BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 05^thDAY OF DECEMBER 2024

ORDER

SMT. K. ANITA SHIVAKUMAR, MEMBER

1. Complaint filed under section 35 of the Consumer Protection Act 2019, seeking direction to OP, to refund the entire amount paid towards membership of Rs.2,45,650/- along with interest, award compensation to tune of Rs.6,00,000/- harassement, mental agony, financial losses of the complainant, cost of litigation and such other reliefs.

2. Brief facts of this case are as follows:-

Complainant stated that the OP is engaged in business of providing resort and hospitality services and Head quarter at Blue Mountain Resort, 2^nd floor, Rishi House, near ICICI Bank, KargilChowk, Surat and it has its branch Office at Bangalore. OP engaged in offering accommodation, recreational amenities and related service to guests seeking holiday and leisure experience. Complainant was actively seeking suitable accommodation and recreational activities during holiday and vacations to spend quality time with his family. During his search complainant noticed the advertisements representing holiday and vacation offers at various locations in India and abroad of OP company. He thought of taking membership of OP, approached OP to enquire about the same. After their representation, complainant subscribed his membership with OP by paying membership charges Rs.2,45,650/-. He entered into an agreement with OP on 15/05/2022.

3. Complainant stated that OP misrepresented its offers particularly with the respective “Season less holiday trips”. When the complainant attempted to avail services during peak seasons, the request were arbitrarily denied. Despite numerous attempts to contact the OP, complainant found the provided contact numbers unresponsive, causing mental anguish and frustration. OP’s websiteconstantly malfunctioned, preventing access to promised services.Complainant alleges that OP failed to uphold their contractual obligations.

4. Subsequently, complainant received correspondence from OP via Email regarding Ex-employees solicitation for membership payments, causing doubt on the resort integrity. This communication led the complainant to believe that the services were of a standard that OP ultimately fail to meet it.As a result of aforementioned actions of OP, complainant has suffered financial loss, mental distress and anxiety, due to the membership subscription of the OP. Complainant requested to OP several times to arrange for a holiday package to Dubai and Wonderla, OP given evasive response and denied to arrange for the holiday time.Complainant alleges that despite OP’s clear failure to comply with the any of the promised commitments. Therefore complainant sought refund of Rs.2,45,650/-, OP informed that membership fees is nonrefundable one.Every attempt to plan a vacation or holiday through OP, the complainant met with an evasive behavior, the queries raised through emails and calls many times went unanswered. It caused humiliation, mental agony and even financial loss to complainant.Complainant requested for accommodation on specific dates such as complainant’s birthday and marriage anniversary, OP fail to make necessary arrangement. Therefore, complainant approached this commission for refund of money paid towards membership, compensation and cost of litigation for the deficiency of service caused by OP.

5. Notice sent to OP through RPAD. Service held sufficient on OP. On the date of appearance OP remained absent, hence placed Ex-parte.

6. Complainant filed affidavit evidence along with certificate under section 63 of BharatiyaSakshyaAdhiniyam. Complainant filed 6 supportive documentsto prove his case which are marked as Ex.P.1 to P.7.He also filed written arguments and submitted his oral arguments too. Perused the materials on record and proceed to pass appropriate order.

7. On the basis of above pleadings for our consideration are as follows:-

i) Whether the complainant has proved the deficiency of service on the part of OP?

ii) Whether complainant is entitled for the relief?

iii) What order?

8. Our answers to the above points are as follows:-

                        Point No.1:- Affirmative.

                        Point No.2:- Partly Affirmative.

                        Point No.3:- As per the final order.

REASONS

9. Point No.1 and 2: These points are inter-connected to each other and for the sake of convenience, to avoid repetition of facts, these points are taken up together for common discussion.

10. By perusingthe documents on record, it is proved that complainant has approached OP for the holiday trips and accommodation purpose. OP executivesrepresented as they will arrange the holiday accommodation recreational activities and other offers to complainant, for which complainant has to take membership with OP by paying Rs.2,45,650/-. To prove the same, complainant has produced application form for membership with OP company which is at Ex.P.1 along with terms and conditions agreed between both parties.After obtaining the membership from OP, complainant has requested to arrange the international complimentary trip to Dubai in the month of October 2022. The same has been communicated to OP through email on 26/08/2022, OP did not respond to the Email and also not updated with regard to the arrangement of the complimentary trip to the complainant.When the OP has not properly given response to the Email. Complainant tried to communicate through their official portal and also tried to communicate through phone call, the contact numbers given by OP were not in existence and also website of OP was not functioning. Since 26/08/2022 till 14/09/2022, several communication made by complainant. No response from OP, simply complainant keep on sending mail with no response from OP neither about complimentary trip nor about any updates with regard to the membership,subsequently complainant asked to book Air ticket to the Vishakapattanam on 3/12/2022 journey and for return journey on 5/12/2022. Even though complainant has furnished the dates which are convenient to them and the details of the passengers to OP,finally on 30/11/2022, OP responded negatively.

11. In pursuance to the Email communication with regard to the trips to Dubai and Vishakapattanam, complainant fed up with the attitude of OP. OP neither communicative properly with the members nor arranging the trips and accommodation as assured at the time of subscription. Therefore, complainant sought refund of his paid amount towards membership,when they denied to arrange for requested trips in the Email dated 30/11/2022. On 02/12/2022, OP sent email stating that membership amount was not refundable.It clearly demonstrate OP is indulging in unfair trade practice by collecting huge amount of money towards membership subscription, not providing any trip and accommodation whenever they requested. More so, OP stated that the amount of membership is not refundable, is unjust and unfair.

12. It is pertinent to note that OP is collecting money in the name of membership and retaining the money without refund and also not rendered any services to the complainant. It is not fair on the part of OP to keep membership amount without providing any service as assured at the time of membership. Hence OP is liable to refund the money of Rs.2,45,650/- with interest. OP has to compensate for violation of terms and conditions and also trust of complainant on OP company. OP could refund the amount when they are not able to provide any service when he sought refund on 30/11/2022 itself.If at all OP is genuine at its attitude, could appear before this commission to defend its case.Hence complainant proved his case by filing the materials / evidence which are unchallenged.On the above reasons we answer point No.1 and 2 accordingly.

13. Point No.3: In view of the discussion referred above, we proceed to pass the following:-

:ORDER:

1. Complainant filed this complaint under section 35 of Consumer Protection Act 2019, isallowed in part.
2. OP is directed to refund Rs.2,45,650/- to the complainant with interest at the rate of 10% from 15/05/2022 till the date of order.
3. OP is further directed to pay compensation of Rs.25,000/- for the deficiency of service, caused mental agony to the complainant, Rs.10,000/- towards cost of litigation within 30 days from the date of order. Failing which OP shall pay interest at the rate of 12%per annum on above award amount from the date of order till realization.

4. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 05^THday of DECEMBER 2024)

Documents produced by the Complainant-P.W.1 are as follows: