Delhi District Court
Ramesh Kumari vs 4R Pacific Holidays Pvt Ltd on 20 December, 2025
IN THE COURT OF SHRI MAYANK MITTAL
SCJ-CUM-RC, NORTH -WEST DISTRICT,
ROHINI COURTS, DELHI
Suit No. 1290/2023
CNR No. DLNW03-002687-2023
In the matter of :
Smt. Ramesh Kumari
W/o Sh. Rampal
R/o JG-1/31B, II Floor,
Vikaspuri, Delhi-110018
......Plaintiff
Versus
4R Pacific Holidays Pvt. Ltd.
Through its directors:
(a) Mr. Ram Singh Dhami
(b) Md. Reehan Akhtar
At : (1) A-214, II Floor,
Okhla Industrial Area, Phase I,
Okhla, New Delhi-110020
(2) N-22, Lower Ground Floor,
Kalka Ji, New Delhi-110019
(3) D-3, Ground Floor, Kalkaji,
New Delhi-110019
......Defendant
Date of institution : 25.09.2023
Reserved for Judgment : 18.12.2025
Date of decision : 20.12.2025
SUIT FOR RECOVERY
JUDGMENT (EX-PARTE)
CS SCJ No. 1290/2023 Ramesh Kumari V. 4R Pacific Holidays Pvt. Ltd. 1 of 9
1. This is a suit for recovery of Rs.1,40,000/- (Rupees One Lakh Forty Thousand Only) alongwith interest @ 24% p.a. on principal amount from 30.10.2020 till date of realization and pendent elite and future interest @ 12% per annum from the date of filing of the suit till realization with cost of the suit.
2. The brief facts of the case of the plaintiff as averred in the plaint are that the defendant company agents Mr. Md. Kayuum and Mr. Arvind approached the plaintiff to buy the membership plans for domestic and international vacations of the defendant company was willing to provide to the Plaintiff at a huge discounted rate of Rs. 1,85,000/-. The plaintiff told Mr. Mohammed Kayuum that it is quite expensive and they could not give Rs. 1.85 Lacs for mere vacations. On 11.10.2020, Plaintiff agreed to purchase the membership of defendant company at a more discounted price of Rs. 1,40,000/-. Mr. Arvind Kumar and Mr. Mohammed Kayuum told the plaintiff that this membership can be freely transferable, can be gifted, assigned as well as surrendered after deducting the number of holidays enjoyed. Moreover, it is 100% refundable if cancelled within 8 working days from the date of purchase of membership. The Plaintiff accepted the offer made by the agents of defendant company. The Plaintiff made a payment of Rs. 10,000/- for securing the membership in her name and Mr. Arvind Kumar issued a handwritten invoice to the Plaintiff. On 30.10.2020, the Plaintiff and her husband visited Dwarka office and pay the outstanding amount of Rs. 80,000/- via cash and card. Mr. Mohammed Kayuum took out some forms and a stamp paper to get filled and CS SCJ No. 1290/2023 Ramesh Kumari V. 4R Pacific Holidays Pvt. Ltd. 2 of 9 signed by the Plaintiff which leads to purchase of the membership. On 05.11.2020, the Plaintiff received a welcome kit along with two invoices of Rs. 90,000/- and 50,000/-. The Plaintiff on Google searched about defendant company performance and was shocked to see that there were many links which were related to consumer complaints and fraud done by defendant company and also is involved in uncountable number of frauds and numerous consumer litigations are pending against the company. Plaintiff telephoned Mr. Mohammed Kayuum and asked him to remit the amount of Rs. 1,40,000/- to the account from which the payment was made as the Plaintiff was no longer interested in the membership and plaintiff is surrendering the membership on 05.11.2020. Mr. Mohammed Kayuum assured the Plaintiff that he will talk with the head office and the Plaintiff will surely get the full payment in the account from which the payment is made. The Plaintiff told him that it is written "non- refundable" but Mohammed Kayuum requested the Plaintiff to not to worry and full amount will be refunded as the Plaintiff is surrendering the membership within 8 working days from the date of purchase of membership. On 06.11.2020, the husband of the Plaintiff visited the registered office of defendant company which was situated at Kalkaji, Delhi in the year 2019 and told the receptionist that he wanted to cancel the