Chandigarh

DF-II

CC/742/2015

Manisha Sukhija - Complainant(s)

Versus

Club Group of Hotels head office at Ski & Snow Resorts Pvt. Ltd., - Opp.Party(s)

Vikram Singh Adv.

31 May 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	742 of 2015
Date  of  Institution	:	28.12.2015
Date   of   Decision	:	31.05.2016

 

 

 

 

 

1]  Manisha Sukhija w/o Sh.Ajay Kumar, R/o House No.70, Hill View Enclave, Dhakauli, Mohali, Punjab.

 

2]  Sh.Ajay Kumar, R/o House No.70, Hill View Enclave, Dhakauli, Mohali, Punjab.

 

             …..Complainantss

Versus

 

1]  Club Group of Hotels, Head Office at Ski & Show Resorts Pvt. Ltd. Panjabi Colony, Gali No.2, Kashipur Road, Ramnagar-244715 Nainital Uttrakhand.

 

2)  Club Group of Hotels Corporate office at Unit No.407&408, Goverdhan Building 53-54, Nehru Place, New Delhi 110019.

 

3)  Icon Hotel SCO No.58-61, Sector 8-C, Chandigarh.

 

4)  East Bourne Hotel, A unit of M/s Oak Holidays and resorts India Pvt. Ltd. having local office at SCO 13-14-15, Second floor above Dominos, Sector 34-A, Chandigarh.

….. Opposite Parties

 

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

                                SH.JASWINDER SINGH SIDHU  MEMBER

         MRS.PRITI MALHOTRA        MEMBER

 

   

 

 

 

For complainants        :     Complainants in person.

 

For Opposite Parties    :     exparte.

 

 

PER PRITI MALHOTRA, MEMBER

 

 

          As per the case, the complainants visited Elante Mall, Chandigarh where the representative of Opposite Party No.1 i.e. Club group of Hotels Pvt. Ltd. met the complainants and told that they are filling up coupons for lucky draw on behalf of Opposite Party No.1 where participants can win free vacations for 3 days and 4 nights for couple and 2 kids at  resorts situated in various parts of India and abroad as well. The complainants filled in the coupons and after some days received a call from the representative of Opposite Party No.1 that their coupon has been selected for prize in lucky draw and the complainants have to collect the coupon from Icon Hotel, Sector 8,  Chandigarh i.e. Opposite Party No.3, which is their brand partner for Chandigarh region.  The complainants alongwith family went to Opposite Party No.3 where they met the representatives of the company Sh. Arun Mishra and Rohit Gupta who described the vacation plan to the complainants and told that the price of the vacation plan would be Rs.45,000/- for 5 years, which included 35 nights at any resort of the company situated in India and abroad to be used in the span of five years which also included free stay/free food for the complainants and their family members i.e. 2 adults and 2 kids .  The complainants deposited the requisite membership fee of Rs.45,000/- on 6.9.2015 with Opposite Party No.1 who in response issued gold card.  It is pleaded by the complainants that they opted for the said package to make their daughter happy who is suffering from serious heart ailment (dilated cardio Myopathy) The grouse of the complainants is that when they planned a holiday at Shimla resort of Opposite Party No.1 and Emailed them for booking of studio Apartment for 26.9.2015 to 27.9.2015 for 2 adults and 2 kids as per their package, it failed to give any booking to the complainants till Oct. 12, 2015. Despite several requests finally they sent confirmation voucher for Shimla at Opposite Party No.4 for 17.10.2015 and 18.10.2015 and as such Opposite Party No.1 spoiled the fixed schedule of the complainants for 26.9.2015 &27.9.2015. It is alleged that thereafter Opposite Party  No.4 Emailed a confirmation voucher dated 12.10.2015 to the complainants for 2 adults only and 0 kids mentioning therein 30% discount on food instead food being free as per promise of Opposite Party No.1.  The complainants protested the same. Opposite Party No.1 clarified that earlier the food was free but now it would be chargeable as the policy has been changed that too at the time of check-in and they also apologized for this. The complainants demanded refund of their money from Op No.1 but it denied the same. Hence this complaint has been filed alleging deficiency in service and alleging unfair trade practice on the part of the Opposite Parties.

2.     Since none appeared on behalf of Opposite Parties 1&2 despite due service, hence, they were proceeded against exparte on 15.2.2016 similarly Opposite Party No.3 was proceeded exparte on 10.3.2016 and Opposite Party No.4  was proceeded against exparte on 19.5.2016.

 

3.     The complainants led evidence in support of their version.
4.     We have heard the complainants in person who reiterated the facts mentioned in the complaint. We have also gone through the record carefully.
5.     In the present case, the averments of the complaints have gone unrebutted in the absence of the Opposite Parties who were duly served and preferred neither to appear in person, nor through their Counsel. It is established beyond all reasonable doubt that the complaint of the Complainants is genuine. The harassment suffered by the Complainants, firstly, on account of receiving late the confirmation voucher of later date for their holidays to Shimla beyond the schedule already fixed by the complainants and family and that too after a lot of Email correspondences with the OPs, copies of contents of the same are placed on record.  Thereafter OPs contrary to their promise denied free food facility to the complainants in the resort on the ground that now the same are chargeable because of change of rule, though no prior intimation regarding the same was given to the complainants. It is evident from the Email correspondence placed on record that the complainants protested the issue with the OPs but they did not give any concrete reason as to why the food has been made chargeable despite being declared/agreed free while issuing membership to the complainants. Even the vacation plan was for two adults and two kids but the Opposite Parties issued the confirmation voucher for 2 adults only which is also beyond the agreement of the parties. All the averments of the complainants are well supported by the evidence placed on record. As stated above even none has come present on behalf of the Opposite Parties to rebut the allegations of the complainants which are duly supported with duly sworn affidavit. It seems that OPs either admitted the claim of the complainants or have nothing to rebut. Thus under these circumstances it is held that there is a definite deficiency in service on the part of the Opposite Parties,  hence the present complaint deserves to be allowed against them.

 

2.     In the light of above observations, the present complaint succeeds against the Opposite Parties. The same is allowed qua them. We direct the Opposite Parties jointly and severally, as under:- 

        

[a]      to refund the membership fee of Rs.45,000/- to the complainants with interest @12% p.a. from the date of deposit till realization.  

 

[b]      To pay a composite amount of Rs.15,000/- to the complainants towards compensation on account of deficiency in service and thrusting litigation.

 

         The above said order shall be complied within 30 days of its receipt by the Opposite Parties jointly & severally; thereafter, they shall be liable to pay an interest @18% per annum on the amount at (a) from the date of filing of the complaint till it is paid, apart from paying composite amount.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

 

Announced

31.5.2016                                                 

                                                                                                Sd/-

 (RAJAN DEWAN)

PRESIDENT

 

Sd/-

 (JASWINDER SINGH SIDHU)

MEMBER

 

 

Sd/-

(PRITI MALHOTRA)

MEMBER