Haryana

Panchkula

CC/73/2022

SHASHI KUMAR SHARMA. - Complainant(s)

Versus

COUNTRY HOLIDAYS INN AND SUITS PVT.LTD. - Opp.Party(s)

IN COMPLAINANT

14 Aug 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	73 of 2022
Date of Institution	:	09.03.2022
Date of Decision	:	14.08.2023

 

 

Shashi Kumar Sharma s/o Sh. Sham Lal Sharma, Flat No.175, GH-3, MDC-5, Panchkula-134109.

 

                                                                           ….Complainant

Versus

 

Country Holidays inn and Suites Pvt. Ltd. Registered Office-2045/1, 2^nd Floor, Street No.6, Chunna Mandi, Pahar Ganj, New Delhi-110055.

Through its Director

Corporate Office OBS Tower Suite G-04 Block A37, Sector-63, Noida, Gautam Budh Nagar, UP-201301 through its Director/MD/Authorised Person.                                                                                                                                                                                         ….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

 

 

Before:              Sh. Satpal, President.

                        Dr. Sushma Garg, Member

                        Dr. Barhm Parkash Yadav, Member.

 

 

For the Parties:   Complainant in person.

                        OP already ex-parte vide order dated 12.09.2022.

                                        ORDER

(Satpal, President)

1.             The brief facts, as alleged in the present complaint, are that the complainant and his wife were promised by the OP’s executive guaranteed booking in about 7000 domestic and 865 international destinations in 4/5 star hotels. The said executives had shared their promises by showing their website. On the basis of assurances and promises made by them, the complainant took the OP’s membership    in lieu of sum of Rs.4,30,750/-, which was paid in advance. The OP’s executive had offered the membership of ‘studio type’ with kitchenette facility. The membership was for 30 years, which entitled the complainant the guaranteed booking for 6 nights 7 days in a year along with other benefits including complimentary free stay at various locations. The OP also offered 15 weeks booking as bonus. Total days in 30 years comes to 30 x 6=180+90 days bonus=270 days booking. The complainant was to pay annual maintenance charges(hereinafter referred as to AMC) of Rs.7,000/- to the OP. The representative of OP further assured that complainant can utilize the entire bookings in less number of years and need not wait for 30 years by paying the AMC charges for full 30 years.  The OP also assured that an offer would soon be given for payment of AMC for full 30 years by giving 50% discount. The complainant found all the promises attractive and chose to take the membership. The complainant availed the facility of complimentary free stay; i.e. 6 nights stay in hotels at Singapore/ Malaysia, 2 night stay in cruise at Singapore, 2 nights stay in Delhi in lieu of Jaipur/Corbett and Rs.30,000/- cash as partial refund of air fare from Delhi to Singapore but thereafter, the OP had failed to provide the bookings on one reason or the other. On 27.08.2019, the complainant made a request for one night stay for 14.10.2019 in  Delhi but the OP denied the booking; the complainant was coming from USA on that night, therefore, complainant insisted for a booking, then OP provided him a third rated hotel. Again on 06.11.2019, the complainant approached the OP to book one room from 05.01.2020 to 07.01.2020 at Jagannath Puri and from 08.01.2020 to 09.01.2020 at Gopalpur at sea. The OP had offered booking at Puri but declined the booking at Gopalpur at sea. Therefore, the complainant had to cancel the complete trip. Once again, the complainant requested the OP for a booking at Goa from 17.01.2021 to 22.01.2021. The OP gave usual reply, “not getting the availability as per given date….” On OP’s reply, the complainant booked to some other hotel for 17.01.2021 and 18.01.2021 and requested the OP to given reservation from 19.01.2021, to which the OP again replied that accommodation was available from 28.01.2021 and not from 19.01.2021. The complainant again tried to book accommodation for Goa from 28.12.2021 to 03.01.2022, but again the same reply was received from OP. The complainant wanted stay facilities for 5 days in Dubai, which was denied by the OP, firstly on the ground that they have not started Dubai booking, and thereafter, on the ground that it is ‘sold out’. It is stated that the complainant was entitled to avail of 42 days, whereas the OP had given booking for only 13days and kept on denying the booking on various pretext. Due to the act and conduct of the OP, the complainant has suffered mental agony, harassment and financially; hence, the present complaint.

2.             Notice was issued to the OP through email, which was received back with the report ‘delivered’ but none has appeared on behalf of the OP. Due to non appearance of OP, it was proceeded ex-parte by this Commission vide its order dated 12.09.2022.

3.             To prove the case, the complainant has tendered his affidavit as Annexure C-A along with documents Annexure C-1 to C-9 in evidence and closed the evidence by making a separate statement.

                During the arguments, the complainant has prayed for assigning a specific mark to certain documents which are available on record. The request of the complainant is allowed by assigning the following mark i.e. Mark ‘A’, ‘B’ & ‘C’ :-

i         Welcome letter                                                      Mark ‘A’

ii        Membership Purchase Agreement                          Mark ‘B’

iii       Details qua membership along with offers              Mark ‘C’

                Further the complainant has submitted the details qua facilities availed by him and denied by OPs along with calculations. The said details alongwith calculations are taken on record as Mark ‘D’ for the adjudication of the complaint in a proper and fair manner. 

4.             We have heard the complainant and gone through the entire record available on the file including written arguments filed by the complainant, minutely and carefully.

