Chandigarh

DF-I

CC/202/2024

AMIT GUPTA - Complainant(s)

Versus

CLUB DESTINASIA PRIVATE LIMITED THROUGH ITS MANAGING DIRECTOR OR DIRECTOR OR AUTHORISED REPRESENTATI - Opp.Party(s)

NAVNEET JINDAL

04 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/202/2024
Date of Institution	:	18/4/2024
Date of Decision	:	4/11 /2024

 

Amit Gupta aged 42 years S/o Sh. Satish Gupta R/o House No. 249, Gurdev Nagar, Zirakpur, Punjab.

 

......Complainant

V E R S U S

 

1.       Club Destinasia Private Limited through its Managing Director/Director/Authorised Representative

 

Registered Address:

222, Second Floor, Global Business Park, Zirakpur, Punjab, Pincode: 140603

2. Managing Director/Director/Authorised Representative Club Destinasia Private Limited. 222, Second Floor, Global Business Park, Zirakpur, Punjab, Pincode: 140603

...Opposite Parties

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

 

                                                                               

ARGUED BY	:	Sh. Kartik, Advocate proxy for Sh. Navneet Jindal, Advocate for complainant.
	:	OPs exparte.

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OPs). The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that on 5.6.2019, the complainant visited a hotel where the OPs were promoting their business  and being allured by the said promotion and glossy stories the complainant purchase Club Destinasia ownership plan  by filing an application  Annexure C-1  and made payment of Rs.50,000/-  by using his credit card.  A membership ID CD/5S/10114   was generated in favour of the complainant and he was allowed 20 nights for 5 years  as per welcome email Annexure C-2.  Out of the 20 nights the complainant availed 7 nights  and had paid annual maintenance charges of Rs.5500/- each totaling to Rs.16,500/- . The complainant intended to have short trip  for one day to Chail, Himchal Pradesh from 26.11.2023 to 27.11.2023  by sending an email  dated 20.9.2023 Annexure C-3. However  no response was received from the OPs and thereafter the complainant sent several reminders to the OPs and finally when again no response was received from the OPs the complainant visited  the office and  thereafter the  OPs  replied on 5.10.2023,  but again became silent and the complainant was compelled to send reminder on 14.10.2023,  asking them certain information  like AMC paid, number of nights left and the benefit of COVID period. The OPs responded and disclosed that 13 nights out of 20 nights  are left and AMC of 3 years has already been received.  The complainant again requested the OPs for booking and ultimately they responded  on 18.10.2023  about booking confirmation for ‘Tree House Villa, Chail, Hill Top Bhalwag, post office Janedgha sub tehsil Distt. Junga, Himachal Pradesh but later on requested the OPs to change the date from 26.11.2023 to 27.11.2023  due to personal reasons but no response was given by the OPs. However, when , the complainant called the hotel /property directly he was informed that no such booking has been done by the OPs. In this manner, despite of receiving maintenance charges from the complainant  in  three installments  and by not providing the facility to the complainant as requested by him there is clear cut deficiency in service and unfair trade practice on the part of the OPs. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OPs were properly served and when OPs did not turn up before this Commission, despite proper service, they were proceeded against ex-parte on 30.5.2024.

2. In order to prove their respective claims the complainant have tendered/proved their evidence by way of respective affidavits and supporting documents.
3. We have heard the learned counsel for the complainant 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 complainant that he had purchased the club Destinasia ownership plan  from the OPs by paying an amount of Rs.50,000/-  as club charges and the OPs had agreed to provide 20 nights at different hotels to the complainant, out of which the complainant had already availed 7  nights  and 13 nights were still left and when the complainant made request to the OPs for booking at Chail in Himachal Pradesh, firstly the OP had confirmed  the booking at Tree House Villa, Chail but later when the complainant requested the OPs to change the date the OPs did not respond and when the complainant enquired at his own directly from the hotel/property about the booking he was informed that there was no booking by the OPs, the case is reduced to a narrow compass as it is to be determined if the aforesaid act of the OPs amounts to deficiency in service and the complainant is entitled for the relief as prayed for as is the case of the complainant and for that purpose the documentary evidence led by the complainant is required to be scanned carefully.
   2.  Perusal of Annexure C-1  application form and terms and conditions  indicate= that the complainant had paid an amount of Rs.50,000/- to the Ops for purchase of Club Destinesia Ownership plan and the complainant had also agreed to pay annual charges  to the OPs.
   3.  As it stands proved on record that the complainant has already availed 7 nights out of the 20 nights in the different hotels  under the said plan  being provided by the OPs and the OPs had not provided booking to the complainant at Chail as requested by the complainant which further stands proved  from the documentary evidence  led by the complainant on record,  and the said evidence remains unrebutted by the OPs, it is safe to hold that   the aforesaid act of OPs amounts to deficiency in service and unfair trade practice on their part, especially when the entire case set up by the complainant in the consumer complaint as well as the evidence available on record is unrebutted by the OPs. Hence, the instant consumer complaint deserves to be allowed.
   4. So far as the quantum of relief is concerned as it is admitted case of the complainant that he has already availed 7 nights  out of the 20 nights  i.e. 1/3 nights of the total plan provided by the OPs for 5 years and he paid Rs.50,000/- to the OPs for the said plan, to our mind the complainant is entitled for proportionate refund of the deposited amount, which comes to Rs.34,000/-  out of total amount of Rs.50,000/-.
   5. As far as the maintenance charges are concerned, as it stands proved on record that the complainant had agreed to pay AMC charges to the tune of Rs.5500/-   and paid the same for three years to the tune of Rs.16,500/- and during this period he availed the services of the OPs, hence to our opinion the complainant is not entitled for the refund of the said amount.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OPs are directed as under :-
   1. to pay ₹34,000/- to the complainant alongwith interest @ 9% per annum (simple) from the date of institution of the present consumer complaint till onwards
   2. to pay ₹15000/-/- to the complainant as compensation for causing mental agony and harassment;
   3. to pay ₹10,000/- to the complainant/s as costs of litigation.
5. This order be complied with by the OPs jointly and severally within a period of 45 days from the date of receipt of certified copy thereof, failing which the amount(s) mentioned at Sr.No.(i) & (ii) above shall carry penal interest @ 12% per annum (simple) from the date of expiry of said period of 45 days, instead of 9% [mentioned at Sr.No.(i)], till realisation, over and above payment of ligation expenses.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 4/11/2024 mp			[Pawanjit Singh] President
			[Surjeet Kaur] Member
			[Suresh Kumar Sardana] Member