DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 294 of 10.11.2022

                                      Decided on: 20.8.2024

Varinder Pal Singh, aged about 59 years S/o Sh.Prithi Pal Singh R/o H.No.J-7/3,Gobind Colony, Ward No.17,Rajpura , District Patiala.

                                                                   …………...Complainant

                                      Versus

Club Meridien (A Unit of Courtyard Holidays Pvt. Ltd.), Corporate Office: 406/252J,Sai Plaza, Sant Nagar, East of Kailash, New Delhi:110065, through its Managing Director.

2^nd Address: Club Meridien (A Unit of Courtyard Holidays Pvt. Ltd.), Registered Office:67/3, 2^nd Floor, Zamrudpur, Greater Kailash, I, N Block New Delhi:110048, through its Managing Driector E-Mail:info@clubmeridien.com.)

                                                                   …………Opposite Party

Complaint under the Consumer Protection Act

QUORUM

                                      Sh.Pushvinder Singh, President

                                      Sh.G.S.Nagi, Member   

ARGUED BY

                              Sh.J.S.Sidhu, counsel for the complainant.

                              Opposite party Ex-parte.

ORDER

                                                G.S.NAGI, MEMBER

1. The instant complaint is filed by Varinder Pal Singh  (hereinafter referred to as the complainant) against Club Meridien (A Unit of Courtyard Holidays Pvt. Ltd.)(hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. Briefly, case of the complainant is that he is retired personnel from MES i.e. Military Engineering Services. It is averred in the complaint that the representative of OP gave presentation of their holiday packages of different tenures at Hotel park Plaza,Sector-17,Chandigarh on 3.1.2021 during which they promised to give accommodations in 4/5 star hotels preferably in 5 star hotel.
3. That complainant purchased a package named “Season & apartment Studio” for 12 nights and 13 days from the OP with enrollment No.MC#17809 and made the payment of Rs.24611/- to the OP through his ICICI Bank credit card on 3.1.2021. That vide email dated 20.5.2022 complainant requested OP for booking of Nainital from 27^th May 2022 to 30^th May 2022 but the same was refused due to super peak time. That complainant again requested for booking vide his email dated 25.9.2022 from 11 Oct 2022 to 23 Oct 2022 for Kerala trip which was again refused by the OP vide email dated 27 Sep 2022 on the ground that they have no tie-up in Kerala .
4. That complainant again approached the OP with the request to intimate him about list of holiday destinations where they have tie-up but instead of giving list of holiday destinations the OP asked the complainant to drop booking request for any of holiday destinations. That complainant requested OP for the refund of the amount of Rs.24,612/- alongwith interest @12% vide his email dated 20 Oct 2022.That instead of giving reply to the said email/notice OP again wrote to the complainant to drop his future booking request vide their email dated 25 Oct 2022.That complainant again requested them for the list of holiday destinations which the OP provided him on 29 Oct 2022.Accordingly complainant applied for booking request for Dharamshala & Dalhousie from 5 November 2022 to 12 November 2022 but the same was again refused by the OP on 31 Oct 2022 on the ground that they have no tie up in Dharamsala & Dalhousie. That the OP failed to give even at least one booking during 22 months which is not only deficiency in service but also unfair trade practice on the part of OP, which caused a lot of mental and physical agony and harassment to the complainant. Hence this complaint with the prayer to allow the same by giving directions to the OP to refund the amount of Rs.24,611/- alongwith interest @18% per annum ; to pay Rs.5,00,000/-as compensation for causing mental agony and harassment also to pay Rs.33000/- as litigation expenses.
5. Notice of the complaint was sent to the OP through registered post but the same was received back with the report of ‘Left’. Then on the request of the ld.counsel for the complainant notice to the OP was sent through its email but even then none appeared nor reply was received on behalf of the OP after expiry of 30 days from the sending of email to the OP. Thus left with no other alternative, OP was proceeded against ex-parte.
6. In evidence, ld.counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to Ex.C46 and closed the evidence.
7. We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
8. The complainant has purchased a package namely Season & Apartment Studio for a consideration of Rs.24611/- as per enrollment ID MG#17809  dated 3.1.2021 as per Ex.C1. The tenure of the plan was valid for two years. The complainant had made the payment of Rs.24611/- as per his credit card statement dated 5.11.2021,Ex.C2.The complainant has alleged that as per the said package there was  a provision of 12 nights and 13 days in the property of Club Meridien. It is alleged that no bookings were given during the first 16 months of the enrollment due to spreading of Covid-19Pandemic. However, on the normalization of the situation the complainant requested for a booking at Nanital from 27.5.2022 to 30.5.2022 i.e. for 3 nights 4 days as per mail Ex.C3. However, the same was refused by the OP as per mail dated 20.5.2022, Ex.C4 on the ground that bookings during super peak time are not acceptable. The complainant has alleged that numbers of hotels were available in those days at Nanital  as displayed in various online sites , the details of which are Ex.C5 to C9 and request of complainant