DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.
Consumer Complaint No.222 of 25/06/2018
Decided on: 24/07/2019
Savit Aggarwal son of Sh. Narinder Aggarwal, aged 41 years, resident of House No.61, Raghbir Nagar, Model Town, Patiala.
….Complainant
Versus
1. Century Holidays, A Divison of Flowery Club India Pvt. Ltd. Andheri Kurla, Level-IV, Dynasty-A Wing, Andheri Kurla Road, Mumbai-400059, through its M. D.
2. M/s Flowery Club India Pvt. Ltd.,A-6/84 Ground Floor,Street No.3, Guru Nanakpura Laxmi Nagar, Delhi-110092 through its Partner/ Proprietor.
….Opposite parties
Complaint U/S 11 to 14 of the Consumer Protection Act.
QUORUM
Smt. Inderjeet Kaur, Member
Sh. B. S. Dhaliwal, Member
ARGUED BY:
Sh. Dhiraj Puri Adv. counsel for the complainant.
OPs ex-parte.
ORDER
B. S. DHALIWAL, MEMBER
1. The complainant Savit Aggarwal (here- in- after referred as complainant) has filed the complaint u/s 12 of the Consumer Protection Act 1986 (here-in-after referred as Act) against Opposite parties (here-in-after referred as opposite parties).
2. Briefly stated that the complainant has averred that on 24th of March 2018, the complainant received a call from OP No.1 to come present along with spouse at “Rajindra Gymkhana and Mahindra Club (RGMC)” Patiala. On reaching there the agents of OPs allured the complainant that he shall get a complimentary holiday coupon in India or outside India at resorts in the Century Holidays Hotel and Resorts. These Calls were only for the privilege members of the “RGMC” and the complainant is a member of “RGMC” having Membership No.0867.
3. It is pleaded that on 25th March 2018, the complainant along with his wife namely Kalpana reached “RGMC” wherein, the representative of OP No.1 namely Mr. Manoj and Mr. Vipin narrated the whole plan/scheme of holiday packages for ten years in advance in their resorts and hotels. As per their projections, they projected themselves as one of the best professional team who believe in providing best services in providing holidays, pleasure in luxury standards and also provide to manage and give best bookings for an amount of Rs.1,25,000/-. That complainant alongwith his cousin Vikas Gupta agreed to the projections made by the representatives of OP No.1 and 2 and handed over the amount of Rs.25,000/- in cash to the representative vide receipt Sr. No.156 dt. 25/3/2018 and Rs.1 lakh through cheque drawn on HDFC Bank Patiala in favour of OP No.2 along with Rs.9000/- plus taxes as annual maintenance charges (AMC). Besides, in order to have a feel of the services of the OP and their destination for getting into the agreement, provides the additional offer of one complementary Holidays on 3N 4D of Singapore which includes stay for the family of the complainant, one side Air Tickets for the family members (three members) with the option in increase of a day to stay from Quota Holidays with the option to have a stay on cruise for two nights three days.
4. It is also pleaded that in the month of April, the complainant received membership card and other material wherein costing and other parts were not satisfied and clear. To ensure and clarify the facts, the complainant tried to call Manager Mr. Vipin and Mr. Manoj but there was no response from their side. Then the complainant sent an e-mail to the company yet there was no response for 15 days. Even the complainant call upon Ms. Swati (Executive of OP) at least three times in a week, but this time, it came into the knowledge of the complainant that the OP falsely projected about themselves and have befooled the innocent complainant. After many calls when the representative of OP described and told that there would be no cruise and the exchange cost of stay shall be paid by the complainant for complementary holiday. It was revealed by the complainant that the hotel which were offered were available at the costs which OP No.1 used to charge in the name of DAE and even at the time of sale, the complainant was told the properties and the destination are of 4 to 5 star but in Singapore Trip, they offer only 1 to 2 Star only and that of higher charges. By this time the complainant and the family of his cousin ( who also became member of OP on the same day) have not booked any holidays, as such, the complainant requested Swati to plan for 6 nights and 7 days in Singapore with the approval to bear additional costs, but again the OPs tilt from their words and updated the complainant that it was a peak season in Singapore and six nights seven days are not possible. Whereas, Manoj and Vipin has projected the complainant about no peak season. This discussion continued about two weeks. Finding no solution the complainant raised a complaint with the higher authorities, but the OPs never paid any heed to the genuine request of the complainant. Between this period, the representative of OP namely Swati offered another destination vacation for Thailand as a complementary offer. The complainant agreed with offer for two days in phuket, two days in Krikreti and two days in Bangkok but again the OPs messed up the offer and tiled from their stand and again wasted 1 ½ week to arrive on some conclusion. The another complaint was raised by the complainant, then the complainant was arranged talk with Mr. Gaurav (Director) and he promised to resolve the matter with better proposal. Thereafter, Swati again offered to re-imburse Rs.25000/- against Air ticket and an offer for a domestic stay for 6N 7D in Manali as a complementary. But again, on one pretext or the other, the properties choosen by the complainant from the list of detailed properties of the OPs were not available and the properties which were shown mention in the broacher were not available for the complainant and after few discussion, Swati clearly denied for any proper stay and flatly refused to reimburse the amount. After that she never tried to call back the complainant and never tried to pay any heed to the genuine request of the complainant. In fact her tone was rude and unbecoming of an educated employee. After some time, the complainant specifically told to return the entire amount of Rs.1,25,000/-, but the representative told the complainant that the OP company has no policy to return the amount. The complainant told her that they were told and promised that before entering into any agreement, initially to have a feel of the properties belonging to the OPs and after satisfying themselves, only the agreement would have come into existance. Thus on this issue it was made clear to the complainant by Vipin and Manoj within the agreement entered upon, specifically made a cross in the agreement. Moreover, when the initial offer/ complementary offer was not fulfilled as per the satisfaction of the complainant, which was though a complementary for which the complainant alongwith his family harassed badly due to the unprofessional behaviour/ approach of the OPs.
