Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 412.
Instituted on : 06.09.2018.
Decided on : 24.06.2020.
- Sanjay Kumar Hooda age 34 years,
- Madhuri Hooda
Residents of H.No.1196, Sector-2, Rohtak.
email:drsanjayhooda@gmail.com.
………..Complainants
Vs.
- Continental Club Holidays Enjoy More…, A unit of “Seaice Club and Resorts India Pvt. Ltd.” Office No.227, Ring Road, Mall Sector-3, Rohini Delhi-110085.
- Gold Leaf Restaurant, HUDA Complex, Rohtak.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS. TRIPTI PANNU, MEMBER.
Present: Smt. B.K.Chillar, Advocate for the complainant.
Smt. Sarita Ahlawat, Advocate for opposite party No.2.
Opposite party No.1 exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that the complainants were invited by the respondent no.1 to the hotel of respondent no.2 on dated 10.01.2018 for 45 minutes presentation and to gift a free holiday voucher alongwith many other invitees. The complainants attended the presentation and during the presentation Mr. Mohak Jain, on behalf of respondent no.1 told that if complainants join the membership, they will get high class hotel rooms as studio apartments in 4-5 star hotels alongwith indoor games activities, spa, gym, outdoor activities at their own properties or tie ups with continental holidays across the country and some world-wide destinations and also get DAE(dial an exchange) membership alongwith country club membership and can avail five star or seven star properties under DAE at least 5000/- hotels across the world. Mr. Mohak Jain offered Rs.140200/- (down payment) for 10 years membership under which the company will provide 6N/7D annually in a studio/Hut for 4 Adults, DAE membership and for this, complainants have to pay AMC Rs.7500/- and Rs.12000/- including FST for abroad. Alongwith this, he offered special packages of CCH nights 6N/7D x 2, 4 air tickets(one way) food coupon for Rs.5000/-. So after showing all these dreams by the opposite parties, complainants purchased continental holiday membership card bearing No.CCH016082016500000399 from the respondent no.1. That complainants paid Rs.70250/- through debit card and Rs.70000/- by cash, the year of commencement of membership card is January, 2018 and year of termination is January, 2028. That on 20.01.2018 complainants sent a mail to Mr. Mohak i.e. employee of respondent no.1 requesting him to plan holidays as per schedule. The schedule of holidays is departure from Delhi on 29.03.2018, two night stay at Lakshdeep, two nights at Allepy, two nights at Munnar and back to Delhi with liberty to adjust one or two days according to their convenience and also requested to book flights from Kochi to Delhi and flight or cruise from Lakshdweep to Kochi. But lateron at 9:32 a.m., complainant requested the respondent no.1 to plan holidays from 31.03.2018 instead of 29.03.2018. But respondent no.1 had replied that they will manage the holidays in Kerela instead of Lakshdweep and requested to change their location, which is against their terms and conditions. Complainants denied for the same and requested to send property preferences but the property list sent by the respondent was of D-Grade quality and a complaint was made through email dated 19.03.2018. During this process, too much time has been passed and the complainant were compelled or to compromise with the properties sent by the respondent. On 17.03.2018 respondent no.1 sent property preference for Goa and complainants requested the respondents to book V resorts Gulmohar. On 21.03.2018, booking was confirmed for Goa and at the time of booking, special offers were provided by the respondents in which 6 nights stay offer and free 4 one way tickets and food coupons of Rs.5000/- were included. But the opposite parties offered only 4 night stay and assured that 2 nights will be arranged lateron. Air tickets were not provided by the respondent no.1 from Goa to Delhi and the complainant was requested to book their Air tickets through their way and they will reimburse the same after visit. Complainant purchased the same and requested the respondent to reimburse the ticket expenses Rs.23100/- but the refund was made by the respondent no.1 belatedly after 3 months after repeated requests of the complainant. The facilities of food coupons were not handed over to the complainant. No relaxation were given to the complainant at the time of their visit to the respective hotels. On 12.06.2018, complainant desired to travel Auli for his left out 2N/3D out of 6N/7D but the said offer was denied by the respondents. Thereafter complainants requested for booking either in Manali or Mussourie but no response from the respondent’s side. That the respondent charged Rs.140250/- for the membership and DAE but could not provide any services as committed by them at the time of presentation. That complainant requested the respondents to refund their amount of membership card but to no effect. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay Rs.140250/- alongwith compensation of Rs.20000/- and litigation expenses of Rs.25000/- to the complainants.
