DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BATHINDA

CC No. 190 of 02-06-2022

Decided on :12-4-2023

1. Manpreet Kaur aged about 27 years W/o Shrey Satija R/o H.No.32234, St. No.11G, Paras Ram Nagar, Bathinda.

2. Shrey Satija ageda bout 30 years S/o Sh. Vijay Satija R/o H.No.32234, St. No.11G, Paras Ram Nagar, Bathinda.........Complainants

Versus

1. Club Prideeo (Medikriti Tours India Pvt. Ltd CPMTIPL O/o Plot No. 3, 3^rd Floor, Guru Nanak Market, Lajpat Nagar IV, New Delhi – 110025 through its Managing Director.

2. Club Prideeo (Medikriti Tours India Pvt. Ltd O/o Plot No. 3, 3^rd Floor, Guru Nanak Market, Lajpat Nagar IV, New Delhi – 110025 through its Authorized Signatory.

   .......Opposite parties

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM:-

Sh.Lalit Mohan Dogra, President

Sh. Shivdev Singh, Member

Present:-

For the complainant : Sh. Varun Bansal, Advocate.

For opposite parties : Ex-parte.

ORDER

Lalit Mohan Dogra, President:-

1. The complainants Manpreet Kaur and Shrey Satija (here-in-after referred to as complainants) have filed this complaint U/s 35 of Consumer Protection Act, 2019, (here-in after referred to as 'Act') before this Commission against Club Prideeo and another (here-in-after referred to as opposite parties).

2. Briefly stated the case of the complainants is that being induced by the opposite party regarding tour, trips and travel offers, they decided to book one package. As per package, the member id is CPMTIPL101M170 and co-applicant named as Mr.Shrey Satija and the tenure of the said membership was total 5 years and total cost Rs.55,000/-, which was paid by the complainants to the opposite parties. As per the terms and conditions, the complainants are entitled to 6 nights and 7 days stay in the coming years. Members can start to avail the services after full payment or minimum 50% of the membership fees.

3. It is alleged that consultant of the opposite parties named Nishika Pawar executed one agreement on behalf of opposite party with the complainants, vide which Rs.55,000/- was received and number of years was mentioned as 5 years and 1000 points have been given alongwith 2N/3D as complimentary trip to the complainants. In clause No. 3 of terms and conditions, it was clearly mentioned by the opposite parties that AMC charges of Rs.8500/- is waived off. After 7^th point, it is clearly mentioned by the opposite parties that 2N/3D Goa/ Andaman complementary trip (Flights + Accommondation + Breakfast + Lunch + Dinner) 2 adults and same was signed by Mr. Lalit Singh i.e. opposite party No.2. The opposite parties had also issued one complementary voucher to the complainants for 3N/4D in their associates resort vide voucher code No. 00111 and the voucher is valid for the locations i.e Solan, Ranikhet, Shoghi, Marian, Jaipur, Shimla, Corbett, Mussoorie. The complainants sent mail to opposite parties on 18-9-2021 to redeem vouher for Japur, but no was received.

4. It is also alleged that the complainants decided to book their complementary trip for Goa 2N/3D in the month of November 2021 and accordingly, the complainants sent a mail to the opposite parties on 09-11-2021 and informed that they want to book a trip for Goa 2N/3D complimentary around 21st Nov,2021 and also inquired about the flight details. But the opposite parties had replied that they need 2-3 working days, so that their team can coordinate accordingly, but the opposite parties did not reply upto 12th Nov 2021. After various reminders from the side of the complainants, the opposite parties given dates 13th Dec to 15th Dec 2021 for Goa location with breakfast, but they demanded AMC charges from the complainants, which is an act of total violation of terms and conditions. The complainants sent screenshot of the policies to the opposite parties where Mrialit Garg (official of opposite party) had waived off the AMC charges and also allocated the complimentary trip to the complainants including flights. The opposite parties not responded over the said issue to the complainants and finally given reply via mail on dated 30-11-2021, vide which the opposite parties given option of hotels for Goa and for Jim Corbett location to the complainants and asked about the dates. Accordingly, the complainants confirmed 24 Jan- 26 Jan 2022 for Goa trip vide mail dated 01-12-2021. But once again, after taking confirmation from the complainants, opposite parties vide mail dated 01-12-2021 refused booking of trip by mentioning that complementary trip is fully reserved till the month of March and membership nights can be availed by paying AMC (Annual Maintenance Charges) of Rs 8500/- and their team will process the booking. Ultimately complainants managed the position by confirming March month as complementary trip. The opposite parties demanded utility charges for the trip of Jim Corbat, whereas the opposite parties issued one voucher to the complainants which was complementary as 3N/4D family holiday in associate resorts. The complainants compromised and submitted confirmation to pay the utility charges, but the opposite parties kept on lingering the dates of the trip with several type of excuses. Finally, on 15-12- 2021, the opposite parties given dates of trip i.e 24jan- 26 Jan 2022 for Goa location and the complainants submitted their "Go Ahead with confirmation” on the same day.

