Order by:
Smt.Priti Malhotra, President
1. The complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 stating that on 03.07.2021, the Opposite Parties organized Seminar for advertisement of their above said business which was arranged in Chokha Empire Amritsar Road, Moga. The complainant attended the said Seminar along with his wife and family members. In the said Seminar, the Opposite Parties advertized for the facilities in various Hotels and its Packages and they had also given the list of the Hotels throughout India and its addresses. The Opposite Parties also gave the copies of Packages. The package which was offered by the Opposite Parties was for 6 nights and 7 days per year for five years total nights 30 for two adults and two children less than 12 years and its cost was Rs.65,000/- plus annual charges Rs.10,000/- plus the expenses of meal etc. if desired by the member. Further submitted that there was a special offer for the persons who purchase the said package on the spot and the Opposite Parties gave special gift vouchers for two nights, three days accommodation for two adults and two children below five years at holiday destination, detailed and offered in the voucher. In the said Seminar, the complainant purchased the said package and paid Rs.10,000/- to Opposite Parties on the spot and the Opposite Parties issued the details, forms and receipts duly signed by Opposite Party No.1 Mr. Ajay Kumar Verma and they also issued the gift vouchers to the complainant at that time. The Opposite Parties also issued Pamphlets showing the names of the Hotels, in which the rooms have to be provided to the complainant. Alleged that at the time, the Opposite Parties got signatures of the complainant on many papers, but have not supplied its copy and the same were not read over and explained to the complainant at the spot. The complainant deposited Rs.55,000/- on 05.7.2021 in the account No.50200053367538 of HDFC Bank. On the same day, the complainant also deposited Rs. 12,000/- in the above said account of Opposite Parties as advance for six nights and seven days, Rs.10,000/- plus Rs.2000/- as Breakfast charges. By this way, the complainant deposited Rs.77,000/- with the Opposite Parties. In pursuance of said package, the complainant availed the facilities of the same from 09.7.2021 to 11.7.2021 at Dalhousie for the first time for two nights and three days. At that time, Two adults and two children i.e. complainant, his wife and two minor kids accompanied the complainant and the Opposite Parties provided the rooms in the Hotel at Dalhousie. Then, at second time, the complainant paid Rs.4,000/- on 24.3.2022 as advance booking for breakfast and for visit at Jaipur and the amount was transferred in the bank account of Opposite Parties and accordingly complainant, his wife, two minor children plus two other adults/friends/family members i.e. 4 adults, and 2 minor/kids stayed there, but the Opposite Parties did not deal the complainant in proper manner. At that time, the Opposite Parties provided two rooms for above said 4 adults, and two minors/kids. This time, the complainant was willing to enjoy the summer vacations with his family and for the same on 04.6.2022, the complainant talked with the Opposite Parties, but the Opposite Parties did not book any room anywhere and rather the Opposite Parties misbehaved with the complainant on this issue and openly threatened the complainant. Thereafter, the complainant asked the Opposite Parties to return his money paid by him after deducting the necessary charges, but they flatly refused to do so. Due to this illegal and unwarranted acts of the Opposite Parties, the complainant has suffered great loss, mental tension and harassment. . Hence, this complaint. Vide instant complaint, the complainant has sought the following reliefs:-
a) Opposite parties may be directed to refund the amount of Rs.65000/-, to pay an amount of Rs.2,00,000/- as compensation, Rs.25,000/- as litigation expenses alongwith interest @ 12 % p.a. and to cancel the membership of the complainant.
b) And any other relief which this Commission may deem fit and proper be granted to the complainant in the interest of justice and equity.
2. Opposite parties appeared through counsel and contested the complaint by filing written reply taking preliminary objections therein inter alia that the complaint is not maintainable; this Commission has no jurisdiction to try and decided the complaint; the complainant has got no locus stnadi; no deficiency in service has been attributed to the opposite parties and from the allegations in the complaint no deficiency in service is made out; the complaint is absolutely frivolous; complicated questions of law and facts are involved in the present complaint. Moreover lengthy examination-in-chief and cross examination of the parties/witnesses are required in the complaint. So, the complaint is required to be decided by the Civil Court and as such, this Commission has got no jurisdiction to entertain, try and dispose of the complaint; the complainant has not approached this Commission with clean hands rather he has willfully concealed the material and patent facts from this Commission while filing the present complaint which ipso-facto disentitles the complainant to seek any relief against the Opposite Parties. Further submitted that the complainant himself admitted in its complaint that he has availed the facilities so he is not entitled to any relief. The complaint is false, frivolous, baseless, vague, malicious and unmeritorious. On merits, all other allegation made in the complaint are denied and a prayer for dismissal of the complaint is made.