membership. The receptionist introduced the husband of the Plaintiff with a staff of defendant company who told him that this office is not meant for cancellation of the membership. The cancellation is only done at the respective zone office from where membership was bought and asked him to telephone Mr. Mohammed Kayuum or Mr. CS SCJ No. 1290/2023 Ramesh Kumari V. 4R Pacific Holidays Pvt. Ltd. 3 of 9 Arvind Kumar or other executives of defendant company. The mobile phones of Mr. Arvind and Mr. Mohammed Kayuum remained switched off for the whole 6th of November 2020. On 24.11.2020, the plaintiff along with her husband visited at Kalkaji Office but the employees of defendant company asked them to cancel their membership over telephone. Till March 2021, the Plaintiff and her husband telephoned the executives of defendant company numerous times but no response was ever heard by the couple from defendant company till July 2021, due to peak of COVID wave II, the couple did not visit them at the Kalkaji office and Dwarka Office. In August 2021, a call was made by the Plaintiff to Mr. Mohammed Kayuum from her another mobile number which was unknown to defendant company as well as all its employees. Mr. Mohammed Kayuum received the call and told the Plaintiff to call at 1800 313717171. The Plaintiff telephoned on the number the same day. The executive confirmed that the Plaintiff on telephone that "We are confirming you that you have cancelled your membership on 06.11.2020 and 100% amount was transferred into your bank account from which the payment has been made. Now we do not have any further relation against the membership." In September 2021, the Plaintiff was checking the account statement and shocked to see that no payment from defendant company have ever been remitted/transferred to the bank account from which the payment was made. The husband of the Plaintiff visited bank to confirm the same. He called at 1800 313717171 requesting them to provide with the transaction Id for the remittance of Rs.1,40,000/-. The executives of defendant company told him CS SCJ No. 1290/2023 Ramesh Kumari V. 4R Pacific Holidays Pvt. Ltd. 4 of 9 that it will take some time as they have sent the query to their Accounts Head Office. Whenever the Plaintiff gave the Reminder calls, every time a vague reason was given to the Plaintiff by the executives of defendant company. In April 2022, the husband of the Plaintiff visited Kalkaji office and got same reply as defendant company had remitted 100% of the amount and please contact you bank for further details." In January 2023, the Plaintiff and her husband gave one last call to Mr. Mohammed Kayuum and he said that he is not an employee of defendant company anymore and he cannot help the couple. In August 2023, the Plaintiff, and her husband in one last hope to claim their Rs. 1,40,000/-, telephoned at 1800 313717171 but all in vain. Despite various requests made by the Plaintiff, defendant company has failed to provide the transaction details as asked by Plaintiff. Hence, the present suit.
3. The defendant was served with the summons of the suit on 05.07.2024. However, the defendant failed to appear despite service, therefore, were proceeded ex-parte vide order dated 14.01.2025 and the plaintiff was directed to bring ex-parte evidence.
4. The plaintiff examined himself as PW1 who in his evidence by way of affidavit Ex.PW-1/A has reiterated and reaffirmed the averments made in the plaint. He has relied upon the following documents :
1. Copy of Aadhar Card of plaintiff is Ex. PW1/1 (OSR);
CS SCJ No. 1290/2023 Ramesh Kumari V. 4R Pacific Holidays Pvt. Ltd. 5 of 9
2. Copy of ID Card of plaintiff issued by Govt. of NCT of Delhi is Ex. PW1/2 (OSR);
3. Copy of agreement made by defendant between plaintiff and defendant is Ex. PW1/3 being photocopy is marked as Mark A;
4. Copy of handwritten invoice of Rs. 10,000/- as advance booking amount issued by employee of defendant is Ex. PW1/4 is now de-exhibited;
5. Copy of bill/invoice of Rs. 90,000/- is Ex. PW1/5 being photocopy is marked as Mark B;
6. Copy of bill/invoice of Rs. 50,000/- is Ex. PW1/6 being photocopy is marked as Mark C;
7. Copy of visiting card of Mohammed Kayuum is Ex.PW1/7 being photocopy is marked as Mark D;
8. Copy of welcome kit received by plaintiff is Ex.PW1/8 being photocopy is marked as Mark E.
5. I have heard the plaintiff and perused the material available on record carefully.
6. Before giving findings on the evidence led by plaintiff and submissions advanced on behalf of plaintiff, it is important to note that in the present case, the defendants have never appeared and were proceeded ex parte vide order dated 14.01.2025. It is further noted that the Court is mindful of the fact that in cases where the defendant is ex-parte, the Court needs to be extra cautious, as it would not have the advantage of defence pointing out the defect in the case of plaintiff and before passing the judgment, the pleadings and evidence of the plaintiff should be CS SCJ No. 1290/2023 Ramesh Kumari V. 4R Pacific Holidays Pvt. Ltd. 6 of 9 weighed carefully before arriving at the finding as to whether the plaintiff has made out a case for a decree. The initial burden to prove the averments of the plaintiff rests entirely upon the plaintiff who has to discharge the said burden as per law. In civil litigation, it is sufficient for the plaintiff to prove its case by preponderance of probabilities. In Adiveppa V. Bhimappa (2017) 9 SCC 586. Hon'ble Supreme Court of India in Adiveppa (supra) has observed that:
"It is a settled principle of law that the initial burden is always on the plaintiff to prove his case by proper pleadings and adequate evidence (oral and documentary) in support thereof."
Thus, the burden to prove the case as per law entirely is upon the plaintiff, by way of documentary and oral evidence.
7. PW-1 has proved on oath the allegations against the defendant and the evidence produced by the plaintiff goes on unchallenged and un-rebutted. Copy of Aadhar Card of plaintiff is Ex. PW1/1 (OSR); Copy of ID Card of plaintiff issued by Govt. of NCT of Delhi is Ex. PW1/2 (OSR); Copy of agreement made by defendant between plaintiff and defendant is Ex. PW1/3 being photocopy is marked as Mark A; Copy of handwritten invoice of Rs. 10,000/- as advance booking amount issued by employee of defendant is Ex. PW1/4 is now de-exhibited; Copy of bill/invoice of Rs. 90,000/- is Ex. PW1/5 being photocopy is marked as Mark B; Copy of bill/invoice of Rs. 50,000/- is Ex. PW1/6 being photocopy is marked as Mark C; Copy of visiting card of Mohammed Kayuum is Ex.PW1/7 being photocopy is CS SCJ No. 1290/2023 Ramesh Kumari V. 4R Pacific Holidays Pvt. Ltd. 7 of 9 marked as Mark D; Copy of welcome kit received by plaintiff is Ex.PW1/8 being photocopy is marked as Mark E.
8. The present suit is filed within the prescribed period of limitation as per provisions of Limitation Act and the present suit has been instituted on 25.09.2023, hence the present suit is within limitation. As defendant has not turned up despite service and accordingly was proceeded ex-parte, the averments made in the plaint and the testimony of the plaintiff during PE remained unrebutted. There is no reason to disbelief the unrebutted testimony of PW1 and the documents relied upon him. These documents coupled with testimony of the plaintiff prove the case of the plaintiff.
Relief
9. In view of the reasons given above and uncontroverted evidence brought on record, the suit of the plaintiff is decreed and followings reliefs are granted in his favour and against the defendant:-
i. Decree for a sum of Rs.1,40,000/- (Rupees One Lakh Forty Thousand Only).
ii. Seeing the prevalent market conditions, interest @ Rs.9% p.a. on principal amount from 30.10.2020 till date of realization and pendente lite and future interest @ Rs.9% p.a. is also awarded in favour of the plaintiff from the date of filing of the CS SCJ No. 1290/2023 Ramesh Kumari V. 4R Pacific Holidays Pvt. Ltd. 8 of 9 suit i.e. 25.09.2023 till the realization of the amount.
iii. Cost of the suit
10. Decree sheet be prepared accordingly. File be consigned to Record Room after due compliance.Digitally signed by MAYANK
MAYANK MITTAL Announced in the Open Court MITTAL Date:
2025.12.20 on 20.12.2025 16:28:46 +0530 (Mayank Mittal) Senior Civil Judge-cum-Rent Controller, North West District : Rohini Courts : Delhi CS SCJ No. 1290/2023 Ramesh Kumari V. 4R Pacific Holidays Pvt. Ltd. 9 of 9