5. It is further alleged that vide mail dated 06-01-2022 the complainants demanded the details of Goa trip so that they can show the same to the hotel staff upon their arrival, but the opposite parties vide mail dated 10-01-2022, refused and informed that all the bookings are on hold due to coming covid guidelines and hopefully complainants will understand the situation and will cooperate with them. The complainant alleged that they booked the flights for the Goa trip as per confirmation given by the opposite parties for the said dates.

6. The opposite parties have not only given wrong assurances but also done wrong commitments with wrong excuses in the matter of the complainants and finally on dated 12-01-2022, they clearly mentioned that booking was not confirmed from their side that was held still on hold. The said response is totally against the law and order and in violation of the consumer law.

7. It is further alleged that opposite parties have given wrong excuses that due to Covid restrictions, bookings are on hold, but the complainants booked their hotels at their own extra expenses as their flights had been booked in advance as per the dates given by the opposite parties, which shows that there was no restriction during the said period related to the Covid.

8. It is further alleged that till date, from last 8 months, the opposite parties have not given single service to the complainants against the said package. The complainants have missed the chance of their honeymoon at the initial stage of their marriage and after waiting for a long period, they arranged the trip at their own with extra costs. Now, there is no meaning of said package for the complainants as the opposite parties have postponed the trip of the complainants many times with the silly excuses, which have no value at all.

9. It is alleged that complainants requested the opposite parties many times to refund their entire money, as the opposite parties have never given any single service against the said package till date to the complainants nor they have given services against the complementary voucher issued against the said package worth Rs.55,000/-, but the opposite parties have not acceded to the request of complainants and given one and other false pretexts and even the opposite parties are demanding more money from the complainants by saying that complainants have put our company in loss by not paying the AMC charges. The complainants are suffering from the said huge loss without any solution.

10. On this backdrop of facts, the complainants have prayed for directions to the opposite parties to refund the entire amount of Rs. 55,000/-with @18% interest w.e.f 16^th september, 2022 till the date of realization; pay Rs.11,640/- being charges for Goa flight booking and Rs.4770/- for booking at Goa hotels. In addition to this, complainants also claimed Rs. 3,50,000/- as compensation for causing harassment, mental agony, pain and for spoiling the honeymoon period of the complainants and Rs.50,000/- as litigation expenses.

11. Registered A.D. Notice of complaint was sent to the opposite parties but none appeared on their behalf. As such, exparte proceedings were taken against them.

12. In exparte evidence, complainants tendered two affidavits namely Manpreet Kaur dated 2.6..2022 (Ex. C-1) and Shrey Satija dated (Ex.C-13) and documents (Ex.C-2 to Ex.C-12).

13. We have heard learned counsel for the complainants and gone through the record.

14. To prove his case, counsel for the complainant has placed on record affidavit of complainant and receipt of payment of Rs. 55,000/- to the opposite parties Ex. C-3. The opposite parties remained absent and exparte. A perusal of Ex. C-4 Holiday Membership Purchase Agreement, shows that annual maintenance charges of Rs. 8500/- were waived off by the opposite parties and also offered 2 nights and 3 days at locations Goa and Andaman as complementary trip including flight charges, accommodation, breakfast, lunch and dinner for 2 adults. Counsel for the complainant has made reference to the correspondence between the complainant and the opposite parties Ex. C-6 as per which it is clearly established that whenever complainant made request for booking his trip with the opposite parties, the opposite parties denied the booking by taking frivolous excuses and further vide e-mail dated 30-11-2021, the opposite parties offered two locations and directed the complainant to chose one from the two options. Accordingly, as per mail dated 1-12-2021, the complainant has given suitable dates and thereafter vide e-mail dated 1-12-2021, the opposite parties have demanded annual maintenance charges of Rs. 8500/- from the complainant in utter violation of agreed terms as per Ex. C-4. Even the complainant agreed to pay utility charges for Jim Corbett trip vide his e-mail dated 2-12-2021 but inspite of that the booking were not confirmed by the opposite parties. Thereafter as per e-mail dated 3-12-2021, the opposite parties had apprised the complainant regarding non-confirmation of booking and thereafter complainant arranged tickets for Goa trip in March for prior booking as per e-mail dated 3-12-2021 but the opposite parties failed to provide any booking to the complainant. After that, vide e-mail dated 15-12-2021, the opposite parties apprised the complainant that they can arrange his booking in one of the options given for Goa locations and complainant was asked to go ahead, which was replied by the complainant on the same day but inspite of that no confirmed booking was provided by the opposite parties on account of which the complainant had to arrange booking with some other hotel by making payment. Since the complainant had already booked air tickets as per Ex. C-8, as such, the complainant has fully established deficiency in service and business malpractice on the part of the opposite parties.

15. Accordingly, present complaint is partly allowed and opposite parties are directed to refund the amount of Rs. 55,000/- to complainant with interest @ 9% p.a. w.e.f. 16-9-2022 till realization. The opposite parties are also directed to pay damages to the complainant to the tune of Rs. 15,000/- for mental tension, harassment and cost of litigation.

16. The compliance of this order be made within 45 days from the date of receipt of copy of this order.

17. The complaint could not be decided within the statutory period due to heavy pendency of cases.

18. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

    Announced :

    12-04-2023

    ( Lalit Mohan Dogra)

    President

     

     

    (Shivdev Singh)

    Member