Chandigarh

DF-II

CC/786/2019

Group Captain Narendra Jit Singh Rishi (Retd) - Complainant(s)

Versus

Club Resorto Hospitality Ltd. - Opp.Party(s)

Inderpreet Singh Adv.

02 Nov 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	786/2019
Date of Institution	:	13.11.2019
Date of Decision	:	02.11.2020

 

                                       

                       

1. Group Captain Narendera Jit Singh Rishi (Retd.).
2. Mrs.Harsh Rishi w/o Group Captain Narendera Jit Singh Rishi (Retd.)

Both residents of H.No.965, Sector 2, Panchkula, Haryana -134112.

...Complainants

Versus

1.     Club Resorto Hospitality Ltd., through its Managing Director having its Office at 307, 3^rd Floor, Bestech Business Tower, Sector 66-A, Mohali, Punjab -160066.

2.     Club Resorto Hospitality Ltd., through its Manager, having its Office at 804-A, 805, 806, 807, Skylark Building 60, Nehru Place, New Delhi-110019.

…. Opposite Parties

BEFORE:
		SHRI RAJAN DEWAN,	PRESIDENT
		SMT.PRITI MALHOTRA,	MEMBER
		SHRI B.M.SHARMA	MEMBER
Argued by:-
	None for the complainant.
	OPs exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the facts of case as alleged by the complainant are that the employees/ representatives of the OPs offered to provide an exceptional holiday experience and invited them for a presentation at JW Marriot Hotel in Sector 35, Chandigarh.  It has further been averred that the presentation of Membership Plan was given by MrAchal Dubey and Mr Vikram Kohli, who enticed the complainants by offering on the spot discounts and a holiday voucher, if they would pay, immediately for an alleged membership of the holiday package. They were also assured by the OPs that they have nothing to fear if they apply and make the payment immediately as they can simply apply for the cancellation/ withdrawal of the preliminary membership within 15 days of signing of the Agreement and deposit of the full membership fee, if they do not find the offer to be satisfactory and the money would be refunded within 30 days of the submission of the application.  

                It has further been averred that
believing the representation and offers made by the OPs to be true, the complainants paid Rs 75,000/- through the credit card as full membership fee for 05 years. The complainants were asked to fill a form bearing No. CR 185020780 and were issued an Approval Form cum Receipt (Annexure C-2), duly signed the representatives of the OPs. The OP gave a Gift 3 voucher of 02 nights / 03 days.   It has further been averred that in the Application Form (Annexure C-1), the Enrolment Benefits are stated to be of 06 nights / 07 days and the package is of 10 years and the same was duly signed by the Manager Shri Achal Dubey as Authorized Club Resorto Consultant, but in the later correspondence, the period was reduced to 30 nights for 05 years and in addition to the Membership Fee, an ASF charge of Rs. 10,000/- was illegally added. It has further been averred that the complainants found a number of lacunae and deficiencies in the offer and could not get satisfactory answers from OP representatives and as such the complainants decided to cancel the membership and on 04.01.2019, the complainant No.1 contacted Miss Janvi and informed her that they wanted to withdraw from the membership of CLUB RESORTO and requested for the refund of their Membership fee of Rs.75,000/- and they were advised by Miss Janvi to simply write an e-mail for withdrawal and refund. The requisite e-mail was sent to the OP on the same date i.e., 04.01.2019 (Annexure C-4), which was acknowledged by Ms.Janvi vide company’s e-mail dated 05.01.2019 (Annexure C-5) wherein it was that the needful would be done.   Subsequently, the complainants wrote number of e-mails dated 05, 09 and 17 Jan 2019, and finally on 03 Feb 2019, but to no avail.  Finally, the complainants got served a legal notice dated 13.03.2019 upon the OPs but to no effect. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainants have filed the instant complaint.   

2.         Despite due service through registered post, the OPs failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 10.02.2020.
3.         We have heard the Counsel for the complainant and have gone through the documents on record.
4.         The complainants were fascinated by false exaggerated promises of OPs regarding providing vacation facilities on gaining their Membership.  Accordingly, the complainants have paid a sum of Rs.75,000/- on 27.12.2018 through credit card but the OPs, even after getting such a huge amount, failed to provide them the offered facilities along with other extra special benefits/offers, which itself amounts to deficiency in rendering proper service.
5.         Being dissatisfied with the services/offers, the complainants made a request to the OPs within 8-10 days from the date of taking membership for its cancellation on 04.01.2019 (Annexure C-4) and the said request for cancellation of the membership and refund of the amount was duly acknowledged by the OPs vide e-mail dated 05.01.2019 (Annexure C-5) but despite this they failed to refund the membership fee to them.  Subsequently, the complainant exchanged number of e-mails and even got served a legal notice through their Advocate upon the OPs requiring them to refund the membership fee of Rs.75000/-  with interest but they did not take any pain to resolve the genuine grievance of the complainants. Ultimately, the complainants have to file the instant complaint against the OPs seeking refund of the deposited amount. The aforesaid acts on the part of the OPs themselves amount to deficiency in service or unfair trade practice.  Had the OPs redressed the grievance of the complainants promptly on receipt of the request then the position certain would be different but they did not do so for the reasons best known to them.  The OPs cannot, by any of the provisions, forfeit the amount of the complainants and as such are liable to pay back the same i.e. Rs.75,000/-.  
6.         The OPs failed to fulfill their commitment as assured and have also deprived the complainant of their hard earned money without any default on their part and rather they themselves enjoyed the fruits of the said amount for fairly a long period and as such the complainants are liable to be compensated on account of the physical harassment and mental agony. The aforesaid acts on the part of the OPs not only amount to deficiency in service but also indulgence into unfair trade practice. In this backdrop, we are of the considered view that the ends of justice would be met if the complainants are awarded a sum of Rs.11,000/- on account of compensation for mental agony and physical harassment and Rs.7,000/- as litigation expenses.
7.         In view of the foregoing discussion, the present complaint is allowed qua the OPs and they are directed to :-
   1. Refund Rs.75,000/- along with interest @ 9% p.a. from the date of its deposit till its realization to the complainants.
   2. Pay a sum of Rs.11,000/- towards compensation for mental agony and physical harassment to the complainants.
   3. Pay a sum of Rs.7,000/- as litigation expenses.
8.      This order be complied with by the OPs, within 30 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(ii) shall also carry interest @9% per annum from the date of this order till its actual payment besides compliance of other directions.
9.           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

 

Announced 02.11.2020	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER