Chandigarh

DF-I

CC/935/2022

PRITPAL SINGH - Complainant(s)

Versus

C.R.I CLUB PVT. LTD - Opp.Party(s)

01 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/935/2022
Date of Institution	:	22/11/2022
Date of Decision	:	01/02/2024

Pritpal Singh s/o Kulwant Singh, House No.213, Sector 44A, Chandigarh 160047.

… Complainant

V E R S U S

C.R.I. Club Pvt. Ltd., SCO No.35 & 36, 2^nd Floor, Sector 7C, Madhya Marg, Above Indian Oil Office, Chandigarh 160019.

… Opposite Party

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                                               

ARGUED BY	:	Complainant in person
	:	Sh. Dixit Dhiman, Advocate for OP

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by Pritpal Singh, complainant against the aforesaid opposite party (hereinafter referred to as the OP).  The brief facts of the case are as under :-

1. It transpires from the allegations, as projected in the consumer complaint, that on 8.7.2022, complainant had purchased a vacation package from the company representative of the OP on payment of ₹50,000/- by an on-table deal valid for a period of three years and Package Purchase Agreement (Annexure B) (hereinafter referred to as “subject agreement”) was also executed between the parties. Later on, complainant had realized that the package was not suitable for him as he was not able to afford the same due to maintenance charges associated with it. Accordingly, on 16.7.2022, i.e. within the free look period of 10 days, complainant applied for cancellation of the subject product and requested the OP to refund the deposited amount by sending email (Annexure C), but, with no result. In this manner, the aforesaid act of the OP amounts to deficiency in service and unfair trade practice. OP was requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OP resisted the consumer complaint and filed its written version, inter alia, taking preliminary objections of maintainability, cause of action and concealment of facts. It is admitted that the complainant had purchased the subject package, but, alleged that, in fact, complainant has firstly availed the services of the OP by having booking at Hotel Best Western Mierrion at Amritsar and on 14.7.2022 the booking was confirmed to him for two nights in the said hotel and after staying in the said hotel for one night and without informing the hotel authorities or the OP, complainant had checked out from the hotel, as a result of which the OP was compelled to pay an amount of ₹3,500/- to the said hotel.  It is further alleged that immediately after enjoying the package for one night at Amritsar, complainant started raising demand of cancellation of the agreement on 16.7.2022 and as the complainant has concealed material facts from this Commission by not disclosing about his trip to Amritsar, the consumer complaint of the complainant is liable to be dismissed. On merits, the facts as stated in the preliminary objections have been reiterated. The cause of action set up by the complainant is denied.  The consumer complaint is sought to be contested.
3. In rejoinder, complainant re-asserted the claim put forth in the consumer complaint and prayer has been made that the consumer complaint be allowed as prayed for.

2. In order to prove their case, parties have tendered/proved their evidence by way of respective affidavits and supporting documents.
3. We have heard complainant in person, learned counsel for OP and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the parties that the OP is engaged in the hospitality business and deals in providing accommodation at various hotels and resorts all over India and selling vacation packages for the same and the complainant purchased the subject package from the OP vide subject agreement (Annexure R-1) for three years on payment of ₹50,000/- and after enjoying one night stay at Hotel Best Western Mierrion, Amritsar, complainant had requested the OP to cancel the subject agreement and refund the deposited amount, as is also evident from the copy of email (Annexure C), and till date the aforesaid amount has not been refunded by the OP to the complainant, the case is reduced to a narrow compass as it is to be determined if the said act amounts to deficiency in service and unfair trade practice on the part of the OP and the complainant is entitled to the reliefs prayed for in the consumer complaint, as is the case of the complainant, or if the consumer complaint of the complainant is liable to be dismissed on account of concealment of material facts by the complainant, as is the defence of OP.
   2. In the backdrop of the foregoing admitted and disputed facts on record, one thing is clear that the entire case of the parties is revolving around the documentary evidence led by the parties.
   3. Copy of the subject agreement (Annexure B) clearly indicates that the subject package was provided by the OP to the complainant for a period of three years on receiving an amount of ₹50,000/- on 8.7.2022. The subject agreement also provides cancellation option by the customer vide clause 17 and the same is reproduced below for ready reference :-

       “17. Option of Free Look In :-In case 2nd party later on finds that the present product is not suitable to him/her or that there was any mis-sale to him/her in sale of present product, then 1^st party has given an option of free look period of 10 days of signing the present agreement, by which 2^nd party is at liberty to seek cancellation of the present agreement and seek refund of the amount paid by the 2^nd party to the 1^st party. However, in such a case an administrative fee of 15,340/- will be applicable, which will be deducted out of the amount so received by 1^st party while refunding the amount under free look period. In such a case 2^nd party will be under obligation to send a written notice either by post or through email id "info@criclub.in" within 10 days of signing of present agreement. The 1^st party will be liable to refund the amount within 90 days of receipt of the request of refund within free look period after deduction of the administrative fees as aforesaid. For this purpose, 2^nd party will be under obligation to submit his/her bank details along with request for cancellation within free look period and then only his/her request will be entertained.”

 

4. Annexure C is copy of email sent by the complainant to the OP on 16.7.2021 which clearly indicates that the complainant had applied for cancellation of the package within 10 days i.e. as per clause 17 of the subject agreement. 
5. The consumer complaint of the complainant is resisted by the OP solely on the ground that the complainant has concealed material facts about his firstly availing the hotel services at Amritsar, provided by the OP, for one night on 15.7.2022 and thereafter he checked out from the hotel on 16.7.2022 without informing the hotel authorities or the OP, as a result of which the OP was compelled to pay an amount of ₹3,500/- to the said hotel and as the consumer complaint is silent about the said fact, same is not maintainable and is liable to be dismissed. 
6. However, we do not find any merit in aforesaid defence of the OP as it has come on record that the complainant had applied for cancellation of the subject package within the prescribed freelook period of 10 days from the date of the subject agreement.  At the most, complainant is not entitled for an amount of ₹3,500/-, which the OP had paid to the hotel at Amritsar where the complainant had stayed, especially when the complainant is seeking refund of amount, but, on that ground the remaining amount cannot be withheld by the OP since the complainant had applied for cancellation of the subject package and refund of the amount within the prescribed freelook period, provided by OP itself. 
7. As it has already come on record that the aforesaid amount i.e. ₹50,000 – ₹3,500 = ₹46,500/- has not been refunded by the OP to the complainant, till date, it is safe to hold that the said act certainly amounts to deficiency in service and unfair trade practice on the part of the OP and the instant consumer complaint deserves to succeed.

4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OP is directed as under :-

1. to pay ₹46,500/- to the complainant alongwith interest @9% per annum w.e.f. the date of cancellation i.e. 16.7.2022 onwards.
2. to pay ₹3,000/- to the complainant as compensation for causing mental agony and harassment;
3. to pay ₹5,000/- to the complainant as costs of litigation.

5. This order be complied with by the OP within forty five days from the date of receipt of its certified copy, failing which, the payable amounts, mentioned at Sr.No.(i) & (ii) above, shall carry interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
6. Pending miscellaneous application(s), if any, also stands disposed of accordingly.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

01/02/2024 hg	Sd/- [Pawanjit Singh] President
	Sd/- [Surjeet Kaur] Member
	Sd/- [Suresh Kumar Sardana] Member