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2026 Supreme(Online)(CONSUMER) 23
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SOUTH DELHI
Monika A. Srivastava, President, Kiran Kaushal, Member
DHRUV KASHYAP – Appellant
Versus
FORBCORP PRIVATE LIMITED – Respondent
CONSUMER COMPLAINT NO. DC/83/CC/68/2024 | Case No.68/2024
For the Appellants/Petitioners: Megha Gupta
For the Respondents: None
Agreements that lure consumers into non-refundable memberships without providing terms and conditions or an exit clause are unconscionable, unfair, and constitute a deficiency in service under the Consumer Protection Act.
Headnote:The matter pertains to the Consumer Protection Act, 2019. A consumer purchased a luxury travel membership for Rs. 1,90,000, promising various high-end vacation benefits. However, after one initial trip, the service provider failed to respond to subsequent booking requests and refused a refund, claiming the membership was non-refundable despite not providing any terms and conditions to the consumer. The court found the service provider deficient in service for failing to provide the promised holidays and for the absence of an exit clause in the agreement. The primary issue was whether the failure to provide services and the refusal to refund based on undisclosed terms constituted a deficiency in service. The court reasoned that the Consumer Protection Act is designed to be consumer-friendly and to curb unfair trade practices. It held that agreements that lure consumers into non-refundable contracts without providing terms and conditions or an exit clause are "unconscionable and unfair." OP is directed to refund Rs.1,90,000/- with interest @6% per annum from the date of first holiday requested i.e. 13.04.2022 which was not provided to the complainant. OP is further liable to pay compensation of Rs.10,000/- to the complainant for the harassment caused to him.
| Table of Content |
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| 1. consumer paid for travel membership but services were not provided as promised. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
##PAGE1##
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH DELHI
CONSUMER COMPLAINT NO. DC/83/CC/68/2024
DHRUV KASHYAP
PRESENT ADDRESS - C-131, POCKET A, AAI RESIDENTIAL COLONY, INA SOUTH,DELHI.
.......Complainant(s)
Versus
FORBCORP PRIVATE LIMITED
PRESENT ADDRESS - PLOT NO 738, SECTOR-82, JANTA INDUSTRIAL ESTATE SAS
NAGAR, MOHALI SOUTH,DELHI.
.......Opposite Party(s)
BEFORE:
MONIKA A. SRIVASTAVA , PRESIDENT
KIRAN KAUSHAL , MEMBER
FOR THE COMPLAINANT:
NEMO
FOR THE OPPOSITE PARTY:
NEMO
DATED: 20/06/2026
ORDER
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.68/2024
Dhruv Kashyap
S/o Shri Ishwar Singh
C-131, 1st Floor
Pocket-A, AAI Residential Colony
INA, New Delhi-110023. .…Complainant
##PAGE2##VERSUS
Forbcorp Private Limited
Plot No.738, Sector-82
Janta Industrial Estate Sas Nagar
Mohali, Punjab-160082. ….Opposite Party
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Present: Adv. Megha Gupta for complainant.
None for OP.
ORDER
Date of Institution:18.03.2024
Date of Order :20.06.2026
President: Ms. Monika A Srivastava
Complainant has filed the present complaint seeking Rs.1,90,000/- and compensation of
Rs.2,00,000/-.
1. It is stated that the complainant purchased a Tour and Travel Membership from the OP on
06.03.2022. It is stated that OP provides Leisure ship Plan for luxury and royal vacations. It is
stated that the complainant paid sum of Rs.1,90,000/- for membership out of which Rs.11,000/-
was paid through savings account on 06.03.2022. Rs. 89,000/- through credit card on the same
day and another Rs.90,000/- through credit card on 06.03.2022. The payment receipt is annexed
as Annexure-2.
##PAGE3##2. It is stated that complainant was promised range of benefits by OP such as (I) fully paid crypto
Kerala/Goa (ii) four nights in Hotel Hyatt (iii) 6N/7D every trip every year for twelve years in Five
star/four star hotels for international or domestic travel.
3. It is further stated that complainant booked a trip to Manali through OP but after that whenever he
tried to book, he did not receive response from OP. Complainant has placed reliance on Annexure
-3 by which he requests the OP through email, WhatsApp and phone.
4. It is further stated by the complainant, he requested the OP to refund the membership amount but
he was told that the said amount is non-refundable. It is stated by the complainant that he has
aggrieved by the OP on account tours not booked as promised and not refunding hard earned
money of the complainant. In this regard complainant got a legal notice issued dated 29.01.2024
which is Annexure-4 but no reply was received from the OP.
5. Despite, notice being duly served OP did not put an appearance and was proceeded exparte vide
order dated 08.09.2024.
6. Complainant filed his evidence as well as written arguments. This Commission has gone through
the entire material on record. The certificate placed by the complainant on record of OP
membership is seen issued on 08.09.2023 which was for a period of twelve years.
7. Further, the complainant has placed on record various emails vide which the complainant has
requested the OP to book holidays at various places and at different times dated 13.04.2022,
24.05.2022, 23.06.2022, 08.08.2022, 19.12.2022, 28.12.2022 and 13.05.2023. Complainant has
also placed on record email received from the OP dated 13.05.2023 wherein he was informed by
the OP that membership plan includes stays up to four star hotels and the complainant objected to
the same stating that it was totally against the representation made by the representative of the
OP at the time of selling the holiday package.
Complainant has also written to OP on 12.05.2023 where the OP has apologized to the
complainant for the inconvenience and frustration caused to him.
##PAGE4##Complainant has also referred to their mail dated 03.05.2023
