Chandigarh

DF-II

CC/999/2019

Aaditya Arora - Complainant(s)

Versus

Branch Office: Sterling Holiday Resorts Limited - Opp.Party(s)

In Person

07 May 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	999 of 2019
Date  of  Institution	:	01.10.2019
Date   of   Decision	:	07.05.2021

 

 

 

 

1]  Aaditya Arora son of Sh.Virender Kumar Arora,

2]  Niharika Arora daughter of Sh.Ashok Tandon,

3]  Anika daughter of Sh.Aaditya Arora,

All resident of House No.3463, Sector 37-D, Chandigarh.

             …..Complainants

 

Versus

1]  Branch Office: Sterling Holiday Resorts Limited, S.C.F. 63-64, First Floor, Phase-10, Mohali 160062, Chandigarh through its authorized representative.

2]  Head Office: Sterling Holiday Resorts Limited, 236, 4^th Floor, Purva Primus, Okkiyamtai, Old Mahabalipuram Road, Thoraipakkam, Chennai, Tamil Nadu 600097 through its authorized representative.   

    ….. Opposite Parties 

 

BEFORE:  SH.RAJAN DEWAN             PRESIDENT

         SH.B.M.SHARMA                     MEMBER 

                   SMT.PRITI MALHOTRA             MEMBER

                                                               

 

 

Argued by :-  Complainants in person

   Sh.Ashim Aggarwal, Adv. for OPs

 

PER B.M.SHARMA, MEMBER

 

         Briefly stated, as averred, the complainants No.1 being allured & attracted by the lucrative offers made by OPs,  purchased “VO Plan” in “Holiday  Desire” Membership of OPs for a sum of Rs.2,37,000/- for a tenure of 25 years. The complainant No.1 made payment of Rs.29,638/- (Ann.C-1 to C-3) as down payment and there was 12 EMIs of Rs.17,289/- each. Accordingly, the complainants were provided Membership Kit and Customer ID (Ann.C-4). It is stated that at the time of buying the membership, the representative of OPs promised the complainants to have first class standards of rooms, hospitality and catering services in their hotels and resorts and the rooms would have an attached kitchen.  The complainants were also offered 4 nights & 5 days of free holidays on taking membership. Accordingly, the complainants planned a holiday visit in Mussoorie to avail the free offer of 4 nights & 5 days and OPs duly booked one room with breakfast meals in their Hotel named Sterling Mussoorie-Resorts and Hotels, Mussoorie, Uttarakhand from 19.3.2018 to 23.3.2018.

         It is submitted that on reaching Mussoorie on 19.3.2018, the complainants were not offered Welcome Drinks, the rooms were in very poor condition, it was not having basic living standards nor having attached kitchen, no tea maker or cutlery.  It is also submitted that dinner served to the complainants was served cold and next morning, the monkeys were eating the leftover food in the utensils in which food was served to the complainants at night.  It is further submitted that the Fridge in the room was having fungus, tiles in the room were in a dilapidated state and the food offered by the resort was of poor quality and food was also overpriced (Ann.C-5 to C-7).  It is pleaded that the OPs were required to maintain the quality undertaken by them and on the basis of which consideration for membership service was taken from them, but the OPs remained grossly deficiency in rendering proper service to the complainants.  It is averred that the complainants brought this matter to the notice of OPs and also requested them to cancel the membership and refund the amount so paid, but to no avail, rather they deducted EMI of Rs.17,289/- on 7.5.2018.  Hence, this complaint has been filed.

 

2]        Opposite Parties No.1 & 2 filed reply and while admitting the basic facts of the case, stated that the Complainant executed the Membership Application Form on 27.02.2018 (MAF) and accordingly, Membership ID No.1238077 was issued to the complainants for Blue Studio. It is stated that the complainant made down payment of Rs.29,638/- and had opted to pay the balance membership fees by way of 12 EMI’s of Rs.17,288/- each, out of which only one EMI of Rs.17,288/- has been paid by complainant.  It is also stated that the complainant had not paid the remaining amount of the Membership as well as Annual Subscription Fee for the year 2018 & 2019 respectively. 

         It is pleaded that Sterling Mussoorie Resort, where the complainants stayed, is a flagship resort of the OP Company, which is highly rated on social medial and On Line Travel Agent (OTA) (Ann.OP-5).  It is also pleaded that the complainant was given the best quality of room with all standard facilities as per rated Resorts (Ann.OP-6) and that the complainant has mentioned irrelevant, concocted and false facts to malign the goodwill of the OP Company. It is asserted that the complainants for the sake of rescinding the contract, has levied every allegations against the OP Company.  It is also asserted that the OP Company have fulfilled all the promise made to the complainant, but due to financial liability, the complainant has develop the afterthought and sought cancellation & refund. It is submitted that the complainant was provided best available service and room by the OPs and the complainant by leveling false allegations, sought cancellation of membership and refund. Pleading that there is no deficiency in service or unfair trade practice on their part, Opposite Parties have prayed for dismissal of the complaint.

 

3]       Parties led evidence in support of their contention.

 

4]       We have heard the complainant in person, ld.Counsel for OPs and have gone through entire documents on record.

5]       The thorough perusal of documents placed on record, clearly shows that the Opposite Parties/Sterling Holiday Resorts Limited have failed to render services as per their commitments/promises, which inspired, induced & enticed the complainants to pay hefty amount of Rs.46,927/- (Rs.29638+17289) while opting for their membership. Thus, this Commission is of the firm view that Opposite Parties have failed to provide proper services as per the commitments/promises made to the complainants while offering their membership. 

6]       It is also opined that the complainants has invested their hard-earned money to have some good happy time/outing for their family. The act of the OPs for not arranging proper resort as per their commitment & promises and demanding further amount, despite cancellation request of complainants, amounts to deficiency in service on their part. 

7]       In the light of above observations, we are of the considered view that the Opposite Parties are found deficient in giving proper service to the complainants and having indulged in unfair trade practice. Hence, the present complaint of the Complainants deserves to succeed against the Opposite Parties and the same is allowed qua them. The Opposite Parties are, jointly & severally, directed as under:-

a]  To refund the amount of Rs.46,927/- paid by the Complainants;

b]   To pay a compository amount of Rs.10,000/- to the complainants towards compensation and litigation expenses.

         The above said order shall be complied with by the Opposite Parties within a period of 45 days from the date of receipt of its copy, failing which they shall be liable to pay the above awarded amount along with interest @9% p.a. from the date of receipt of this order till realisation.

        The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced                                                             

7^th May, 2021                                                           sd/-

                                      (RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

 

Sd/-

 (B.M.SHARMA)

MEMBER