Chandigarh

DF-II

CC/601/2019

Ranjit Pal Singh - Complainant(s)

Versus

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

Jatin Khurana Adv.

19 Sep 2022

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	601 of 2019
Date  of  Institution	:	04.07.2019
Date   of   Decision	:	19.09.2022

 

 

 

 

 

Ranjit Pal Singh son of Sh.Kundan Singh, Resident of House No.1103, Sector 68, Mohali.

             …..Complainant

 

Versus

 

1]  Club Resorto Hospitality Ltd., Global Business Park, Khasra No.160, 690/158, 692, ILs B and 694, 159, Bishanpura Zirakpur Distt. SAS Nagar Mohali.

    2^nd Address/New Address:-

Club Resorto Hospitality Ltd., C/o 307, 3^rd Floor, Bestech Business Tower, Sector 66-A, Mohali.

 

2]  Club Resorto Hospitality Ltd., 425, 4^th Floor, Qutub Plaza, DLF, Phase I, Gurugram, Haryana PIN 122002

    ….. Opposite Parties

 

 

BEFORE:  SMT.PRITI MALHOTRA        PRESIDING MEMBER 

                    SH.B.M.SHARMA                     MEMBER

                               

For Complainant : Sh.Jatin Khurana, Advocate

For OPs         : Sh.Vaibhav Jain, Advocate for OP No.1

                   OP No.2 exparte.

 

 

PER PRITI MALHOTRA, PRESIDING MEMBER

 

         Concisely put, the complainant attended an event organized by OPs at J.W.Marriot Hotel at Chandigarh on 2.9.2018 and been shown rosy pictures about their holiday packages promising that the complainant would be provided 5 stars Hotel facility during his availing holiday package facility. It is stated that the complainant being allured by assurances and promises made by officials of OPs about their holiday package facilities, availed it by paying an amount of Rs.3,45,000/- (Ann.C-1).  However, when the complainant planned for holiday trip and searched for the accommodation on the site of OPs having holiday package, he was shocked to know that the OPs were providing only 3-4 star hotels instead of promised 5 star hotel facility.  The complainant brought this matter to the notice of OPs vide email dated 12.3.2019 (Ann.C-2) followed by reminder email dated 20.3.2019 (Ann.C-3) but it was not replied.  Thereafter, the complainant sent email on 29.3.2019 to the OPs followed by reminder as well as legal notice dated 9.5.2019 seeking refund of the amount paid by him (Ann.C-4 to C-8), but to no avail. Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of OPs.     

 

2]       The OP No.1 has filed reply and while admitting the factual matrix of the case, stated that answering OP provide 4 & 5 star hotels as per the list provided by the OP to the complainant at the time of joining the Membership. It is submitted that the complainant sent an email to OP on 27.2.2019 for Holiday booking at Winnies Holiday Resort, Kasauli for 2 nights on 22^nd March & 23^rd March for 3 couples & 3 kids and OP responded to the said email on 28.2.2019.  It is also submitted that the complainant on 28.2.2019 sent an email for change of check out date 25^th March, 2019, but unfortunately the Winnies Holiday Resort was occupied on given date, the OP sent an email on 2.3.2019 to the complainant with two options with similar standard property i.e. ‘Kasauli Resort’ on exchange basis and ‘Tree House Chail’ Villas and after refusal of the complainant, the OP has provided Kasauli Resort by Piccadilly to the complainant on exchange basis which was not in the list of the OP, but complainant did not confirm the booking.  It is stated that as per Membership Rules, all requests for holidays shall be subject to eligibility and availability.  It is also stated that as per Membership Rules, withdrawal of application from Membership Plan shall be permitted within the rescission period which is 15 days from the date of signing the membership application form or realization of the down payment, whichever is earlier.  Pleading no deficiency in service and denying all other allegations, the OP No.1 has prayed for dismissal of the complaint.

         OP No.2 did not turn up despite service of notice, hence it was proceeded exparte vide order dated 5.9.2019.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the parties and have perused the entire record including written arguments.

 

5]       Admittedly, the complainant obtained Membership of OPs for availing Holiday Packages after paying an amount of Rs.3,45,000/-.  It is the allegation of the complainant that in order to avail the services of the OPs, he planned to go for holiday and for said purpose searched the website of OP Company but was shocked to know that the OPs are not giving committed services as regards the hotel facilities. It is claimed that the OPs promised to provide Five Star Hotel Facilities whereas in actual only Three/Four Star Hotel facilities are being provided to the complainant. It is the stand of the complainant that after having experience of not being provided the committed/promised service by the OPs of Five Star Hotels at planned locations, the complainant opted not to continue with the package of the OPs and as such requested for refund of package paid by him.  Repeated request made by complainant were not honoured and thus forced him to file the present complaint.

 

6]       In defence, the OPs claimed to have provided the booking as made by the complainant and when the complainant opted for change, he was told about non-availability and claimed to have provided submitted services. It is also claimed that the complainant failed to ask for the refund within the committed period of 15 days of opting the package, so no refund is maintainable.

7]       We have gone through the record and considered the submissions made by the parties and are of the concerted view that the Opposite Parties are liable to make refund of the package amount to the complainant as they failed to provid the committed services to the complainant.  It is also observed that the complainant rightly opted for the refund of the amount.  So far as the stand taken by the OPs regarding not applying for refund within 15 days period from the date of taking membership is concerned, it is quite logical to comment that in order to take the decision of continuing or not-continuing with the services of OP Company it solely depends upon the experience gained while availing the services so provided by the OP Company.  This is not an insurance policy or any money investment scheme wherein a specific period is given to know about investment pattern and returns etc.  The promised services of the OPs under the package in question can only be adjudged by a consumer only after having availed the same. In this case also when the complainant tried to avail the facility of the OPs, then came to know that OPs failed to provide promised service what they committed at the time of offering the package.  Therefore, the complainant has righty sought refund of his amount.  Thus deficiency in service on the part of OPs is writ large. 

 

7]       From the above discussion and findings, we are of the opinion that deficiency in service on the part of OPs is proved. Therefore, the present complaint stands allowed against OPs with direction to refund an amount of Rs.3,45,000/- to the complainant along with interest @9% p.a. from the date of deposit/payment i.e. 2.9.2018 till its realization. The OPs are also directed to pay an  amount of Rs.20,000/- to the complainant towards compensation for causing him mental agony & harassment due to their deficient act, along with litigation cost of Rs.10,000/-.  

         This order shall be complied with by the Opposite Party within a period of 30 days from the date of receipt of its certified copy, failing which it shall be liable to pay additional compensatory cost of Rs.15000/- apart from above relief.

 

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.   

Announced

19^th September, 2022                                                             Sd/-  

 (PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER