Chandigarh

DF-II

CC/622/2022

ROHIT SAPRA - Complainant(s)

Versus

CLUB MARRIOTT - Opp.Party(s)

RAVI INDER SINGH

15 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	622 of 2022
Date of Institution	:	23.08.2022
Date of Decision	:	15.02.2024

 

        

 

Rohit Sapra s/o Sh.G. R. Sapra, R/o H.No.1312, Silver Tone Society, Sector 48-B, Chandigarh

                 ...  Complainant

Versus

Club Marriott, through its Authorised Representative Hotel JW Marriott, Sector 35-B, Chandigarh

…. Opposite Party

 

BEFORE:  MR.AMRINDER SINGH SIDHU        PRESIDENT

         MR.B.M.SHARMA                 MEMBER

 

Present:

Sh.Ravi Inder Singh, Counsel for the complainant OP exparte.

 

PER B.M.SHARMA, MEMBER

         Concisely put, the complainant is a member of OP Club Marriott since 2014 having Membership No.10006239 and got it renewed regularly year-wise and lastly renewed on 31.12.2019 for the period 01.01.2020 to 31.12.2020 and received coupons/certificates No.10223289001 to 10223289027 for the said year (Ann.C-2 & C-3). It is stated that the said certificates were valid till 31.12.2020.  It is submitted that due to Covid-19 Pandemic government imposed several restrictions.  As a result, the complainant could not utilize the benefits of said coupons/certificates.  It is also submitted that the complainant requested the OP to extend the benefit of his coupons/certificates for further period but they did not pay any heed.  The complainant also sent legal notice to the OP in this regard on 02.06.2022 but to no avail. Hence, this complaint has been preferred alleging the said act & conduct of the OP as deficiency in service and unfair trade practice.

 

2]       The Opposite Party did not turn up despite service of notice sent through regd. Post and as such proceeded against exparte vide order dated 12.04.2023.

 

3]       The complainant led evidence in support of her contentions.

 

4]       We have heard the ld.Counsel for the complainant and thoroughly perused the documents on record. 

 

5]       It is well proved on record from Ann.C-2 & C-2 that the complainant being member of OP Club received coupons/certificates bearing No.10223289001 to 10223289027 carrying expiry date as 31.12.2020.   It is obvious that the complainant could not utilize the said certificates/coupons issued by the OP during the period from April, 2020 till the year 2021 due to outbreak of Covid-19 Pandemic and restrictions imposed by the government in that respect from time to time. Therefore, the complainant is fully entitled to get benefit of said coupons/certificate from the OP. The complainant neither availed the service of the OP nor got refund of the amount paid for renewal of membership.  The complainant also served a legal notice upon the OP vide Ann.C-5 but that too did not yield any result. The complainant has proved his assertions made in the complaint by filing duly sworn affidavit in support of it.   

 

6]       The OP did not appear despite being duly served notice to contradict the allegations in the present complaint, which raises a reasonable presumption that it has nothing to contradict meaning thereby that the OP has admitted the claim of the complainant. The act & conduct of the OP in not renewing or extending the period of unutilized certificates in question of the complainant is illegal and unjustified. Therefore, the deficiency in service and unfair trade practice on the part of the OP is clearly made out, which certainly has caused harassment and loss to the complainant.

7]       From the above discussion and findings, we are of the opinion that the deficiency in service and unfair trade practice has been proved on the part of the OP. Therefore, the present complaint is allowed with direction to the Opposite Party to extend the validity of the membership of the complainant and to extend the validity of coupons/certificates (Ann.C-3) of the complainant upto stipulated period and to pay a lumpsum amount of Rs.15,000/- towards compensation for deficient services and indulging in unfair trade practice, which includes litigation cost as well.

8]      This order shall be complied with by the OP within a period of 60 days from the date of receipt of copy of this order.

        Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

15.02.2024                                                                               Sd/-

 

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

 (B.M.SHARMA)

MEMBER