BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

========

Brig. D.S. Sarao (Retd.), 1553, Sector 18-D, Chandigarh – 160018

…..Complainant

                 V E R S U S

Club Mahindra Holidays, SCO No.411/412, Sector 35-C, First Floor (Above Café Coffee Day), Chandigarh

                      ……Opposite Party

CORAM:   P.L. AHUJA                    PRESIDENT

RAJINDER  SINGH  GILL            MEMBER

         DR.(MRS) MADANJIT KAUR SAHOTA    MEMBER

Argued by:    Complainant in person.

              OP exparte. 

PER DR.(MRS) MADANJIT KAUR SAHOTA, MEMBER

         In brief, the complainant, in response to the allurements as well as promises made by the representatives of the OP, became the Member of OP Club and deposited initial amount of Rs.29,285/-. The Membership Details/ Membership Form (Ann.-1) was also got signed from the complainant.  The complainant opted for Studio and Red Plan. However, no document/holiday voucher or any other details were given to the complainant regarding complimentary holiday except the re-assurance that the holiday as requested, is agreed to. The PDC/ECS cheques for monthly installments towards total payment were collected by the representative of the OP from the residence of the complainant (Ann.2).  The complainant and his wife visited the office of OP to avail their services for their planned holiday for Mashobra.  They were told not to worry and a Holiday Voucher (Ann.-3) was handed over. The complainant sent an e-mail to OP asking for confirmation, which they replied through SMS to the effect that reservations/accommodation for the dates asked are not available, whereas the OP had already been informed on 24^th June about their plan to move on holiday from 10^th August onwards.  Resultantly, the complainant instructed his Banker to block all further payments, as he did not want to avail membership with Club Mahindra. This was also informed to Club vide e-mail Ann.-4.  The said e-mail was replied by the OP vide Ann.C-5 & C-6.  It is contended that the OP never intended to provide the holiday on the dates & venue as agreed, but willfully dilly-dallied the matter, so that the next deposit due on 7^th August could also be collected.  It is averred that the complainant was informed telephonically by the OP that he shall not be given the refund of initial deposit since 10 days had elapsed from the date of taking membership.  Alleging the said act of OP as gross deficiency in service and indulgence into unfair trade practice, the present complaint has been filed.

2]       None has appeared on behalf of the Opposite Party, hence it was proceeded against exparte on 18.10.2012.

3]       Complainant led evidence in support of his contentions.

4]       We have heard the complainant in person and have perused the record.

5]       The main contention of the complainant is that the OP failed to provide him the promised/assured holiday facility to Mashobra.  They expressed their regret on account of non-availability of accommodation at Mashobra, whereas the OP was well informed on 24^th June about their plan to move on holiday from 10^th August onwards. As such, the complainant sought refund of his initial deposit from the OP, but they refused it. 

6]       The complainant’s becoming a Member of OP Club on depositing initial amount of Rs.29,285/- has been proved from Ann.1 (Form) as well as Ann.-2 (Payment Receipt).    

7]       The OP did not turn up, in response to the notice of the complaint, to say anything in its defence or to rebut/controvert the allegations made by the complainant.  Thus, the non-appearance of the OP proves that the OP has nothing to say in rebuttal and the allegations made by the complainant are correct.  

8]       Moreover, when no services have been availed of or provided to the complainant by the OP after receiving consideration of Rs.29285/-, the OP cannot retain the same.  The act of the OP by neither providing any facility/service to the complainant nor refunding the amount received from the complainant, certainly amounts to gross deficiency in service and unfair trade practice on its part.  Thus, it is proved that the OP remained grossly deficient in rendering proper services to the complainant also indulged into unfair trade practice.

9]       As a result of the above discussion, we allow this complaint and direct the OP to refund the initial deposit amount of the complainant i.e. Rs.29,285/- with interest at the rate of 9% p.a. from the date of its deposit i.e. 01.07.2012 till its actual payment.  The OP is also directed to pay litigation cost of Rs.5000/- to the complainant.

         This order be complied with by the OP within a period of 30 days from the date of receipt of copy of this order, failing which it shall be liable to refund above said amount of Rs.29,285/- along with interest @18% p.a. from the date of its deposit i.e. 01.07.2012 till its actual payment besides paying litigation costs as aforesaid.

         Certified copies of this order be sent to the parties free of charge.  The file be consigned.