Noida Consumer Court Sides With Resident, Orders Refund and Compensation
In a significant ruling, the District Consumer Disputes Redressal Commission in Noida has directed a local hospitality company to refund Rs 1 lakh to a resident, along with interest and a penalty for causing mental agony. The commission found Future Choice Holidays and Hospitality Private Limited guilty of failing to deliver the services it had promised after taking payment.
The Complaint and Broken Promises
The case was filed by Vijay Prakash Agrawal, a resident of Sector 74 in Noida. He approached the commission on October 14, 2024, alleging that the company cheated him. Agrawal stated that on February 18, 2023, he purchased a membership plan from the firm's manager, Basant Dubey, for Rs 1 lakh via UPI.
The plan was marketed as valid for ten years, until 2033, and included a gift voucher for a free stay. It promised access to studio apartments at selected locations. Agrawal was also given a membership letter.
In 2024, when Agrawal planned a trip to Dalhousie and Dharamshala between March 18 and 23, he contacted the company to book hotels from their listed options. The company informed him they could not book his chosen hotels but offered alternatives. Agrawal paid an additional Rs 8,999 for a booking but never received any confirmation.
Exhausting All Avenues Before Legal Action
Frustrated, Agrawal tried repeatedly to contact the company's customer care and sent several emails, all of which were ignored. With no response, he escalated the matter by sending a formal legal notice to the firm on September 24, 2024. This notice also went unanswered, leaving him with no choice but to approach the consumer court.
In his complaint, Agrawal described the company's actions as illegal and a deliberate attempt to cheat customers. He sought a refund and compensation for the deficiency in service and the harassment caused.
The Ex-Parte Judgment and Final Order
The consumer commission issued a notice to the hospitality company on August 29, 2025. When the firm failed to respond or appear, the commission proceeded to hear the case ex parte—meaning in the absence of the opposite party.
After examining all documents and hearing the complainant, the bench comprising Chairperson Anil Kumar Pundir and Member Anju Sharma was convinced of the company's guilt. They ruled that the firm was deficient in its service under the Consumer Protection Act, as it took payment but failed to provide the promised facilities.
In the final order passed on January 2, the commission directed the manager and director of the company to refund the principal amount of Rs 1 lakh with interest calculated at 6% per annum from the date of filing the complaint (October 14, 2024). Additionally, they were ordered to pay a fine of Rs 3,000 to compensate Agrawal for mental agony and litigation costs.
The panel instructed the company to make the entire payment within 30 days of the judgment date. This case highlights the effectiveness of consumer forums in protecting citizens from unfair trade practices and ensuring timely justice.