint and thereby the opposite party impliedly admitted the claim of the complainant, which further shows that the opposite party had no defence to offer for contesting the case of the complainant. The act and conduct of the opposite party for not providing the services as availed by the complainant by spending huge amount of Rs. 34,000/- amounts to deficiency in service for which the complainant is entitled to refund of the same .
7. Consequently we allow the instant complaint ex-parte with directions to opposite party to refund Rs. 34000/- alongwith interest @ 9% p.a. from the date of filing of the complaint till payment is made to the complainant. Opposite party is also directed to pay litigation expenses to the tune of Rs. 3000/- to the complainant. Compliance of this order be made within a period of 30 days from the date of receipt of copy of this order ; failing which, complainant shall be entitled to get the order executed through the indulgence of this Forum. . Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