5. It is further contended that even after receiving the Email, the OPs never tried to pay any heed to the genuine request of the complainant.
6. In the segnal of these facts the complainant has prayed:
To refund the amount of Rs.1,25,000/- alongwith interest @ 18% p.a. from the date of deposit till its actual realization.
To pay Rs.50,000/- on account of mental harassment, agony and pain.
To pay Rs.22000/- as legal charges for this forced litigation.
7. Notices were issued to the OPs to contest the claim of the complainant. OP No.1 despite service failed to put appearance, hence proceeded against ex-parte. The service of OP No.2 could not be effected in ordinary way and as such notice was published in a news paper for its appearance but despite publication Op No.2 did not appear and ordered to be proceeded against ex-parte.
8. Complainant was afforded opportunity to produce his evidence.
9. In support of his case, the complainant tendered in to evidence his affidavit Ex.CA, copy of club membership card Ex.C-1, copy of holiday coupon Ex.C-2, Copy of discussion Ex/C-3, copy of receipt no.156 Ex.C-4, copy of contract Ex.C-5, copy of membership certificate Ex.C-6, copy of membership card Ex.C-7, Copies of Emails Ex.C-8, copy of What's app chat Ex.C-9, copy of list of hotels Ex.C-10, copy of receipt Ex.C-11 and closed the evidence.
10. Ld. Counsel for the complainant filed written arguments.
11. We have carefully perused the complaint, gone through the evidence produced on file and heard the arguments addressed by the ld. counsel for the complainant.
12. It is an admitted fact that the opposite parties had allowed the complainant to be the member of their club. This fact is coroborated by the documents Ex.C-3. At the instance of OPs and their high projected propositions the complainant paid Rs.25,000/- in cash and Rs. One lakh by way of Cheque vide receipt dt.25/03/2018 (Ex.C-4) and in token of membership of the OPs club, a certificate Ex.C-6 was issued and also membership card Ex.C-7 by the OPs. The certificate of membership (Ex.C-6) indicates the membership period is for 10 years, apartment 2/2, Type Membership 6 nights/7 days and co-applicant is Rashmi. List of OPs Holiday hotels and resorts is Ex.C-10 which can be utilized by the complainant as per terms and conditions being a member of the OPs club.
13. Complainant contemplated his tour programme and long conversation exchanged through mails (Ex.C-8) between the complainant and the Executives of OPs. The relevant extracts which reflects the attitude of the OPs are as under:-
12 April 2018
Request you to plan our itinerary for Singapore holiday destination for 6 nights and 7 days. Also please suggest the sight seeing places.
Itinerary should be for families of
Savit Aggarwal (CH 10 DEL 211)
Vikas Gupta (CH 10 DEL 212)
27 April 2018
In reference to your request it was 3N/4D but it got extended to 6N/7D. So we have already sent your request to concern authorities. We are working on your booking and will revert you ASAP.
8 May, 2018
Totally dissatisfied with the services of your organisation. Your executives are not making things clear to the customers in first hand. I have been writing to your company since 12.04.2018 but there is no official communication from your side. Pl see the chain mail. There is always one side communication i.e. from our side.
I have been asking for the pricing and tentative costs of this trip but your executives are fooling us around like anything. This has put me and my family under extreme harassment. We are being communicated unofficially for the costings and one executive says one thing and other says totally different thing.
