Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                   Complaint No. : 691

                                                                   Instituted on     : 29.11.2021

                                                                   Decided on       : 19.12.2022

Mahima age 35 years, w/o Amit Garg R/o H.No.112, Ward no.18, Arya Nagar, Rohtak-124001.

                                                                                                                                                                                       ………..Complainant.

Vs.

AMBIENCE CLUB through its CEO/Managing Director/authorized Agent, Office No. 301, Partap Complex, Laxmi Nagar, New Delhi-92.

….….Opposite party.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:   SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR.VIJENDER SINGH, MEMBER.

Present:        Sh. Vinod Pahwa, Advocate for the complainant.

                   Opposite party exparte.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                Brief facts of the case, as per the complainant are that on 23.02.2020, officials of the opposite party contacted the complainant on her mobile phone at Rohtak and asked her to attend a seminar/program organized by the opposite party booked at a hotel. Complainant and her husband reached there and representative of the opposite party told that their company has launched a scheme and they will provide  foreign/country holidays to families for 6 nights and 7 days per year upto the period of 10 years  which includes 2 Adults and 2 minor and this offer is valid for anytime in a year and further told that the cost of the scheme is Rs.202500/- and in the beginning the customer has to pay Rs.80000/- only and the remaining amount has to be paid after one free tour for 3 nights and 4 days of the choice of customer in India which includes accommodation and food etc. and if the complainant is satisfied with the services of the OP then the balance consideration is to be paid to the company. Accordingly complainant paid an amount of Rs.80000/- to the opposite party through credit card of her husband. As per offer of the opposite party and in the approval form  it was mentioned that this offer is valid for all time season in a year and valid for 10 years and it covers 2 Adults and 2 children and age of children was not restricted. But on 26.02.2020, a Welcome e-mail was received by the complainant wherein the age of the children was below 8 years.  It was further mentioned in the email that the complainant has to pay Rs.8000/- + GST as AMC charges whereas this fact was not told to the complainant.    The complainant also received a Holiday offer Voucher by post in which it was mentioned that this accommodation voucher is for couples only and additionally not more than kids below 5 years and it was also mentioned that this voucher is valid for peak season, public holidays and long weekends and it was also mentioned that a prepaid admission fee of Rs.3999/- is mandatory for all to pay in advance. Complainant contacted the officials of the opposite party and told about the same and it was assured by the opposite party that the fresh Welcome Letter/free Holiday voucher will be issued. But  despite repeated requests and emails of the complainant, no fresh letter was issued to the complainant.  Thereafter, complainant requested the opposite party to cancel her membership and refund the amount paid by the complainant but the opposite party kept the matter on this pretext or that.  Hence this complaint and it is prayed that opposite party may kindly be directed to refund the booking amount of Rs.80000/- alongwith interest, compensation and litigation expenses to the complainant.

2.                After registration of complaint, notice was issued to the opposite party and the same received back with the report of refusal. As such opposite party was proceeded against exparte vide order dated 01.02.2022 of this Commission.  

3.                Ld. counsel for the complainants in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and closed his evidence on dated 12.09.2022.

4.                We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.

5.                In the present case as per Approval form Ex.C1, complainant had paid an amount of Rs.80000/- and as per the scheme, opposite party agreed to provide holiday package for 10 years, with studio apartment, all time season, 2 Adults and 2 kids and for 6N/7D. Member/Owner declaration form Ex.C2 and Purchase agreement Ex.C3 are also issued on the same terms and conditions. But as per Welcome letter issued through mail Ex.C6, opposite party agreed to issue the package for ‘Max occupancy for 2 adults and 2 kids below 8 years” and other terms and conditions were also not matched to the approval form and declaration form.  Hence the complainant requested the opposite party to refund the amount paid by her but the same has not been paid by the opposite party to the complainant till date.

6.                Hence from the documents placed on record by the complainant, it is itself proved that welcome letter and holiday voucher issued by the opposite party were not as per the terms and conditions mentioned in the approval form and agreement. As such opposite party has violated the terms and conditions of the approval form/agreement. On the other hand, opposite party did not appear despite service. As such it is presumed that opposite party has nothing to say in  the matter and all the allegations leveled by the complainant against the opposite party stands proved. Hence there is deficiency in service on the part of opposite party and opposite party is liable to refund the booking amount to the complainant.

7.                In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party to refund the booking amount of Rs.80000/-(Rupees eighty thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e.29.11.2021 till its realization and also to pay a sum of Rs.6000/-(Rupees six thousand only) as compensation on account of deficiency in service as well as litigation expenses to the complainant  within one month from the date of decision.

8.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

19.12.2022

                                                         ................................................

                                                          Nagender Singh Kadian, President

                                                                        ………………………………..

                                                                        Tripti Pannu, Member.

                                                                        ………………………………..

                                                                        Vijender Singh, Member.