Chandigarh

DF-I

CC/716/2022

NEELAM GUPTA - Complainant(s)

Versus

COUNTRY HOLIDAY INNS & SUITES PVT. LTD. - Opp.Party(s)

13 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

Neelam Gupta, # 1042-A, Sector-20B, Chandigarh.

… Complainant

V E R S U S

Country Holiday Inns & Suites Pvt. Ltd.

1.  Reg. Office: 2045/1, 2^nd Floor, Street No.6, Chuna Mandi Paharganj, New Delhi, 110055.
2. Corporate Office: OBS Tower, III Floor, A-Block, A-37, Sector-63, Noida, Gautam Budh Nagar, UP-201301, through its Managing Director.

Email: … Opposite Party

Per Surjeet kaur, Presiding Member

1.      Averments are that the complainant bought the membership of Country Holidays Homes and Suites on 11.03.2018 for 5 years valid up to 10.03.2023 for a sum of Rs.80,000/- (Annexure C-1 to C-3). As per complainant, in September 2019, when we tried to make a holiday plan of Kerala with the company and ask for a booking (Annexure C-4) they very cleverly refused it and told us to retry it in mid-November as their booking window is not activated (Annexure C-4). The complainant again, tried in 09.10.2019 for same booking they again refused it (Annexure C-6). Further, we again tried to book a holiday with them at Andaman and Nicobar, they again refused it, that they are getting high volumes of booking and accepting booking 15 days prior (Annexure C-8 & C-9). It seems that company is not at all willing to provide any service to its customers; it never tried to contact us. Till date the company has not provided any service not contact the complainant in any way, it seems that its main purpose was to obtain hard earned money of consumers. Hence, this present complaint.
2.     Notice of the complaint was sent to OP seeking its version of the case. However, nobody appeared on behalf of OP despite following proper procedure, therefore it was proceeded ex-parte on 01.12.2022.  
3.     Complainant led evidence by way of affidavits and documents.
4.     We have heard the complainant in person and gone through the record of the case.
5.     It is evident from Annexure C-2, page No.12 of the paper book that the complainant paid an amount of Rs.80,000/- to the OP for the membership of Country Holidays Homes staying for a period of 6 nights and 7 days per year to the next 5 years from the date of agreement i.e., 11.03.2018. Meaning thereby since 11.03.2018 the complainant was entitled for holidays with OP every year, but it is a matter of record which is corroborated by the complainant by annexing various emails on record to show that no service has been provided by the OP till date, despite various requests by the complainant. Finally, as per Annexure C-8 & C-9 the OP refused the services stating that they are getting high volumes of booking, hence, could not book the holidays for the complainant.   
6.     Significantly, OP did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OP draws an adverse inference against it. The non-appearance of the OP shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
7.     In our opinion as the complainant could not avail any of the services as offered by the OP, despite payment of amount of Rs.80,000/- as asked by it, she is entitled for refund. Even the OP did not turn up during the proceedings of the present case. Hence, the act of OP for non-providing any services, non-refunding the amount deposited and most importantly non-appearing during the proceedings of the present case proves deficiency in service and its indulgence in unfair trade practice.
8.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP is directed as under :-

1. To refund amount of ₹80,000/- to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint till realization.
2. to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to her;
3. to pay ₹7,000/- to the complainant as costs of litigation.

9.     This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.