Haryana

Ambala

CC/426/2019

Nafisa Deswal - Complainant(s)

Versus

Clarks Holidays - Opp.Party(s)

Pawan Yadav

25 Jun 2020

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                          Complaint case No.:  426 of 2019.

                                                          Date of Institution            :  04.12.2019.

                                                          Date of decision    :  25.06.2020.

 

Nafisa Deswal wife of Dr. Shitiz Kooner, resident of House No.46, New Vivek Vihar, Opposite Ranjit Nagar, Ambala City.

                                                                                       …. Complainant.                                                   Versus

1. Clarks Holidays M/s CI Hospitality worldwide Pvt. Ltd. Through its MD/Authorized Representative, having office at Plot No.239, 3^rd Floor, Sant Nagar, East of Kailash New Delhi-110065 India.
2. M/s Clarks Inn Hotel, situated at Jaggi City Center, Near Sena Nagar, Ambala City (HR) through its MD/Authorized Representative.

               ..…. Opposite Parties

         

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Presiding Member,

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Shri Pawan Yadav, Advocate, counsel for complainant.

OPs No. 1 & 2 ex-parte.

 

Order:        Smt. Neena Sandhu, President.

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’), praying for issuance of following directions to them:-

1. To refund the amount of Rs.2,25,000/-, along with interest @12% per annum from the date of deposit till its realization.
2. To pay Rs.2,00,000/- as compensation for the mental agony and physical harassment suffered by her.
3. To pay the litigation cost.
   382.  

Any other relief, which the Hon’ble Forum may deem fit.

 

 

Brief facts of the case are that the OP No.1 is a hospitality firm and has tie up with the OP No.2, situated at Ambala. OPs No.1 and 2, offered a scheme of providing and arranging holidays of 7/8 days in a year for 25 years and discount on food and beverages during stay in Clarks Inn Group of hotels and the cost of this package was Rs.2,25,000/- besides Rs.7500/- as mandatory annual maintenance fee every year. OP No.2 made telephonic calls and messages to the public to opt for the said scheme. On receiving a call from OP No.2, the complainant alongwith her husband approached it. The concerned representatives of OP No.2, explained the scheme, whereby the complainant was offered 7/8 days (7nights/8days) holiday/stay per year, for 25 years in Clarks Inn Group of Hotels throughout India and abroad, as per the convenient and suitable timings of the complainant. The complainant was further offered 20% guaranteed discount on food and beverages, during stay in Clarks Inn Group of Hotels throughout India and abroad. Representatives of the OPs had shown various leaflets, pamphlets and coloured broachers, depicting hotel properties in various cities like Manali (HP), Dalhousie (HP), Delhi, Noida (UP), Shimla (HP), Kathmandu (Nepal) etc. The representatives of the OPs further assured the complainant that they have star rated hotel chain and the complainant will not face any problem whatsoever regarding stay, food and transport facilities. In fact representatives of the OP No.2, assured the complainant that the hospitality of OPs is the best. It was further assured that with the passage of time they will increase the number of hotels at different places. As per the assurance given by the officials of the OPs, complainant accepted the offer and thereby purchased the offered scheme, by paying Rs.2,25,000/- out of which, she paid Rs.1,35,000/- in cash, Rs.40,000/- through  cheque and remaining amount of Rs.50,000/- through card. The OPs issued a receipt Sr. No.1196, dated 16.09.2018 regarding receipt of amount of Rs.2,25,000/-, along with a welcome letter, whereby the membership No.CHRS2018B25S1835 was issued to the complainant. As per the scheme, the complainant approached the OPs No.1 and 2 vide E-mail dated 22.01.2019, for her stay at Clarks Inn Hotel, Goa, for the period from 21^st March, 2019 to 24^th March, 2019. In response to the E-mail dated 22.01.2019, complainant received an E-mail dated 22.01.2019, whereby her request was declined by citing the reason that “This property in Goa has recently been added to the Clarks Inn List and is not operational currently and have no other property in Goa”. Due to decline of the request, the complainant had to arrange alternative accommodation at her own expenses, for which she had to shell out money. Thereafter on 06.04.2019, complainant again requested the OPs for stay in Panchkula for the period from 19.04.2019 to 22.04.2019 i.e for three days, at Hotel Clarks Inn at Panchkula (HR), as she had to attend a function near Clarks Hotel, Panchkula. In response to the E-mail dated 06.04.2019, the complainant received an E-mail dated 08.04.2019 that for the given dates, accommodation at Clark Hotel at Panchkula is not available and insisted the complainant to have an accommodation at Zirakpur (PB). Complainant explained that Zirakpur is at considerable distance from Panchkula and staying at Zirakpur will not be convenient for her and she again had to arrange the accommodation by herself. In July, 2019 complainant made a plan to visit Dalhousie (HP) and sent an e-mail dated 12.07.2019 regarding stay in Dalhousie at Clarks Inn Hotel for the period from 15.08.2019 to 18.08.2019. In response to the email dated 12.07.2019, the complainant received the reply that “due to long weekend on the requested dates, we are unable to confirm your booking”. The sole purpose of the OPs was to extract money from public without any intention to fulfil the promises. The OPs have jointly and severally failed to provide the services as assured. The conduct of OPs is a classic example of deficiency in service. Complainant served legal notice dated 29.10.2019, upon the OPs but they didn’t adhere to reply the same. Hence, the present complaint.

2.                Upon notice, none appeared on behalf of the OP No.1 before this Forum, therefore, it was proceeded against ex-parte vide order dated 21.01.2020.

                   Upon notice, none appeared on behalf of the OP No.2 before this Forum, therefore, it was proceeded against ex-parte vide order dated 28.02.2020.

3.                The learned counsel for the complainant tendered affidavit of the complainant and affidavit of Dr. Shitiz Cooner husband of the complainant as Annexure CA & CB respectively alongwith documents as Annexure C-1 to C-21 and closed the evidence on behalf of complainant.

4.                We have heard the learned counsel for complainant and carefully gone through the case file.

5.                From the welcome letter Annexure C-9 and member details Annexure C-12, it is apparent that the complainant had taken a holiday package worth of Rs.2,25,000/-, having membership No.CHRS2018B25S1835, from the OPs. From the receipt No.1196 dated 16.09.2018, Annexure C-8, it is evident that the complainant had paid Rs.2,25,000/- to the OPs at Ambala. The grievance of the complainant is that on 22.01.2019, she requested the OPs for making arrangements for her stay in Goa, but they refused to do so. On 19.04.2019, she again requested the OPs for booking at Panchkula, but they again refused to provide the facilities, availed by her. On 12.07.2019, for the third time, she requested the OPs for booking in Clarks Inn Hotel at Dalhousie (HP), for the period from 15.08.2019 to 18.08.2019. Even on this occasion, the OPs refused to book the accommodation. Whereas, when she asked for booking without disclosing her membership details then the OPs offered to give the booking in the Hotel for the said period. Inspite of receiving huge amount, the OPs failed to provide the services availed by her, even once, as such the OPs have not only committed deficiency in service but are also indulged into unfair trade practice. The allegations levelled by the complainant have gone un-rebutted as the OPs preferred not to appear before this Forum, as such adverse inference can be drawn that they have nothing to say in their defence. Facing with this situation, we do not have any reason to disbelieve the contention of the complainant that the OPs failed to provide the services and thus, it can fairly be said that the complainant is entitled to get back the amount paid by          

her to the OPs, alongwith interest. She is also entitled to get compensation for the mental agony and physical harassment suffered by her alongwith litigation charges. 

6.                     In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs in the following manner:-

(i)      To refund the amount of Rs.2,25,000/-, to the complainant along with interest @ 7% per annum from the date of deposit i.e 16.09.2018,till its realization.

(ii)     To pay compensation a sum of Rs.8,000/- on account of mental harassment & agony.

(iii)    To pay Rs.5,000/- as cost of litigation.

 

                   The OPs are further directed to comply with the aforesaid directions jointly and severally within the period of 30 days from the date of receipt of the certified copy of this order. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 25.06.2020.

          (Vinod Kumar Sharma)            (Ruby Sharma)     (Neena Sandhu)

              Member                                  Member             President