Punjab

Sangrur

CC/11/2024

Daljeet Singh - Complainant(s)

Versus

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

Sh. Shubham Garg

07 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,                                        SANGRUR, PUNJAB.

 

          Complaint Case No       : CC/11/2024

                                              Date of Institution                   : 08.01.2024

          Date of Decision            : 07.05.2024

Daljeet Singh son of Udham Singh Ward No. 2, Arihant Colony, Cheema Tehsil Sunam District Sangrur.    

                                                                                          …Complainant

                                              Versus

Club Retreat Hospitality Ltd. IT Tower, B1, E261, Phase 8 B, NH5, Industrial Area, Sector 74, SAS Nagar Mohali-160055, Punjab through its Manager.

                                                                                           …Opposite party

                                                                                                                        

Complaint under section 35 of the Consumer Protection Act, 2019

Present:       Sh. Ravneet Jyot Singh counsel for complainant.

                   Opposite party exparte.

Quorum.-

1. Sh. Jot Naranjan Singh Gill                    : President

2. Smt. Sarita Garg                           : Member
3. Sh. Kanwaljeet Singh                    : Member   

 

ORDER

JOT NARANJAN SINGH GILL, PRESIDENT

1.                The complainant namely Daljeet Singh has filed the present complaint under Section 35 of the Consumer Protection Act 2019, (amended upto date) against Club Retreat Hospitality Ltd. (hereinafter referred as opposite party).

2.                The facts leading to the present complaint as stated by the complainant are that the opposite party is a Hospitality company and opposite party is providing various plans of luxury holiday packages etc. It

is further alleged that on 17.11.2022 the opposite party made the lucrative scheme for spending the holidays and under allurement the complainant purchased package of Total amount of Rs. 1,05,000/- for 13 years with annual subscription of Rs. 9,999/- per year which includes 6 nights 7 days holiday package per year from the hotels categories fall under 3/4/5 stars as per location. The said amount was deposited with the opposite party Rs. 70,000/- on 18.11.2022 through google pay and Rs. 35,000/- on 17.11.2022 vide receipt No. 180467 at Vikram hotel Sunam, District Sangrur, who issued the above said receipt in favour of the complainant. It is further alleged that the said plan has been explained by the authorized person/Manager of the opposite party to the complainant and also issued a complimentary gift voucher with serial No. CR-11191. After purchasing of the above said holiday package complainant availed 2 nights from 14.1.2023 in Manali at hotel orchid greens resort and spa (as per list provided) 1 night on 16.1.2023 at Kasaul royal castle and 1 night on 21.1.2023 at Jaipur in clarion bellacasa which are not listed in the list provided and are not as per norms assumed to complainant during purchase of the said offer. It is alleged that when complainant raised his complaint with the opposite party regarding the hotels provided to him then again complainant was assured that it was not happened in future. The complainant again want to avail the rest of the package from 6 nights and 7 days and on 20.5.2023 approached to opposite party for the same through what's app and through email for Rishikesh for 25.5.2023 but after replied noted, opposite party not responding to the complainant even after so many reminders. Complainant again approached the opposite party for the same but the opposite party put off the matter on one pretext or the other and failed to release the amount of maturity to the complainant, but all in vain. As such complainant is suffering lot of agony, tension, harassment and financial loss at the hands of opposite party, so there is deficiency in service on the part of opposite party. Hence, the present complaint is filed for seeking the following reliefs.-

1. The opposite party may be directed to pay Rs. 1,05,000/- to the complainant with interest @ 18% per annum from the date of paid above mentioned amount.
2. To pay Rs. 50,000/- as damages to the complainant on account of mental torture, pain and agony and harassment and Rs. 50,000/- as damages towards deficiency in service and negligence in service.
3. To pay Rs. 22,000/- as costs of the complaint to the complainant.  

3.                Notice was sent to the opposite party but they failed to appear and was proceeded against exparte vide order dated 23.2.2024. 

4.                To prove his case the complainant tendered into evidence his own affidavit Ex.C-1, copy of Form (1 to 4 pages) Ex.C-2, copy of payment detail and cash receipt (1 & 2 pages) Ex.C-3, copy of hotel vouchers Ex.C-4 to Ex.C-6, copy of list of hotels Ex.C-7 (1 to 7 pages), copy of membership certificate Ex.C-8, copy of screenshots and emails (1 to 4 pages) Ex.C-9 and closed the evidence.

