Punjab

Ludhiana

CC/18/746

Shamal Dhingra - Complainant(s)

Versus

Century Holidays - Opp.Party(s)

S.S.Heer Adv.

18 Mar 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 746 dated 24.12.2018                  

                                      Date of decision: 18.03.2021. 

 

Shamal Dhingra aged about 34 years son of Sh.Tirlok Kumar Dhingra r/o House No.555-B, Block-Aggar Nagar, Ludhiana-141001.                                                                                                                 ..…Complainant

                                                Versus

1.Century Holidays (A Division of Flowery Club India Pvt.Ltd.,) Mumbai, Andheri Kurla, Level-4, Dynasty A Wing, Andheri Kurla Road, Mumbai-400059 through its Proprietor/Partner/Authorized Signatory.

2.Sh.Manoj Kumar, Branch Head, Century Holidays (A Division of Flowery Club India Pvt. Ltd.,), A-6/84, Ground Floor, Gali No.3, Guru Nanak Pura, Laxmi Nagar, Delhi-110092.

3.Shivam, Manager at Century Holidays (A Division of Flowery Club India Pvt. Ltd.,), C/o Lodhi Club, Ferozepur Road, Ludhiana.                                                                                                                …..Opposite parties

              Complaint under Section 12 of Consumer Protection Act, 1986

QUORUM:

SH. K.K. KAREER, PRESIDENT

MS.JYOTSNA THATAI, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh.S.S.Heer, Advocate

For OPs                         :         Exparte.

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                Shorn of unnecessary details, the case of the complainant is that the OP3 allured the complainant to purchase a membership of Century Holidays for a period of 25 years. The complainant paid Rs.2,50,000/- as vacation ownership fee and Rs.15,000/- on account of administration charges. OP3 handed over a letter to the complainant regarding confirmation of membership and receipt of membership fee of Rs.2,65,000/-. Thereafter, the complainant received contract No.1013 dated 13.05.2018 in his name and that of his wife Mrs.Rabia Dhingra. As per the contract, the complainant was entitled for a week’s accommodation for 6 nights/7 days per year for 25 years. The complainant was also entitled to complimentary 4nights/5days accommodation with two return air tickets to any one of the places i.e. Bangkok, Bali, Dubai or Malaysia. After receipt of the membership booking with the OP1, the complainant sent an email to the OPs for tie up with hotel for one night stay at Madhurai and two nights stay at Rameshwaram Jyotyirlinga Dham from 23.06.2018 onwards. Thereafter, the complainant requested the OPs to book flight tickets and accommodation in Dubai for 6 nights and 7 days from 30.12.2018 to 05.01.2019 vide email dated 01.09.2018. The OPs sent the reply on 01.09.2018 asking the complainant to book Dubai flight and hotel on his own and further that the OPs would reimburse the assured amount accordingly against the international complimentary voucher. As per the assurance of the OPs, the complainant booked flight and hotel for Dubai from his own and sent the bills and receipts of the flight tickets and hotel booking to the OPs, receipt of which were confirmed by the OPs vide their email dated 17.09.2018. On 20.10.2018, the complainant sent another email to the OPs but they did not reimburse the money spent by the complainant on air tickets and hotel bookings in Dubai. The complainant has been regularly contacting the OPs telephonically and through emails for the reimbursement of the amount of bills but to no avail. Eventually the complainant served a legal notice dated 19.11.2018, but despite that the OPs have not reimbursed any amount to the complainant. Under these circumstances, the complainant has been left with no option to get the membership cancelled as the above stated acts of the OPs clearly amounts to deficiency of service and unfair trade practice. In the end, it has been requested that the OPs be directed to refund Rs.3,98,882/- to the complainant along with interest @12% per annum along with compensation of Rs.1 lac and litigation expenses of Rs.33,000/-.

2.                Notice of the complaint was issued to the OPs who did not turn up despite service and were proceeded against exparte.

3.                In exparte evidence, the complainant submitted his affidavit Ex.CA along with documents Ex. C1 to Ex.C24.

4.                We have heard the counsel for the complainant and have gone through the record on file very carefully.

5.                It has been stated by the complainant in the complaint as well as in the affidavit Ex.CA that he obtained membership from the OPs for a sum of Rs.2,65,000/-. The receipt of Rs.2,65,000/- is mentioned in the letter Ex.C3 issued by the OPs. It is further mentioned in the letter Ex.C3 that as per the membership, the complainant is entitled for a week’s accommodation (6N/7D) per year for 25 years with maximum occupancy of 2 adults and 2 kids in an apartment. It is further mentioned that the member is also entitled to get complimentary 4N/5D accommodation with two return air tickets to any of the places i.e. Bangkok, Bali, Dubai and Malaysia. The certificate of membership Ex.C5 was also issued to the complainant. In the another communication sent by the OPs to the complainant, which is Ex.C7 on the file, it is mentioned that the complainant would get complimentary 4N/5D accommodation with 2 return air tickets to any of the places i.e. Bangkok, Bali, Dubai and Malaysia. It is further mentioned in the communication Ex.C13 sent by the OPs to the complainant that the OPs will reimburse the assured amount against the international complimentary voucher and further that the complainant should book air tickets and hotel accommodation to Dubai at his own end. However, the OPs did not reimburse the amount of two return air tickets to Dubai and hotel booking expenses spent by the complainant vide invoice Ex.C15 amounting to Rs.1,33,882/-. This clearly not only amounts to deficiency of service but also is an unfair trade practice on the part of the OPs. The allegations made in the complaint and in the affidavit Ex.CA have gone unrebutted on record as the OPs did not chose to contest the case and were proceeded against exparte. In these circumstances, this Commission is of the considered view that since it has been proved on record that the OPs have been guilty of providing deficient service and have also been resorting to unfair trade practice, they are liable to refund the membership fee of Rs.2,65,000/- to the complainant as the complainant does not want to retain the membership any further. Since the complainant is withdrawing from the membership itself and claiming refund of membership fee paid by him, it is the considered view of this Commission that the complainant cannot be held entitled for the reimbursement of expenses spent by him on air tickets to Dubai and hotel accommodation charges at that place.

6.                As a result of above discussion, the complaint is partly allowed to the extent that the OPs shall refund the amount of Rs.2,65,000/- to the complainant along with interest @8% per annum from 13.05.2018 till the date of actual payment. The complainant is further held entitled to a compensation of Rs.20,000/- (Rupees Twenty Thousand only) and litigation expenses of Rs.10,000/-(Rupees Ten Thousand only). The compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules.

7.                File be indexed and consigned to record room.    

8.                Due to rush of work and spread of COVID-19, the case could not be decided within the statutory period.

 

                           (Jyotsna Thatai)                                             (K.K.Kareer)

                    Member                                            President

Announced in Open Commission.

Dated:18.03.2021.

Gurpreet Sharma