Chandigarh

DF-II

CC/869/2019

Harbhajan Kaur - Complainant(s)

Versus

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

Sukhbir Singh Hooda Adv. & Rishi Dogra Adv.

03 Sep 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

Consumer Complaint No.	:	869/2019
Date of Institution	:	30.08.2019
Date of Decision	:	03.09.2021

 

                                       

                       

 

Harbhajan Kaur wife of Sh.Iqbal Singh r/o H.No.2610, Sector 37-C, Chandigarh.

                                ...  Complainant.

Versus

1. Club Resorto Hospitality Ltd.,  Global Business Park, 307, 3^rd Floor, Bestech Business Tower Sector 66-A, Mohali, Distt. SAS Nagar, Mohali-160066 through its Managing Director.
2. Club Resorto Hospitality Ltd.,  425, 4^th Floor, Qutub Plaza DLF, Phase-I, Gurugram Haryana-122002 through its Managing Director.

(OP No.2 deleted vide order dated 23.03.2021)

…. Opposite Parties

BEFORE:
	SHRI RAJAN DEWAN,	PRESIDENT
	SMT.PRITI MALHOTRA,	MEMBER
	SHRI B.M.SHARMA	MEMBER
Argued by:
	Sh.Harshit Singh, Adv. for the Complainant.
	OP exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the facts of case as alleged by the complainant are that the OP organized event at JW Marriot Hotel, Chandigarh on 06.01.20019 and allured her and others to purchase holiday packages at various places. Allured by the rosy picture, the complainant purchased the membership with the benefit that she would get the facility of 5 Star Hotels during the holiday packages. She paid Rs.98,000/- towards the membership and accordingly the OP-Company issued the receipt showing balance of Rs.22,000/-.  The OP assured to provide single suit for four persons and complementary reward i.e. movie tickets. It was also assured that if the complainant introduces two persons for purchasing the membership then the OP will not charge ASF Rs.10,000/- per year.   The complainant planned a holidays trip and approached the OP who flatly refused and demanded Rs.22,000/- as balance payment and Rs.10,000/- as annual charges besides Rs.300/- per day for each (for breakfast). She apprised the OP regarding the aforesaid facts but they did not give any positive response and informed that Ms.Sonam who was dealing with the membership have already left the job.  Subsequently, she sent emails to the OP to which they sent a vague reply and demanded money, which was not under the membership. Finally, the complainant served a registered legal notice dated 09.05.2019 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 complainant has filed the instant complaint. 
2.         Despite due service through registered post, the Opposite Party failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 11.12.2019.
3.         We have heard the Counsel for the complainant and have gone through the documents on record.
4.         In the exparte evidence, the complainant tendered her detailed affidavit in support of the averments made in the complaint.  Annexure C-1 is a copy of the certificate  of the membership issued by the OP to the complainant, which was valid from 2019 to 2029. Annexure C-2 is a copy of the letter dated 24.01.2019 vide which the OP acknowledged the receipt of Rs.98,000/- towards the membership fee.  Annexure C-3 is the copy of the e-mail dated 29.08.2019 sent to the OP wherein the complainant informed the OP that she did not want to continue the holidays as she is not satisfied with the services of the OP and requested it to refund the amount immediately. The complainant has specifically deposed in the affidavit that the OP had received a sum of Rs.98,000/- towards the membership fee of the OP-Club but they failed to provide the promised services and rather they started demanding the money beyond the membership  and as such she requested the OP to refund the membership fee and even served a legal notice dated 09.05.2019 upon the OPs (Annexure C-4) but the said request was not acceded to.  
5.         It will not be out of place to mention here that despite the requests made by the complainant, no initiative was taken by the OP to refund the amount in dispute even though no services whatsoever have been rendered by the OP to the complainant. The OP is, thus, proved not only to be deficient in rendering the services but also resorted to unfair trade practice by inducing the complainant and other gullible consumers to become its members on the pretext of providing lucrative offers with an intention not to fulfill the same.
6.         The OP despite due service through registered post did not care to contest the case and, as such, it can be concluded without any hesitation that either the OP admits the claim of the complainant or has nothing to say in the matter. 
7.         In view of the above discussion, we are of the opinion that the complaint deserves to be allowed. The same is accordingly allowed. The OP is directed as under :-

1. To refund Rs.98,000/-  i.e. the membership fee to the complainant along with interest @ 9% from the date of its receipt i.e. 24.09.2019 till its realization.
2. To pay Rs.5,000/- to the complainant as compensation for mental agony and physical harassment.
3. To pay Rs.5,000/- as costs of litigation;. 

8.         This order be complied with by the Opposite Party, within 45 days from the date of receipt of its certified copy, failing which the awarded amounts at Sr.No.(ii) shall 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 03/09/2021	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER