DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088
CC No: 447/2018
D.No.____________________ Dated: ______________________
IN THE MATTER OF:
KRISHNA KUMAR AGRAWAL,
S/o SH. RAMNIWAS AGRAWAL,
R/o E-138, ASTHA KUNJ,
SEC.-18, ROHINI, DELHI-110089. … COMPLAINANT
Versus
COUNTRY CLUB HOLIDAYS,
A UNIT OF “SEAICE CLUB & RESORTS
INDIA PVT. LTD.”,
233, 2nd FLOOR, VARDHMAN PREMIUM MALL,
DEEPALI ENCLAVE,
LANDMARK-NEAR KALI MATA MANDIR,
PITAM PURA, DELHI-110034. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 16.07.2018
Date of decision:04.10.2019
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against OP under the Consumer Protection Act, 1986 thereby alleging that the complainant has taken Continental Club Holidays membership vide membership no. CCH01608206500000240 on 01.04.2017 and the
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membership was for the tenure of 5 years (6 nights & 7 days/year), studio apartment, all season and for 2 adults & 2 kids and the complainant paid a total sum of Rs.61,000/- (Rs.60,000/- by credit card and Rs.1,000/- by cash) to Mr. Rahul Agrawal representing continental club sales team and no receipt was provided against the payment and it was apprised that apart from membership fee Rs.1,000/- per night (including tax) will be charged to the complainant as an AMC charges. Thereafter, at the time of taking the membership Mr. Rahul Agrawal has promised to provide 3-4 star hotels in all over India and abroad with full meal plan, car for site visit on nominal charges (3-9 Rs./KM), free spa, etc. services, apart from the extra 6N/7D per year will be provided in hotel trident and abroad and he also said to the complainant that OP can surrender the membership in next one year time if the complainant do not like the service and he told the complainant that all these promises he made verbally, he will provide to the complainant in written mail by company mail ID but from that day he stopped picking up the call and the complainant wrote reply of promises from Mr. Rahul Agrawal on the whatsapp (screen shots). On 08.04.2017, when the complainant did not receive any mail & the complainant felt cheated by them and the complainant requested to cancel the membership and refund the amount of Rs.61,000/- via e-mail dated 08.04.2017 but Md. Imran Alam again a company representative called the complainant and forced to continue with
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the service and forced to take 1 day booking in hotel the retreat of Agra (U.P.). The complainant further alleged that the complainant requested hotel booking in Diu from 28.09.2017 to 02.10.2017 but booking was denied to the complainant verbally by saying there was no hotel available on that location and the complainant further requested hotel booking in Goa from 18.10.2017 to 22.10.2017 by mail dated 11.08.2017 but options provided were not up to the standard of 3 or 4 star as promised to the complainant at the time of taking the membership and no booking was provided to the complainant on that occasion also and denial message was given on 11.08.2017. Thereafter, due to repeated denials of booking the complainant again requested to cancel the membership via mail dated 24.08.2017 but no reply was received from the company and the complainant again requested hotel booking in Bhubaneswar from 20.12.2017 to 25.12.2017 by mail dated 13.12.2017 but no reply was given from company side and booking was not provided to the complainant. The complainant further alleged that the complainant requested hotel booking in Shimla from 25.12.2017 to 27.12.2017 via mail dated 13.12.2017 but again booking was denied to saying booking was available after 10.01.2018, then again the complainant requested to cancel the membership via mail dated 14.12.2017 & 15.12.2017 but denied cancelling the membership. After changing several dates and hotel preferences and the complainant has taken 2 days booking in Shimla and last the
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complainant requested booking for 1 day in Neemrana on 31.03.2018 to 01.04.2018 via mail dated 13.03.2018 and the reminder of which was again sent on 19.03.2018 but no reply was received from the company and the booking was not provided to the complainant. The complainant further alleged that 6N-7D/year extra car which was promised to the complainant at the time of taking membership was not provided to the complainant till date and Md. Imran Alam was telling that company policy has changed and implementation of GST was delaying it. The complainant further alleged that the complainant sent the legal notice dated 04.06.2018 to the company through speed post but again no written reply was received from the company till date and OP is guilty for deficiency in service and unfair trade practice.
2. On these allegations the complainant has filed the complaint praying for direction to OP to refund the amount of Rs.61,000/- as well as compensation of Rs.30,000/- for causing mental agony and harassment and has also sought cost of litigation.
3. Notice was issued to OP through speed post for appearanceon 26.09.2018 and notice was delivered to OP on 07.08.2018 as per track report. But none for OP appeared on 26.09.2018 and as such OP has been proceeded ex-parte vide order dated 26.09.2018.
4. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant has also filed copy of voter ID card of the complainant, copies of mail
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communications between the parties, copy of whatsapp screen shots messages, copy of account statement of the complainant, copy of membership certificate and copy of Application detail.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant.
6. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, even after receiving notice of the case from this Forum, OP has kept mum and has not bothered to answer the case of the complainant. It seems that OP has no defence in its favour. After receiving request for cancellation of the membership and refund of the amount OP ought to have refunded the said amount which OP has failed. Thus, there is a deficiency in service and unfair trade practice on the part of OP and OP is held guilty accordingly.
7. Accordingly, OP is directed as under:
i) To refund to the complainant an amount of Rs.61,000/- being the amount paid by the complainant.
ii) To pay to the complainant an amount of Rs.10,000/- as compensation towards mental agony and harassment caused.
iii) To pay to the complainant an amount of Rs.6,000/- towards litigation cost.
8. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP
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shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply the order within 30 days from the date of receiving copy of this order, the complainants may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 4th day of October, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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