Consumer Forum order: Holiday club to pay Sec-35 man Rs. 54K
The frustration of not receiving your hard earned money back is never deserved by anyone. Yet there are businesses that will promise anything in order to receive your money hoping you compromise to minor details later, sometimes even major details. The consumer has the duty to report such infractions of contracts to the law so prevention of such irregularities can be attributed.
Also Read- COMPENSATION IN CASE OF DELAYED FLIGHT
Legal Issues Involved:
The consumer is always forced to delivery on a promise but that also applies to businesses. A person invests his money in a business that promises future benefits should not be disrespected after the funds have exchanged hands. There are many businesses that are extremely flexible when they are receiving money but when it comes to releasing money, it is never hassle free. The consumer forum is where complainants can explain their troubles.
News Article Facts:
A Sector 35-D Chandigarh resident, Mr. Manoj Kumar Gulati proceeded into agreement with Sector 34-A Chandigarh touring company “Journey Resorts Pvt. Ltd.” but after payments were made to the business the terms and conditions were different. Gulati claims he was lured by the representatives for the benefits but the offer mismatched the details at the time of sale and receipt of payments. Gulati sent letters on August 2016 about the issue and requested refund, Journey Resorts expressed regret for delay in refund but no return has been made to date. The consumer forum took up the matter but the Journey Resorts was absent even after receiving notices; being declared exparte. The consumer was awarded full refund with 9% interest pa from August 5, 2016 to its actual payment. Mental agony drew 10000 and litigation cost was also covered at 7000, failing to pay within 30 days will incur additional costs of 20000.
Legal Stand Point:
A contract is subject to the provisions of the Contract Act 1872 will most likely place this matter under fraud or misrepresentation; either way, the consumer was misled thus voids the contract. A penalty is added to prevent the business from conducting such practices but if such business transactions occur repeatedly, businesses can lose their licenses and the directors may even be jailed.
Indian consumers are rising to fight for their right, very little people are worried of the police being compromised with these shady businessmen. Why such businessmen mistreat customers is unknown but the courts are always willing to bring such unethical behaviour to a stand point.
A similar matter happened where a fitness club was also ordered to return money to a customer for misrepresentation of a benefitial offer.
Read: Fitness club ordered to pay Sector 24 man Rs. 85,000 in refund and penalty.
For case specific details/advice contact TOP/BEST/EXPERT Consumer Court Lawyers in Chandigarh, Panchkula and Mohali Tri-city area.
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