was wrongly rejected on the grounds of non availability of hotels as the booking requested by the complainant pertained to peak period. Again a request was made by the complainant vide e-mail dated 25.9.2022,Ex.C10 for bookings at various sites at Kerala namely Trivandrum, Kanyakumari, Munar and Cochi from 11.10.2022 to 23.10.2022.Again the same was denied by the OP on the grounds that they do not have any tie-ups at Kerala as per their email dated 27.9.2022,Ex.C11. The complainant then requested for list of stations where the bookings can be arranged  vide email dated 27.9.2022,Ex.C12 and again as per e-mail dated 28.9.2022,Ex.C14.However, no such list was provided by the OP. The complainant again requested for booking at Nanital from 26.10.2022 to 31.10.2022 for 6 nights as per email,Ex.C15 which was again denied as per mail Ex.C17 indicating that the OP does not have any tie ups at Nanital and Dharamshala. The complainant was further asked to split his bookings request for 6 nights into two or more lots. Further request for booking vide mail,Ex.C20 could not materialize. The complainant then made a request for the refund of the booking amount of Rs.24611/- alongwith interest as per email dated 20.10.2022,Ex.C23. A request was again made for intimation of the stations where the booking can be arranged by the OP as per mail dated 27.10.2022,Ex.C25. The OP then sent a list of the stations/destinations vide its mail dated 29.10.2022,Ex.C26 and a request was then again made by the complainant  for Dharamshala vide email dated 29.10.2022 Ex.C28 which was again denied by the OP on the ground that they do not have any booking arrangement at Dharamshala and Dalhousie, as per email dated 31.10.2022 Ex.C30.The complainant has alleged that the company is a bogus/fraud company and has placed on record many reviews by the other beneficiaries  which are Ex.C31 to Ex.C39. The complainant has also placed on record the brochure of the company,Ex.C40 to Ex.C44 alongwith proposal letter,Ex.C46. The complainant has alleged that the company is a fraud company and has not honoured its commitments to provide bookings for 12 nights 13 days against the purchase of Season and Apartment Studio for a consideration of Rs.24611/- and has prayed for the refund of the same alongwith compensation and litigation expenses on account of deficiency in service , mental agony and harassment.
9. The evidence lead by the complainant  left un rebutted as the OP has chosen to remain exparte.
10. A study of Ex.C1 reveals that the complainant had purchased a Season & Apartment Studio plan for a consideration of Rs.24611/- on 3/1/2021 which was valid for a period of two years. The complainant had made the payment of Rs.24611/- as per his credit card statement,Ex.C2.Various requests of the complainant for booking at different properties of the OP from time to time, as per e-mail,(Ex.C3 for booking at Nainital),(Ex.C10, for booking at Kerala) (as per Ex.C15 for booking at Nainital), (as per Ex.C2, for booking at Kerala), (as per Ex.C28, for booking at Dharamshala) were not honoured by the OP on the various grounds like the time being the peak season or the OP was not having any tie up at these destinations. It is a fact that the list of the destinations where the booking can be made was not supplied to the complainant at the time of the purchase of the plan and even subsequently also at the request of the complainant made vide e-mail dated 27.9.2022 vide Ex.C12 and e-mail dated 28.9.2022, Ex.C14. The list was finally supplied to the complainant as per Ex.C26 in response to the email dated 27.10.2022,Ex.C25. The complainant then requested for booking at Dharamshala from 5.9.2022 to 9.9.2022 as per Ex.C28 and which was again turned down by the OP as per e-mail dated 31.10.2022,Ex.C30 on the ground that they do not have any tie up at Dharamshala. However, a study of the list supplied by the OP as per Ex.C26, vide email dated 29.10.2022 reveals that both Dalhousie and Dharamshala are included in the list of destinations being provided by the OP. As such the mail of the OP stating that they do not have any tie up at Dharamshala and Dalhousie is not correct and is not tenable. The behaviour of the company has also been highlighted by the complainant as per the various on-line reviews of the company by various customers which are Ex.C31 to Ex.C39, as per which the company had failed to offer satisfactory services to the other consumers also. The request of the complainant for the refund of the booking amount vide email dated 20.10.2022, Ex.C23 was not honoured by the OP. We are of the opinion that OP was deficient in not providing various services to the complainant and have failed to honour the services   under the package purchased by the complainant.
11.  We therefore, partly allow the complaint and direct the OP to refund the amount of Rs.24611/- to the complainant alongwith interest @9% per annum from the date of deposit till realization. The OP is also directed to pay consolidated sum of Rs.10,000/- as compensation  and litigation expenses for causing mental agony and harassment to the complainant. Compliance of the order be made by the OP within a period of 45 days from the date of receipt of certified copy of this order.       
12.           The instant complaint could not be disposed of within stipulated period due to heavy rush of work and for want of Quorum from long time.
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                                              G.S.Nagi                           PUSHVINDER SINGH

                                              Member                          President