3. The complainant has also filed replication to the written reply of Opposite Party denying the objections raised by it in its written reply.
4. In order to prove his case, the complainant has placed on record his affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C14.
5. On the other hand, Opposite Parties have placed on record affidavit of Sh.Ravinder Singh, Manager, Club Retreat Hospitality Pvt. Ltd. Ex.OP1, 2/1.
6. We have heard the counsel for the parties and also gone through the documents placed on record.
7. The case of the complainant is that he purchased the holiday package for 6 nights and seven days per year for five years from Opposite Parties by paying Rs.65,000/- and the annual charges of the said package was Rs.10,000/-. Complainant alleged that he made the payment of Rs.12,000/- (Rs.10,000/- as advance for six nights and seven days for stay at Dalhousie and Rs.2,000/- as breakfast charges) to the Opposite Parties and thereafter for second time paid Rs.4000/- as advance booking charges for breakfast during the stay at Jaipur. However, the main grievance of the complainant is that at the first time of availing the service/facilities of Opposite Parties at Dalhousie for two night and three days from 09.07.2021 to 11.07.2021 everything was ok and proper services were provided by the Opposite Parties, but at the second time during the stay at Jaipur, the Opposite Parties did not provide proper services and provided only two rooms for 4 adults and two kids. Also alleged that when he tried for the booking in summer vacations, he was not entertained by the Opposite Parties and he was refused to provide any service. Then, he decided not to continue with the membership of the Opposite Parties and asked them to refund his amount, which they failed/refused to refund.
8. On the other hand, ld. counsel for the Opposite Parties contended that there is no deficiency in service on the part of Opposite Parties, as the complainant was provided with all the facilities as promised/offered, but in order to harass the Opposite Parties, the complainant has filed this false complaint.
9. We do not agree with the aforesaid contention raised by the Opposite Parties, as had the Opposite Parties provided all the facilities to the complainant as offered/committed by them, then the complainant would not have filed the present complaint for the redressal of his grievance. During the course of arguments, ld. counsel for the complainant stated that the complainant does not want to continue with the membership of Opposite Parties and claimed for the refund of the amount of Rs.77,000/-.
10. It is well proved on record vide Ex.C8 to Ex.C10 that complainant paid Rs.77,000/- in total to the Opposite Parties in lieu of the membership availed by him and owing to the deficient services rendered by Opposite Parties is now claiming refund of the same. We are of the concerted view that complainant is not entitled for the full refund of the amount paid to Opposite Parties, as complainant admitted that twice he had availed the services of Opposite Parties. It is contended by the complainant that during his first stay he was satisfied with the services of Opposite Parties, but on the second occasion, the services provided by the Opposite Parties were not satisfactory and when he tried for the booking in summer vacations, he was not entertained by the Opposite Parties and he was refused to provide any service, then he decided to discontinue with the membership of the Opposite Parties and repeatedly approached the Opposite Parties for the refund. It is well clear on record that complainant does not want to continue with the membership of the Opposite Parties for further years, as he is not satisfied with the services of Opposite Parties. So, he cannot be forced to continue with the same. Hence, in the circumstances above, we are of the converted view that ends of justice would be fully met if the Opposite Parties be directed to make the refund after reasonable deductions, which we quantify to the tune of Rs.40,000/- out of membership fee paid in question, which is for 5 years and the complainant availed the services only for 1st year.
11. In view of the discussion above, we partly allow the complaint of the complaint and direct the Opposite Parties, jointly and severally, to refund Rs.40,000/-(Rupees Thirty Thousand only) to complainant. Since the complainant has withdrawn from the membership. So keeping in view of the peculiar circumstances no order as to costs is passed and parties are left to bear their own cost. The compliance of this order be made by the Opposite Parties within 30 days from the date of receipt of copy of this order, failing which, the Opposite Parties, jointly and severally’ are burdened with additional amount of Rs.5,000/- (Rupees Five Thousand only) to be paid to the complainant for non compliance of the order. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Commission
