Chandigarh

DF-II

CC/414/2018

Savita Khattar W/o Sh. Inder Jeet Khattar S/o Sh. Nand Lal, resident of Flat No. 402, GH-23, Sector-20, - Complainant(s)

Versus

The Boutique Club - Opp.Party(s)

Adv. Anil Kumar Gahlawat

03 Dec 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

Consumer Complaint No.	:	414/2018
Date of Institution	:	25.07.2018
Date of Decision	:	03.12.2018

 

                                       

                       

1. Savita Khattar w/o Sh.Inder Jeet Khattar s/o Sh.Nand Lal resident of Flat No.402, GH-23, Sector 20, Panchkula.
2. Inder Jeet Khattar s/o Sh.Nand Lal resident of Flat No.402, GH-23, Sector 20, Panchkula.

                                ...  Complainants.

Versus

1.     The Boutique Club, 13, 1^st Floor, Vipul Square, Sushant Lok-1, Gurugram-122002.

2.     The Boutique Club, SF 26, 2^nd Floor, City Emporium Mall, Industrial Area, Phase-1, Chandigarh.

3.     Ms.Varun Bhasin, Venue Manager, SF 26, 2^nd Floor, City Emporium Mall, Industrial Area, Phase-1, Chandigarh.

…. Opposite Parties.

BEFORE:    SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by: Sh.Anil Kumar Gahlawat, Adv. for the complainants

                  OPs exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the complainants received a telephonic call from the OPs that they have won a lottery and they were offered two nights and three days stay at various locations where their resorts are located in India free of cost.  On 09.04.2017, the complainants were offered a free coupon No.000620 by Ms.Vandana Mehta, Officer of the OPs. It has further been averred that they were offered to take the membership of the OPs-Club and under the influence of the meeting, they purchased the membership of the OPs for a sum of Rs.97,000/- and paid Rs.30,000/- thorugh credit card as a part payment on the spot against receipt dated 09.04.2017. Unfortunately, on the same night i.e. 09.04.2017, the complainants received the medical report of the complainant No.1 through which they came to know about the recurrence of multiple myeloma which is a type of blood caner from which the complainant No.1 was found to be suffering. Consequently the complainant No.2 on the next day i.e. 10.04.2017 informed Ms.Vandana Mehta telephonically about the unfortunate development and requested that they would be unable to continue with the membership and requested for refund of Rs.30,000/- . The complainant No.2 also contacted OP No.3  I.e. Mr.Varun Bhasin who assured that after coming from Mumbai their case for refund would be dealt with.  It has further been averred that they sent various e-mails dated 12.05.2017, 16.06.2017, 04.07.2017 to the OPs to refund the membership fee but to no effect. Finally, the complainants got served a legal notice dated 01.12.2017 upon the OPs to which they received reply dated 17.06.2018 whereby OP No.1 informed the complainants that as per the Membership Clause No.8.2, 75% of the membership fee is non-refundable and 25% of the membership fee would be refunded back after deduction of taxes. According to the complainants, since they have contacted the OPs within 10 days of the deposit of the amount and as such they are entitled to refund of the full amount. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainants have filed the instant complaint.
2.         OPs did not appear despite publication in the newspaper Daily Chardikalan”” and as such they were ordered to be proceeded against vide order dated 25.10.2018.
3.         We have heard the ld.counsel for the complainants and have gone through the evidence on record.
4.         In exparte evidence, the complainant No.1 has tendered her affidavit in support of the averments made in the complaint alongwith the supporting documents. The complainants have also placed on record the copies of the e-mails exchanged with the OPs. It is established beyond all reasonable doubt that the complaint of the complainants is genuine because as averred in the complaint, they requested the OPs to refund Rs.30,000/- paid towards part payment of the membership fee immediately on the next day of its deposit i.e. 10.04.2017 due to unfortunate development i.e. recurrence of blood cancer of the complainant No.1 after receipt of the medical report. According to the complainants, as per Clause 8.1 of the agreement, they have made a request for withdrawal of the membership within 10 days from the date of TBC’s realization of the down payment and therefore, they are entitled to full refund after deduction of the withdrawal charges.
5.         The averments made in the complaint have gone un-rebutted and uncontroverted in the absence of any rebuttal from the side of the OPs who preferred to proceed against exparte despite service through publication.   The OPs did not bother to redress the grievance of the complainants when they were contacted, resulting into immense, mental and physical harassment to them. Thus, finding a definite deficiency in service on the part of the OPs, we have no other alternative, but to allow the present complaint against them.
6.         In view of the above discussion, the present complaint deserves to be allowed against the OPs and the same is accordingly allowed. The OPs are directed as under:-

[i]            To refund back Rs.30,000/- to the complainants after deduction of the withdrawal charges.

 [ii]           To pay Rs.2,500/- as compensation for mental agony & harassment suffered by the complainants.

 [iii]          To pay Rs.5,000/- as costs of litigation.

7.         This order be complied with by the OPs within 30 days from the date of receipt of its certified copy, failing which the amount at Sr.Nos. (i) and (ii) above shall also carry interest @ 9% per annum from the date of this order till its actual payment besides litigation expenses.
8.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.          

Sd/-                          sd/-                  sd/-

Announced	[RAVINDER SINGH]	[RAJAN DEWAN]	(PRITI MALHOTRA)
03/12/2018	MEMBER	PRESIDENT	MEMBER