Punjab

Sangrur

CC/37/2019

Nand Kishore - Complainant(s)

Versus

Club Starwood - Opp.Party(s)

Sh.Ashish Kumar Grover

11 Jan 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

 

                                                                        Complaint No. 37

 Instituted on:   30.01.2019

                                                                         Decided on:     11.01.2021

Nand Kishore son of Lt. Sh. Chuni Lal, resident of H.No.84, Partap Nagar, Sangrur.

                                                          …. Complainant.     

                                                 Versus

1.     Club Starwood, Club Starwood Holidays and Hospitality Private Limited, Office No.55, Lane No.2, Westend Marg, Saket, New Delhi-110068 through its Managing Director.

2.             Club Starwood, Club Starwood Holidays and Hospitality Private Limited, RMZ Millenia, Level-1, Tower B, No.1 & Murphy Road, Ulsoor, Bangalore 560008 through its Managing Director.

3.             Club Starwood, Club Starwood Holidays and Hospitality Private Limited, Roshpa Tower, Ground Floor, Ranchi, Jharkhand 834001 through its Managing Director.

4.             Siraj, Holiday Consultant, Club Starwood, Office No.55, Lane No.2, Westend Marg, Saket, New Delhi-110068

5.             Chandan Singh, DGM, Club Starwood, Office No.55, Lane No.2, Westend Marg, Saket, New Delhi-110068.

6.             Hotel Red Apple, Near Raj High School, Patiala Road, Sangrur through its Proprietor.

             ….Opposite parties. 

 

For the complainant:             :Shri  Ashish Grover, Adv.              

For the OPNo.1,4&5             :Exparte.

For OP No.2 & 3                    :Given Up.

For OP No.6                           :Shri J.S.Sahni, Adv.

Quorum:    Shri Jasjit Singh Bhinder, President

                  Shri V.K.Gulati, Member   

ORDER:   

Shri Jasjit Singh Bhinder, President

1.             The complainant has filed this complaint pleading that opposite party number 4 and 5 are officials and representative of opposite party number 1 to 3 and on 13.1.2019, the complainant received a telephone call from OP number 4 and 5 and invited the complainant as guest to join anniversary of opposite party number 1 to 3 at OP Number 6 and assured the complainant that the OPs will provide free travel vouchers of 3 Nights/4 days and 2 movie tickets.  Further case of the complainant is that he along with his wife visited OP number 6 on 14.1.2019 and OP number 4 and 5 gave presentation regarding the membership with OP number 1 to 3 and regarding inclusion of membership i.e. holidays schemes. Further it is averred that the cost of club membership for 10 years was Rs.1,52,611/- wherein it was stated that the OPs will provide Five Star hotel with free breakfast for stay in anywhere in India or abroad per year for 6 Nights/7 days for member and his/her spouse along with two children, that the member will be provided Dubai Tour ticket for a couple, that the member will be provided 24 movie tickets and additional 10% discount on the air tickets.  Further case of the complainant is that on asking of the OPs, the complainant prepared his mind to become a member as such the complainant told the OPs number 4 and 5 that he will deposit the initial amount of Rs.52611/- with them.  As such, the complainant paid Rs.6000/- from his ATM and remaining Rs.46611/- from his brother’s ATM through their swipe machine to the OPs. 

2.             Further case of the complainant is that on 15.1.2019 when he read the terms and conditions of the membership then he was shocked to see that it was mentioned in the terms and conditions i.e. annual maintenance fee is mentioned as Rs.7500/- which was not disclosed by the OPs, additional exchange fee of Rs.23000/- for holidays abroad, additional 10% discount on the air tickets was absent in the conditions, 24 movie tickets and Dubai package air tickets round trip was absent and 3 Nights/4 days vouchers were levied on additional administration fee of Rs.3000/-.  As such, the complainant requested the OPs for the cancellation of membership and sought refund of Rs.52,611/-, but all in vain.  Thus,  the complainant has prayed that the Opposite parties be directed to refund the amount of Rs.52611/- along with interest and to pay Rs.1,00,000/- on account of mental agony, and harassment and an amount of Rs.22,000/- on account of litigation expenses.

3.             Record shows that the opposite parties number 1, 4 and 5 did not appear despite service, as such they were proceeded against exparte.  Further the learned counsel for the complainant made a statement on 9.5.2019 whereby he given up the opposite parties number 2 and 3.

4.             In reply filed by OP number 6, it is stated that OP number 6 has no concern at all with OPs number 1 to 5.  It is stated that the premises of OP number 6 were taken by the club and the OP number 6 has charged for giving the premises from Club Starwood and except this OP number 6 has no concern with the OPs number 1 to 5.   Lastly OP number 6 has prayed for dismissal of the complaint.

 

5.             The learned counsel for the complainant tendered in evidence documents Ex.C-1 to Ex.C-8 and closed evidence.

 

6.             The learned counsel for the complainant has argued that opposite party number 4 and 5 are officials and representative of opposite party number 1 to 3 and on 13.1.2019, the complainant received a telephone call from OP number 4 and 5 and invited the complainant as guest to join anniversary of opposite party number 1 to 3 at the hotel of OP Number 6 and assured the complainant that the OPs will provide free travel vouchers of 3 Nights/4 days and 2 movie tickets.  Further the learned counsel for the complainant has argued that that he along with his wife visited OP number 6 on 14.1.2019 and OP number 4 and 5 gave presentation regarding the membership with OP number 1 to 3 and regarding inclusion of membership i.e. holidays schemes. Further it is argued by the learned counsel for the complainant that the cost of club membership for 10 years was Rs.1,52,611/- wherein it was stated that the OPs will provide Five Star hotel with free breakfast for stay in anywhere in India or abroad per year for 6 Nights/7 days for member and his/her spouse along with two children, that the member will be provided Dubai Tour ticket for a couple, that the member will be provided 24 movie tickets and additional 10% discount on the air tickets.  Further the learned counsel for the complainant has argued that on asking of the OPs, the complainant prepared his mind to become a member as such the complainant paid a total amount of Rs.52611/- with them as is evident from the copies of receipts Ex.C-3 for Rs.46611/- and Ex.C-4 for Rs.6000/- and the total amount receipt on record is Ex.C-5.  Record shows that opposite parties number 1,4 and 5 chose to remain exparte.  All the averments in the complaint have also been supported by the affidavit of complainant Ex.C-1. In the circumstances of the case, we find that the complainant has fully proved his case and the OP number 1 chose to remain exparte.  Accordingly, we find that the complaint deserves acceptance.

 

7.             In view of our above discussion, we allow the complaint and direct the  Opposite party number 1  to pay to the complainant an amount of Rs.52,611/-  along with interest @ 6% per annum from the date of deposit i.e. 14.01.2019 till realization in full.  We further direct the OP number 1 to pay to the complainant an amount of Rs.5000/- on account of compensation for mental tension, agony and harassment and litigation expenses.  This order be complied with by the opposite parties within 60 days from the date of receipt of certified copy of this order. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

Pronounced.

January 11, 2021.

 

(Vinod Kumar Gulati)  (Jasjit Singh Bhinder) 

           Member                  President