As per commitment made by your marketing representative Mr. Manoj and Mr. Vipin our amount will be refunded if commitment gets wrong or we are not satisfied with the services, and both the things have happened in this case. Me along with my brother had opted for the membership of your co. but it seems there is no professional staff there in the company who could make things clear to anybody.
Since We are dissatisfied customers we ask for the refund of full amount as per our membership numbers
CH 10 DEL 211 125000/- SAVIT AGGARWAL
CH 10 DEL 212 125000/- VIKAS GUPTA
I hope atleast this commitment will be fulfilled.
24 May, 2018
Hi Sir,
Greetings from Century Holidays!
Please shares dates Please confirm dates between 15 June-25 June?
For 5N/ 6D
Please confirm dates and revert ASAP
22 May, 2018
We don't want to avail the tickets in domestic or international flights we just want the refund as per ur talk.ASAP.
On Tue, 22 May 2018,3.27p.m. Swati swati.......wrote
Hi Mam,
The property which are mentioned are only available in tie-up.
The property you demanded comes under exchange tie up. Exchange rate will be 9000/- for a week (6 nights/ 7Days). Where as, property you demanded are coming available after 10th July.
21 May, 2018
Hi Mam
Greetings from century Holidays!
Please find below options as per requested:-
Gezelling Inn- Tree Hill cottage & Kanyal Villas
Royal Park Resort
Snow Touch Resort
Amara Resort
The Serenity Resort & Spa
Hotel Sitara international
19 May, 2018
We want to know if u can can give us complimentary holidays + voucher gift holidays that is 6 nights in manali and please confirm us the expenses we would have to bare. Plus please refund is the amount of Singapore tickets at your earliest.
Total rooms 2 rooms
Total Membership
in first room 2 adults + 1 child (14 yr)
Total members
in 2nd room 2 adults + 1 child (14 yr)
Check in 10th June
Total nights 6
24 May, 2018
Dear Swati
please go through the details of messages you were exchanging on whats app.. We had clearly told you to book our holidays from 10th of June. because after 18th our kids have to join their academies....
You need to make the arrangements from 10th onwards for 5n6d....
Property has already been told to you.
You people failed to provide us the international trip due to late and incomplete information...
on your request we had compromised the intl trip and had opted for local holidays..... now again you people r not able to make the necessary arrangements in time...
Going to manali on the dates given by you are not possible..... this was clearly told to you and Manoj.
Your senior Mr. Gaurav had promised me to give the best solution to this issue.....but sorry to say every time we are been ditched and harassed.
24 May, 2018
Hi Sir,
Sorry for inconvenience. Will surely share booking detail and confirmation by tomorrow. At desirable dates.
14. From the perusal of above referred longconversation between the complainant and OPs, it reveals that the complainant initially planned for international trip which was not approved by the OPs and complainant subsequently planned the trip for Manali the same was also not favourably approved by the OP rather kept on making lame excuses. In fact the complainant is at liberty to plan his trip as per his own convenience. While taking into consideration his family circumstances and to plan as per the whims of OPs. OPs were supposed to provide prompt approval to the plans of the proposed tour/ trip of the complainant. OPs were failed to provide services to the complainant which were expected by the complainant from the club being a Member. This not only amounts in deficiency in service but it is also an unfair trade practice on the part of the OPs since the OPs had failed to provide service to the complainant. Since the OPs have failed to abide by the contract entered with the complainant, therefore, it is liable to refund the amount to the complainant lying deposited with it along with interest.
15. The whole purpose of pleadings is to give fair notice to each party of which the opponent's case is and to ascertain with precision the point(s) on which the parties agree and those on which they differ. The purpose is to eradicate irrelevancy. The complaint is a concise statement of facts and if no reply is filed to the complaint, the averments made there are deemed to have been admitted. No amount of proof can substitute pleadings, which are the foundation of the claim of the parties. The opposite party did not appear before this Forum despite service and presumption of service was raised and it was proceeded against ex-parte. Thus, the evidence adduced by the complainant remains unrebutted. In view of this all the averments made in the complaint are deemed to have been admitted by the opposite party and no adverse inference is to be drawn against it.
16. Thus allowing the complaint, we direct the OPs to refund the amount of Rs.1,25,000/- + Rs.9,000/- + GST along with interest @ 9 % PA from the date of its receipt by the OPs till final payment with another sum of Rs.10,000/- as compensation inclusive of costs for causing harassment, inconvenience, mental torture including litigation expenses within a period of 45 days from the date of receipt of the certified copies of the order.
17. The complaint could be decided within the statutory period due to heavy pendency of cases.
18. Certified copy of this order be sent to the parties free of costs under the rules and file be indexed and consigned to the record.
PRONOUNCED
DATED: 24/07/2019
B. S. DHALIWAL INDERJEET KAUR
MEMBER MEMBER