2. Notice of the present complaint was issued to the opposite parties. Notice sent to opposite party no.1 received back duly served but none appeared on behalf of OP no.1 and OP No. 1 was proceeded against exparte vide order dated 15.02.2019 of this Forum. Opposite party No.2 filed its written reply submitting therein that it is admitted to the extent that respondent no.1 organized a seminar at the Hotel of the respondent no.2 on dated 10.01.2018. That the deal/conversation was between the complainants and respondent no.1. The respondent no.2 has no concern with the same and hence needs no reply. The relief in prayer of the complaint is sought only against the respondent no.1 and no relief has been sought against respondent no.2. It is therefore, prayed that the respondent no.2 has no objection if any relief demanded by the complainants from the respondent no.1 has granted.
3. Ld. counsel for the complainant has tendered affidavit Ex.C1/A, documents Ex.C1 to Ex.C14 and closed his evidence on 31.05.2019. On the other hand, ld. counsel for the opposite party No.2 tendered affidavit Ex.RW1/A, documents Ex.R1 and closed his evidence on 27.08.2019.
4. We have heard ld. counsel for the parties and have gone through the material aspect of case.
5. In the present case it is not disputed that complainants had purchased the continental holidays membership card of opposite party No.2 and had paid an amount of Rs.70250/- and Rs.70000/- vide receipts no.247 and 248 respectively on account of Hotel/Resort Booking/AMC vide agreement no.1064 dated 10.01.2018 placed on record as Ex.C4. The grievance of the complainants is that the respondents could not provide the services as committed by them at the time of presentation and no special offers were completely provided to the complainants. To prove the same, complainants have placed on record copy of emails Ex.C7 to Ex.C14, which shows that the hotels were not available with the respondent No.1. The property options sent by the respondents were not from the booklet of the respondents. At the time of presentation, special offers were given in which 6 nights stay offer and free 4 one way air tickets and food coupons of Rs.5000/- were included. But the opposite parties offered only 4 night stay and assured that 2 nights will be arranged lateron. Air tickets were not provided by the respondent no.1 from Goa to Delhi and the complainants were requested to book their Air tickets through their way and they will reimburse the special offer after visit. Complainant purchased the same and requested the respondent to reimburse the ticket expenses Rs.23100/- but the refund was made by the respondent no.1 belatedly after 3 months after repeated requests of the complainants. The facilities of food coupons were not handed over to the complainant. No relaxation were given to the complainant at the time of their visit to the respective hotels. On 12.06.2018, complainant desired to travel Auli for his left out 2N/3D out of 6N/7D but the said offer was denied by the respondents. Hence from the documents placed on record it appears that the respondents could not provide the services as committed by them at the time of presentation and no special offers were provided to the complainants.
6. After going through the file and hearing the parties it is observed that the deal/conversation was between the complainants and respondent no.1. Hence there is no role of respondent no.2 in dealing with the complainants. It is also observed that the respondent No.1 could not appear before the Forum despite service and was proceeded against exparte, which shows that respondent no.1 has nothing to say in the matter. Hence all the allegations leveled by the complainant against the respondent no.1 stands proved. As such there is deficiency in service on the part of opposite party No.1 and opposite party No.1 is liable to refund the alleged amount to the complainants.
7. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the respondent no.1 to refund amount of Rs.140250/-(Rupees one lac forty thousand two hundred and fifty only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 06.09.2018 till its realization and also to pay a sum of Rs.5000/- (Rupees five thousand only) as compensation and litigation expenses to the complainant within one month from the date of decision.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
24.06.2020.
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Nagender Singh Kadian, President
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Renu Chaudhary, Member.
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Tripti Pannu, Member.
