Punjab

Fatehgarh Sahib

RBT/CC/1259/2018

Jagjit Kaur - Complainant(s)

Versus

Club Resorto Hospitality Ltd - Opp.Party(s)

Sukdev Singh Khokher

18 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,   FATEHGARH SAHIB.

RBT/CC/1259

CC/1259 of 2018

                                                                             Date of Institution:03.12.2018

                                                                             Date of Decision:18.10.2022

Jagjit Kaur W/o Naresh Kumar, R/o Ho No.150, Sec-23A, Chandigarh.    

                                                                                      …………Complainant 

                                                     Versus

Club Resorto Hospitality Ltd., through its authorized representative.

First Address:- G-36, Connaught Place, New Delhi, 110001.

Second Address:- 222, Global Business Park, opposite Metro Mall, Zirakpur, 140603.                                                                                                                                                                                                             …………..Opposite Party(s)

 

Complaint under  Section 12 of the Consumer Protection Act 1986

Quorum:  Sh. Pushvinder Singh, President

                 Ms.Shivani Bhargava, Member

                 Sh. Manjit Singh Bhinder, Member

 

Present:     Sh. SukhdevSingh Khokhar, Counsel for complainant.

                  OP Ex-Parte.

 

 

Order By

SHIVANI BHARGAVA, MEMBER

 

 

1.           The present  complaint has been filed by Mrs. Jagjit Kaur, complainant under Section 12 of the Consumer Protection Act, 1986(old) against the opposite party(hereinafter referred to as OP) alleging unfair trade practice with the prayer for giving direction to the OP to refund Rs.50,000/- @12% per annum from 22.04.2018 till actual payment and compensation of Rs.75,000/- for causing harassment, mental agony and to pay Rs.20,000/- as litigation charges.
2.             The  brief facts of the complaint are that the Complainant  is a housewife. She alleged that marketing agent of the OP i.e. Club Resorto Hospitality Ltd. met her in April, 2018 in Elante Mall, Chandigarh. He told her about the attractive features of services offered by the Club. One of the representative of OP called her some other day and asked her to come to Hotel 6, Zirkpur Punjab where they  were having an exhibition for explaining their plans. She was told by representative of the OP that on buying membership of their Club for Rs.50,000/- on EMI basis, Complainant can book Hotel, Resorts and Villas by selecting from a brochure which contains a list of Hotels, Resorts and Villas at various domestic as well as international locations for 4 nights per year for 5 years on the following prices:-

1. Rs.1999/- per night in India.
2. Rs.2999/- per night in Asia.\
3. Rs.3999/- per night in US/Europe/Australia

Attracted by this, Complainant agreed to become a member of the Club  by paying Rs.50,000/- on EMI basis. But OP deducted full amount from her HDFC credit card on 22.04.2018 and on opposition from Complainant on this, he told her that EMI to be made only by bank not by them and later on bank also refused. Representative of OP got her signature on some printed forms/agreements and assured her to send the same after getting it signed from the company/OP at postal address of Complainant through registered post but no such paper has been ever received by the Complainant. OP did not respond to any of her calls.

 In May 2018, Complainant along with her family planned a trip to Siliguri & Darjeeling.  She through email dated 23.05.2018 asked OP to book Barsena Hotel & Resort in Siliguri for 13^th June, 2018 and Summit Resort and Spa in Darjeeling from 14^th June to 17^th June, 2018. But OP gave no reply to the said email. Several calls made to customer care number of OP but no avail.

The Complainant had to book hotels on her own for the family trip and had to spent more than Rs.20,000/-. The booking confirmations are attached with the complaint. Complainant suffered from mental agony because of Club Resorto Hospitality’s unprofessional services. Thereafter, when no heed was paid to grievances of the complainant, Complainant asked for cancellation of her membership through email dated 30.05.2018.

 In June 2018, Complainant got the membership kit containing certificate of membership, a membership card mentioning no.CRC003088 and two gift vouchers. Despite paying the membership amount, complainant was unable to avail services. It amounts to unfair trade practices and deficiency in services, hence this complaint.  

3.  Notice of this complaint was sent to OP for version/reply through registered       Post.
4.              OP was proceeded ex parte. The record on the file shows that OP did not appear despite service.
5.             The ld. Counsel for the Complainant proved the complaint by way of documentary evidence and attached  affidavit, Ex.C-1 brochure of the Club, Ex.C-2Approval form, Ex.C-3 membership form, Ex.C-4 bank slip, Ex.C-5membership kit, membership certificate, membership card, gift vouchers, Ex.C-6 email to Club Resorto for advance booking, Ex.C-7 booking confirmation of rooms from Yatra.com, Ex.C-7A is email to Club Resorto for cancellation of membership, Ex.C-8 address of branch office of OP in Zirakpur and closed the evidence. All documents are self attested.
6.               We have carefully persued the complaint and gone through the record on the file and heard arguments of ld. counsel of the Complainant.
7.                 OP chose not to appear before the Commission despite service so proceeded against ex parte Allegations made by the complainant goes unrebutted & unopposed in the absence of OP . Therefore, the averments in  the complaint deemed to have been admitted by them.
8.                 It is a fact that the Complainant had paid Rs.50,000/- to the OP as it is evident from the copy of bank receipt as Ex.C-4. Complainant asked for confirmation of booking through email on 23.05.2018 as Ex.C-6. But no reply given by OP. It is deficiency in service on the part of the OP.

The OP is meant to render services for which he had received consideration from the Complainant. But OP failed to provide services to the complainant.

9.                  We deem it appropriate to refer judgment of Hon’ble National Consumer Disptues Redressal Commission, New Delhi in M/s Country Club(India) and ors. Vs. Nirmal K. Pandey R.P. NO.237 of 2013 decided on 22.04.2014, the Hon’ble National Commission found the OP to be deficient in rendering services by not providing the agreed services, for which the consume was held entitled for compensation.
10.                  On the basis of evidence and averments made by the complainant, along with reliance on abovementioned judgment, service provider cannot forfeit the fee or consideration for services which were not provided. So, OP is liable for deficient in rendering the services and for unfair trade practice by making false representation that services will be of particular  standard.
11.                 As a sequel of above discussion, we are of the opinion that this complaint deserves to be partly allowed and OP is directed to refund the amount of Rs.50,000/- received from the Complainant along with simple interest @6% per annum from the date of payment made by the complainant till its realization and further OP is directed to pay Rs.15,000/- as compensation for causing mental agony and physical harassment to the Complainant and Rs.5,000/- as litigation expenses. Compliance of this order be made within a period of 45 days from the date of receipt of certified copy of this order. Copy of this order be sent to the Complainant and the OPs as per rules. The compliance of this order be made by the OPs within a period 45 days from the date of receipt of certified copy of this order, failing which the complainant shall be entitled to recover the above said amount through legal process. This complaint could not be decided within a specific period as provided by the statute due to rush of work. File be send to District Consumer Commission, Mohali for proper consignment.

       

Pronounced:- 18 October, 2022

                                                                                       (Pushvinder Singh)

                                                                                 President

 

      (Manjit Singh Bhinder)

                                                                                                      Member

       

                                                                              (Shivani Bhargava)

   Member