BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

 Complaint No.460 of 2023

      Date of Instt. 21.11.2023

      Date of Decision: 17.05.2024

Saravpreet Singh S/o S. Tejinder Singh permanent resident of H. No.562, Green Model Town, Jalandhar- 144001 also resident of H. No.202, C-Block, JLPL Sky Gardens, Sector 66-A, Mohali, Punjab- 160055.

..........Complainant

Versus

1.       Club Resorto Hospitality Limited, through its Director Ravi     Kumar Singh, D-12, First Floor, Kalkaji South Delhi DL 110019       IN also Flat No.804A, 805, 806 and 807 Skylark Building, Nehru    Place Delhi South Delhi DL 110019.

2.       Club Resorto Hospitality Limited, through its Director Abhishek       Gautam, D-12, First Floor, Kalkaji South Delhi DL 110019       IN also Flat No.804A, 805, 806 and 807 Skylark Building, Nehru    Place Delhi South Delhi DL 110019.

3.       Club Resorto Hospitality Limited, through its Director Aditya Kumar Pandey, D-12, First Floor, Kalkaji South Delhi DL           110019 IN also Flat No.804A, 805, 806 and 807 Skylark           Building, Nehru Place Delhi South Delhi DL 110019.

4.       Club Resorto Hospitality Limited, Corporate Office, through its         Authorized Agent, Building No. 24, Level 3, Okhla Phase III, Okhla Industrial Estate, New Delhi-110020.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       Smt. Harleen Kaur, Adv. & Miss Anchita, Adv. Counsels for the Complainant.

                   OPs exparte.

Order

Jyotsna (Member)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the OPs approached the claimant with an enticing holiday package membership offer. The OP's assured the complainant that they were a prominent luxury resort and hotel management company dedicated to providing exceptional service to their customers. They expressed their vision of becoming the largest chain of hotels and resorts in India by the year 2031. The claimant, relying on OP's commitment to provide extraordinary service, opted to avail of their services. OP, on 30.01.2023, booked a Club Resorto Holiday Package Membership for the complainant, amounting to Rs. 60,000/-, which was paid via the complainant's credit card, same is Ex.C-1. The complainant received confirmation of the membership via email dated 01.02.2023, followed by a more detailed email on 13.02.2023 outlining the package's commitments. Subsequently, on 16.02.2023 and 17.02.2023, the complainant received further emails confirming the aspect related to the Annual Maintenance Charges (AMC). In order to obtain the promised facility, the complainant contacted the OP's via email dated 21.03.2023 to inquire about scheduling a trip to Ooty, same is Ex. C-3. The request was made for two rooms, with a check-in date of 06.04.2023 and a check-out date of 09.04.2023, respectively. Despite the complainant's numerous inquiries on the confirmation of the trip; OP's failed to give any relevant information, as a matter of fact no details were provided at all by the OP forget about the time frame, thereby preventing the complainant from availing the package in accordance with the agreed terms and conditions. Consequently, due to time constraint, the complainant was compelled to cancel the trip. It is important to acknowledge that the complainant's inability to make the trip to Ooty, despite having paid for the OP's membership, can be attributed to the OP's lack of professionalism and deficiency in service. Following this, there was still no response to the information requested by the complainant from the side of OP's. Consequently, the complainant had to request the OP's for the refund of Rs. 60,000/- that the complainant had paid for the membership of OP's as they had failed to deliver on their initial assurances and commitments made to the complainant at the very first enquiry only. The OP's responded to the refund emails sent by the complainant and even acknowledged via email dated 11.04.2023 that the complainant's case has been forwarded to a legitimate team and that it will pursue the documents and will initiate the refund accordingly. On 16.04.2023 complainant received an email from the OP's stating that the cancellation request of the membership of the complainant has been accepted and that the OP would be sharing the refund declaration form and the needful would be done within 30 working days procedurally. On 18.04.2023, the complaint was provided with the refund declaration form. Subsequently, the complainant completed the form in its whole with the intention of obtaining a refund in the sum of Rs.60,000/-. Upon further inquiry from the complainant subsequent to the completion and due submission of the refund declaration form, OP's communicated via email on 10.05.2023 that the refund would be initiated within a span of 30 business days, starting from 17.04.2023. Since the email dated 18.04.2023, several months have passed, and the OP's have not processed the amount of Rs.60,000/- into the 2023 complainant's account. This glaring delay exemplifies the OP's complete failure to uphold their stated commitments and assurances. The OP's have dishonestly misappropriated the sum of Rs.60,000/- that the complainant paid for the membership. It is evident that the OP had no genuine intention to fulfill the terms and conditions as agreed upon in the vacation purchase agreement. Instead, they resorted to mentally harassing the complainant, solely with the intention of extracting money from complainant's pocket. The complainant has made a number of diligent attempts to contact the OP's regarding the refund of amount of Rs.60,000/- through emails (dated on 28.03.2023, 30.03.2023, 01.04.2023, 03.04.2023, 06.04.2023, 08.04.2023, 10.04.2023, 12.04.2023, 13.04.2023, 15.04.2023 and many more by his email sarav1313@gmail.com) However, these efforts have yielded nothing but unprofessional responses from the side of respondent company despite assurances of refund. Such responses, characterized by indifference and lack of accountability, have caused significant mental harassment and distress to the complainant, who had rightfully sought clarification and resolution of the matter through proper communication channels. The complainant has also taken legal recourse by serving a formal legal notice dated 19.09.2023 to the OP's, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to  promptly release the payment of Rs.60,000/- along with the interest of 18% from the date of deposit of the said amount with the OPs as not even a single service has been provided by the OPs at any point of time in any manner whatsoever. Further, OPs be directed to pay a compensation of Rs.2,00,000/- for causing mental tension and harassment to the complainant and Rs.25,000/- as litigation expenses.

2.                Notice of the complaint was given to the OPs, but despite service all the OPs failed to appear and ultimately all the OPs were proceeded against exparte.

3.                In order to prove his exparte claim, the counsel for the complainant has tendered into evidence affidavit of the complainant Ex.CA alongwith some documents Ex.C-1 to Ex.C15 and closed the evidence.

4.                We have heard the learned counsel for the complainant and have also gone through the case file very minutely.

5.                In nutshell, the case set up by the complainant is that the complainant purchased holiday package membership from OPs on 30.01.2023 for an amount of Rs.60,000/- on 21.03.2023. In order to avail above facility, the complainant asked the OPs for scheduling a trip to Ooty and booked two rooms in Ooty from 06.04.2023 to 09.04.2023. Despite numerous enquiries the OPs failed to book the trip. Consequently, the complainant required the OPs to refund the membership of Rs.60,000/-. The OPs agreed to refund the same within 30 business days starting from 17.04.2023, but despite commitment, the OP has failed to refund the same till date.

6.                On the other hand, the OPs have not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-15.

7.                From the scrutiny of the pleadings as well as documents, it reveals that the complainant had purchased holiday package membership from the OP and paid membership fee Rs.60,000/- on 30.01.2023 Ex.C-1. In order to avail the facility, the complainant asked the OP via email dated 21.03.2023 Ex.C-3 and Ex.C-4 to book a trip to Ooty and made the request for two rooms with a checking in date 06.04.2023 and check out date 09.04.2023. However, despite repeated reminders OPs failed to book the same. Consequently, the complainant requested the OPs vide email dated 11.04.2013 Ex.C-5 for the refund of Rs.60,000/- which he had paid as membership fee. OPs accepted the request vide email dated 16.04.2023 Ex.C-6 and sent the refund declaration form stating that refund would be initiated within a span of 30 business days. After receiving the form OP vide their email 10.05.2023 Ex.C-8 advised the complainant to count on the working days from 17.04.2023. The OPs have not made the payment as agreed till the filing of the complaint nor the refund request has been processed by the OP. It is clear cut case of deficiency in service against the OPs, thus, the complainant is entitled for the relief and the complaint of the complainant is partly allowed and OPs are directed to refund Rs.60,000/- alongwith interest @ 9% per annum from the date of payment till the date of refund. Further, OPs are directed to pay a compensation including litigation expenses of Rs.10,000/- for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

8.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

17.05.2024         Member                          Member           President