PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 200/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Sagarika Padhee

C/O- DebasisshPadhee

At-New Colony, Near St Joseph Covent School

SakhiPada, Sambalpur

Dist- Sambalpur, Odisha Pin- 768001

Mob- 9776255934                                                  ………….......Complainant

-Vrs.-

1. Naturevillas Holidays And Resorts India

Private Limited (Club Naturevillas) 

Coporate Office At- 10/17 Ground Floor Nehru Enclave, Kalkaji, New Delhi-110019, India

2. Naturevillas Holidays And Resorts India

Private Limited (Club Naturevillas) 

Registered Office At: City Centre 1, Block B

5^th Floor Shop No. B-502, Sector 1. Block Dc,

Kolkata-700064, India,Email: Info@Clubnatureilllas.Com

3.  Prop. Hotel Regenta Inn (Royalorchid Group of Hotels )

At-Near Sambalpur Junction Railway Station

Farm Road, Khetrajpur,

Sambalpur Odisha, Pin-768002                               .....................Opp.Parties

Counsels:-

1. For the Complainant         :- Sri. R.Gupta & Associates
2. For the O.P. No.1 & 2        :- Ex-parte
3. For the O.P.No.3                :- A. Biswakarma, General Manager

Date of Filing:07.11.2023,  Date of Hearing :03.09.2024  Date of Judgement : 21.10.2024

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the Complainant is that the Complainant has received several phone call from the OP No. 1 and 2 in different dates of October 2022 who invited the Complainant in a meeting organized on dated 03.11.2022 at Hotel Regeneta, the OP No. 3 near Sambalpur Junction Railway Station who with collaborate with the OP No. 1 and 2 for expanding their business arranged a meeting and invited several guests near about 40-50 persons and demonstrated the scheme/plan to the invitees, They had also arranged good food and other facility in-order to trap the Complainant and other customers and given assurance that they will avail this kind of facility everywhere during their holiday trip of 6 days/night stay each year till their membership. The Complainant got motivated from their demonstration and purchased a scheme of OPs for 15 years namely Studio gold of price of Rs. 1, 74,000/- dtd. 19.11.2022 in her name by paying the down payment of Rs. 1, 10,000/- through online payment and along with ASF of Rs 8260/- hand to hand on dtd. 19.11.2022, the amount deposited online has been credited to the OPs dtd. 21.11.202 as per the bank details. The complainant advised to pay rest amount of Rs. 39,500/- after 24 months of time as per the rules and regulations of the OPs. The OP No. 1 and 2 after receiving payment issued a membership certificate to the Complainant in the name of Sagarika Padhee the applicant and Co-applicant Debasish Padhee for a period of Nov, 2022 to Nov, 2023 for two adult and 2 kids for regular holiday consisting of 6 nights per year. The Complainant after payment of the membership fees to OP No. 1 and 2, the Complainant has received the membership certificate, membership card and brochure on dtd 12.12.2022 through postal department. The Complainant after receiving the Certificate called the OP regarding booking for a holiday trip to Kolkata on dated 2^nd Sept, 2023 through sending a mail in reservations @ clubnaturevills.com for 17.09.2023 at Park Street but did not receive any confirmation from their side. Then when the Complainant contacted the OP staff namely Brajesh Kumar on 5^th Sept, 2023 and asked about the confirmation to which he replied that for Kolkata dates are sold out and only they have dates for Puri in Toshali Sand Hotel. The OP No. 1 and 2 hereby committed breaches of trust of the Complainant by denying to book a hotel at Kolkata which amounts to deficiency in service for the part of the OPs as it is their duty after taking such huge amount of money that they will arrange the booking without giving any reason and without causing any mental agony. The Complainant after that incident called many times to the OPs representatives but they did not pick-up their calls. Finding no way the Complainant sent messages through WhatsApp and email on date 8^th Sept, 2023 and requested them to book at least Hotel Toshali Sand at Puri  where booking is available, day after sending message the Complainant received the confirmation mail for booking and was advised to transfer the ASF of next year but when the Complainant again contacted him he did not receive the calls. The Complainant has tried and used all methods to contact the OP No. 1 and 2 but did get any result, instead they blocked the number of the Complainant in the later part. Finding no way the Complainant went to the OP No. 3 who strictly denied that they will not provide any details of the persons who arranged the meeting at their hotel and intentionally harassed the Complainant. The OP No. 3 without checking and verifying the details of the persons who booked their hotel and ignoring the complains of hundreds of such consumer, give support to the OPs who are paying huge amount of Hotel rent to them are playing with the innocent consumers who lost their hard earned money and lost their precious time and faith on humanity. The Op No. 3 also is liable for unfair trade practices and for giving protection and cooperating to the other OPs. Hence this case.
2. The Version of the OP is that on 19^th November, 2023 the OP No. 1 and 2 had booked buffet dinners on the premises of OP No. 3. Apart from that OP No. 3 does not have any collaboration or contractual relation with the OP No. 1 and 2. The complainant also does not have any contractual relation with OP No. 3 nor has she paid any consideration amount to the OP No. 3 as such there is no relationship of customer and service provider between the Complainant and the OP No. 3. The Complainant has never booked any room or made any reservation with the OP No. 3 and as such the case against OP no. 3 is not maintainable.
3. From the records and evidences, it is observed that the OP No. 1 and 2 for expanding their business have arranged a meeting and invited several guests near about 40-50 persons and demonstrated the scheme/plan to the invitees, they have also arranged good food and other facility in-order to trap the Complainant and other customers and given assurance that they will avail this kind of facility everywhere during their holiday trip of 6 days/night stay each year till their membership. The Complainant got motivated from their demonstration and purchased a scheme of OPs for 15 years namely Studio gold of price of Rs. 1, 74,000/- dtd. 19.11.2022 in her name by paying the down payment of Rs. 1, 10,000/- through online payment and along with ASF of Rs 8260/- hand to hand on dtd. 19.11.2022, the amount deposited online has been credited to the OPs dtd. 21.11.202. The OP No. 1 and 2 after receiving payment has issued a membership certificate to the Complainant in the name of Sagarika Padhee the applicant and Co-applicant Debasish Padhee for a period of Nov, 2022 to Nov, 2023 for two adult and 2 kids for regular holiday consisting of 6 nights per year.  The Complainant after receiving the Certificate called the OP regarding booking for a holiday trip to Kolkata on dated 2^nd Sept, 2023 through sending a mail in reservations @ clubnaturevills.com for 17.09.2023 at Park Street but did not received any confirmation from their side. Then when the Complainant contacted the OP staff namely Brajesh Kumar on 5^th Sept, 2023 and asked about the confirmation to which he replied that for Kolkata dates are sold out and only they have dates for Puri in Toshali Sand Hotel. The OP No. 1 and 2 hereby committed breache of trust to the Complainant by denying booking a hotel at Kolkata. Finding no way the Complainant sent messages through Whats App and email on date 8^th Sept, 2023 and requested them to book at least Hotel Toshali Sand at Puri where booking is available, day after sending message the Complainant received the confirmation mail for booking and was advised to transfer the ASF of next year but when the Complainant again contacted him he did not receive the calls. The Complainant has tried and used all methods to contact the OP No. 1 and 2 but did get any result, instead they blocked the number of the Complainant in the later part. In the other hand,  the complainant also does not have any contractual relation with OP No. 3 nor has she paid any consideration amount to the OP No. 3 as such there is no relationship of customer and service provider between the Complainant and the OP No. 3. So deficiency in service and unfair trade practice found against the OP No. 1 and 2.  Accordingly it is ordered.

                                       ORDER

The OP No. 1 and 2 are directed to refund the amount of Rs. 1, 10,000/- which was paid towards providing the services, Rs. 25,000/- towards mental agony, deficiency in service to the Complainants as Compensation and Rs. 10,000/- towards cost & litigation expenses to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization.

Order pronounced in the open Court today on 21^st day of Oct, 2024.

Free copies of this order to the parties are supplied.