Chandigarh

DF-II

CC/123/2020

Surinder Garg - Complainant(s)

Versus

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

Adv.Lalit Sharma

19 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	CC/123/2020
Date of Institution	:	18/02/2020
Date of Decision	:	19/09/2024

       

                                       

                       

 

 

1. Surinder Garg aged about 51 years s/o Sh. Sukhdev Chand Garg;
2. Kamal Garg aged about 49 years w/o Sh. Surinder Garg;

Both residents of Flat No.1579, Pushpac Complex, Sector 49B, Chandigarh.

                                ...  Complainants

Versus

1.Club Resorto Hospitality Ltd., 804A, 805, 806, 807, Skylark Building 60, Nehru Place, New Delhi-110019 through its Managing Director/Chairman.

2.Club Resorto Hospitality Ltd., 307, 3^rd Floor, Bestech Business Tower, Sector 66A, Mohali 160066 (India).

…. Opposite Parties

 

BEFORE:
	SHRI AMRINDER SINGH SIDHU	PRESIDENT
	SMT. SURJEET KAUR	MEMBER

 

ARGUED BY:
	Sh.Lalit Sharma, Counsel for complainants (through VC)
	None for OPs

       

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.        The complainants have filed the present consumer complaint alleging that executives of the OPs had called and invited them to visit Hotel James Plaza, Chandigarh with regard to obtaining membership of the OPs/Club. Accordingly, complainants visited the said hotel on 17.11.2019 and after filling the relevant forms became member of the OPs/Club for a period of five years and paid ₹80,000/- i.e. ₹60,000/- through ATM and ₹20,000/- in cash.  As per terms and conditions of membership, ₹9,999/- was to be paid every year for about next five years to continue with the membership. Since the complainants found that because of studies of their children they could not afford the membership, they sent a registered letter dated 18.11.2019 (Annexure C-4) to the OPs, which was also sent through email (Annexure C-7), with the request to cancel the membership and refund the amount. In response, complainants received email dated 19.11.2019 whereby the OPs  stated that they had forwarded the request to the concerned team and assured to revert within 5-7 working days. On 28.11.2019, complainants sent registered letter to OP-1 again requesting to cancel the membership and refund the amount. However, in spite of sending letters for cancellation of membership, vide letter dated 20.12.2019 OPs totally illegally approved their membership.  Left with no alternative, complainants sent a legal notice dated 2.1.2020 but to no avail.  It is the case of the complainants that in terms of clause 7 of the Agreement/Luxury Holiday Package Rules, OPs were bound to refund the entire amount to them. Alleging that the aforesaid act amounts to deficiency in service and unfair trade practice on the part of OPs, complainants have filed the instant consumer complaint seeking refund of the amount paid alongwith interest, compensation and litigation expenses.
2.        In its written version OP-1 did not specifically dispute the factual matrix. It is averred that the complainants approached the OPs for holiday package and signed the Executive Package Form. It is further averred that the complainants made a false and concocted story and the electronic documents without certificate under Section 65-B of Evidence Act is not admissible.  It is stated that the membership is confirmed and approved once member paid the membership fee. The remaining allegations have been denied being false. Pleading that there is no deficiency in service or unfair trade practice on their part, OPs prayed for dismissal of the complaint.
3.        Complainants led evidence in support of their contentions, however, OPs did not file evidence by way of affidavit despite of the opportunity granted.
4.        In replication, complainants controverted the stand of the OPs and reiterated their own.
5.        We have heard the learned Counsel for the complainants and have gone through the documents on record, including written arguments.
6.        It is observed from the record that the complainants had purchased the Luxury Holiday Package (LHP) from the OPs by paying total consideration of ₹80,000/-, which fact has also not been disputed by the OPs in their written version.
7.        It is further observed from the record that after execution of the package form and becoming members of the OP/club on 17.11.2019, complainants had requested them vide letter dated 18.11.2019 (Annexure C-4) and email dated 19.11.2019 (Annexure C-7) to cancel the membership and refund the amount paid. The OPs acknowledged the receipt of email/request from the complainants vide their email dated 19.11.2019 (Annexure C-7).  
8.        In this regard, Rule 7 of the Luxury Holiday Package Rules (annexed with Annexure C-1) is very relevant and the same is reproduced below :-

“7.   Termination

7.1   Rescission Period Termination/Cancellation: Every client shall be entitled to Cancel the LHP within 10 days from the date of sign-up or realization of the down payment, whichever is earlier, provided such request for withdrawal is made in writing and signed (in case of joint application by all the Applicant) and reaches Company within aforesaid period of 10 days. In the event of such withdrawal, Company shall refund the entire amount received from the Client towards the LHP Charges within 60 days from the receipt of request for withdrawal…….”

In view of the afore-extracted clause, it is clear that the client/customer was entitled to cancel the package within 10 days from the date of sign-up. 

9.        Once it is clear from the record that the complainants had sent request for cancellation of the membership and refund of the amount on 18.11.2019 and 19.11.2019 i.e. within two days from date of signing i.e. 17.11.2019, which was also acknowledged by the OPs through email dated 19.11.2019 (Annexure C-7) itself, it was incumbent upon the OPs to have cancelled the package and returned the amount to the complainants forthwith, but they failed to do so. 
10.        Even otherwise, when admittedly no services had been provided by the OPs to the complainants, till date, they cannot be allowed to usurp the amount deposited by the complainants.  Hence, failure of the OPs to cancel the package in question and refund the deposited amount to the complainants certainly amounts to deficiency in service and unfair trade practice on their part. 
11.        In the light of aforesaid discussion, the present consumer complaint deserves to succeed and the same is accordingly partly allowed. OPs are directed to cancel the Membership of the complainants and refund the deposited amount of ₹80,000/- to them alongwith interest @ 6% per annum from the date of request made by the complainants for cancellation of the package i.e. 19.11.2019 till the date of its actual realization.
12.        This order be complied with by the OPs within 60 days from the date of receipt of its certified copy.
13.        The pending application(s) if any, stands disposed of accordingly.
14.        Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

 

Announced 19/09/2024 hg	[AMRINDER SINGH SIDHU] PRESIDENT
	[SURJEET KAUR] MEMBER