5.                We have heard the learned counsel for the complainant and have gone through the record on file.

6.                In order to prove his case, the complainant has placed on record his detailed affidavit Ex.C-1, vide which he reiterated the averments as mentioned in the complaint. He has further placed on record copy of Form of Club Retreat Luxury Redefined Ex.C-2 which shows that the complainant has availed the package of the opposite party and for the same the complainant has paid an amount of Rs. 70,000/- through google pay and Rs. 35,000/- cash paid to the opposite party. Further, in Ex.C-2 (Page No. 2) is the copy of package verification form of Club Retreat which shows the package Enrolled for years 13 for 6 nights and 7 days per year and the annual subscription Fee is shows as Rs. 9,999/- to be paid before availing nights per year and the package cost shows as Rs. 1,05,000/- and the paid amount is also shows Rs. 1,05,000/- on dated 17.11.2022. Ex.C-3 is the copy of payment details which shows the amount paid Rs. 70,000/- through mode of payment Google Pay on 18.11.2022 and Rs. 35,000/- cash on 17.11.2022. Further, in Ex.C-3 at Page No. 2 is the copy of receipt No. 180467 of payment of Rs. 35,000/- which was received by the opposite party from the complainant on 17.11.2022. Ex.C-4 is the copy of Hotel Voucher which shows that the complainant availed 2 nights package from 14.1.2023 in Manali at hotel orchard greens resort and spa. Ex.C-5 is the another copy of Hotel Voucher which shows that the complainant availed 1 night on 16.1.2023 at Hotel Royal Castle Kasol Himachal Pradesh. Ex.C-6 is the copy of another Hotel Voucher which shows that the complainant availed 1 night on 24.1.2023 at Hotel Clarion Bella Casa Jaipur. Ex.C-7 is the list of Hotels where the opposite party provided packages to their customers. Ex.C-8 is the copy of certificate of membership which shows that the complainant Daljit Singh is the authorized member of Club Retreat for 13 years from dated 17.11.2022 and is entitled to all the benefits and privileges pertaining to the company. Ex.C-9 is the copy of screenshot which shows that the member namely Jashanpreet Singh booked 1 room at Rishikesh for the night of 25.5.2023. Further, at Page No. 3 in Ex.C-9 is also another screenshot vide which it is mentioned that I need hotel for 25 may at rishikesh but getting no reply on what's app. Further, at Page No. 4 of Ex.C-9 is copy of email written to the opposite party in which it is mentioned that it is humbly written to you that we had put our money in the offer given by your company and an agreement in written was also executed in between you and me. We have many times requested to your executives on phone and via email for hotel booking as explained by you in meeting but all in vain. Even I call again and again, neither your executives picks up the phone nor respond to the e-mail sent by me. It is further mentioned that same is happening again and again which reflects that under allurements I wasted my money. So if you will not respond I have to go for legal remedies for which your company only responsible for that. 

7.                So, from the perusal of file it is established that the complainant is the authorized member of the opposite party and for the same he has paid annual subscription fee of Rs. 9,999/- to be paid before availing nights per year and the package was enrolled for 13 years and the complainant has paid the package cost of Rs. 1,05,000/- to the opposite parties (i.e. Rs. 70,000/- through google pay on 18.11.2022 and Rs. 35,000/- through cash on 17.11.2022) and the complainant has already availed 2 nights from 14.1.2023 in Manali at hotel orchard greens resort and spa (as per list provided) 1 night on 16.1.2023 at royal castle Kasol at Himachal Pradesh and 1 night on 21.1.2023 at Jaipur in clarion bellacasa.

8.                The allegation of the complainant is that the complainant wants to avail the rest of the package from 6 nights and 7 days and on 20.5.2023 approached to opposite party for the same through what's app and through email for Rishikesh for 25.5.2023 but opposite party not responding to the complainant even after so many reminders and this fact is proved from Ex.C-9 (Page 1 to 4). On the other hand, as no one has come forwarded from the side of the opposite party to contest the allegations of the complainant, which are otherwise appears to be genuine and supported by various documents, in that event, we have no alternative except to believe the contents of the complaint, which are un-rebutted. Hence, the opposite parties are liable for the deficiency in services.

9.                As a result of the above discussion, the present complaint is partly allowed against the opposite party and the opposite party is directed to refund the package amount  of Rs. 1,05,000/-. The opposite party is also directed to pay the amount of Rs. 5500/- as consolidated amount of compensation and litigation expenses to the complainant. 

10.              This order be complied with within a period of sixty days of receipt of copy of this order.

11.              The complaint could not be decided within the statutory time period due to heavy pendency of cases.

12.              Copy of this order be supplied to the parties free of cost. File be consigned to the records after its due compliance.

                    ANNOUNCED IN THE OPEN COMMISSION:

                                       7^th  May , 2024

 

                                       (Jot Naranjan Singh Gill)

                                                President

                                                

                                      (Sarita Garg)

                                      Member

 

                                      (Kanwaljeet Singh)

                                        Member