5.             During arguments, the complainant reiterating the averments as made in the complaint  as also in his affidavit(Annexure C-A) contended that he was assured guaranteed bookings in 4/5 star hotels in OP’s 7000 domestic destinations and 865 international destinations by OP’s executive, while selling the membership no. CHlSPH772362 to him on 16.09.2017 in lieu of sum of Rs.4,30,750/-. It is contended that the OP had failed to fulfill its promise qua providing of stay facilities to him on several occasions and thus, OP had acted contrary to its assurances and promises made through its executive before selling the membership. Concluding the arguments, the complainant has prayed for acceptance of the complainant by granting the relief as claimed for in the complaint.

6.               The OP has preferred not to contest the present complaint by remaining absent despite service of notices and accordingly, it was proceeded ex-parte vide order dated 12.09.2022 and thus, the assertions made by the complainant go unrebutted and uncontroverted.

7.             As per welcome letter(Mark ‘A’), it is evident that the complainant was provided the membership no.CHlSPH772362 for 3o years, which was valid upto 15.09.2047. It is also evident that the total amount qua the price of said membership i.e. Rs.4,30,750/-, had been paid by the complainant. As per Mark ‘C’, several offers were given by OP, while providing the said membership to the complainant, which are mentioned as under:-

i.      15 weeks bonus

ii.      2N/3 days Jaipur/Corbbet

iii.     6N/7D Stay Singapore/Malaysia

iv.     2 Air ticket worth Rs.30,000/-.

v.     2N/3days Cruise Singapore +D.A.E. card

8.             The grievance of the complainant is that he was denied the stay facility by OP on several occasions. As per Mark ‘D’, the complainant was denied the stay facilities by OP on several dates, the details, whereof are given in tabular form as under:-

Sr. No.	Date/Period	Place
1	05.01.2022 to 09.01.2020	Orissa
2	17.01.2021 to 22.01.2021	Goa
3	26.12.2021 to 30.12.2021	Dubai
4	28.12.2021 to 03.01.2022	Goa

 

9.             Pertinently, the complainant was assured the guaranteed booking, as per Annexure C-1, by OP’s executive, while selling the vacation package to him; hence, the denial of stay facilities by the OP to the complainant was neither valid nor justified. The OP has preferred not to contest the present complaint for the reasons best known to it. As such, the assertions and contentions of the complainant alleging deficiencies on the part of OP go unrebutted and uncontroverted. Moreover, as per unrebutted contentions of the complainant as well as emails available on record in the shape of email Annexure C-1(colly), the contentions of the complainant are duly corroborated and substantiated  qua the denial by the OP about the alleged booking as requested by the complainant.

10.            Furthermore, the deficiency on the part of OP is found from the fact that it had been found having charged the annual maintenance charges with interest whereas, as per membership purchase agreement Mark ‘B’, no such terms and conditions authorizing it to levying interest on the annual maintenance charge are found.  

11.            In the light of above discussion, we have to come to the conclusion that the OP was deficient while rendering services to the complainant; hence, he is entitled to relief.

12.            In relief, the complainant has claimed the refund of entire amount of Rs.4,30,750/- along with interest. Further, he has also claimed the refund of AMC paid in advance.

13.            For the sake of convenience and clarity, the necessary details as provided by the complainant vide Mark ‘D’ are given as under:-

 A.            As per Mark ‘D’, the complainant has availed the stay facilities on complimentary basis as under:-

        Complementary Stay

1. 3 days in Singapore
2. 3days  in Malaysia
3. 2 days in Cruise at Singapore
4. 30000 cash in partial refund of airfare
5. 2 days booking in Delhi
6. 3 Days  booking in Shimla

B.     Further, the complainant has availed the services of OP, which are mentioned as under:- 

Bookings provided:-

1. One day stay  in Delhi                   14.10.2019
2. 7 days stay in Goa                       11.01.2019 to 17.01.2019
3. 4 days stay in Ooti                       24.01.2019 to 27.01.2019
4. One day on Delhi                         05.01.2019

Total 13 days No meal or breakfast was provided

 

 

Along with Mark ‘D’, the complainant has provided the details of calculations as under:-

Calculations

Total Days Availed 13 days

Total No. of Days as Complementary Stay3+3+2+3=11days

Total 24 days

Total Amount Paid Rs. 403750.00

Entitlement for 30 years210 days(180 days as per complainant)

Per Day Cost Rs.403750.00/210=Rs.1922.61

 

Total for 24 days 1922.61x24=Rs.46143.00

2 Days Cruise @ 10000/- per dayRs.20000.00

Cash received in partial refund of AirfareRs.30000.00

•  

 

Amount PaidRs.403750.00

•  
•  

The request made by the complainant qua refund of the amount i.e. Rs. 3,07,607/- is found correct and justified.

3.  

AMC Amount Paid

1. 30.09.2018                         Rs.16,520/-          For 2 years
2. 08.01.2020                         Rs.14,042/-          For 2 years
3. 28.07.2021                         Rs.22,798/-          For 3 years
4.  

 

14.            As per details given in tabular form in preceding para above, the complainant was denied the stay facilities by the OP from the year 2020 onwards. Therefore, the complainant is entitled to the refund of AMC amount i.e. Rs.14,042/- paid on 08.01.2020 and Rs.22,798/- paid on 28.07.2021.   

15.            As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OP:-

1. To refund a sum of Rs.3,07,607/- out of the total membership fee amounting to Rs.4,03,750/- and Rs.36,840/- out of the total paid AMC, to the complainant.
2. To pay a sum of Rs.15,000/- to the complainant on account of mental agony and harassment suffered by him.
3. To pay an amount of Rs.3,000/- to the complainant as litigation charges.

16.            The OP shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OP failing which an amount of Rs.3,07,607/- shall carry an interest @9% per annum(s.i.)w.e.f. date of this order till its actual realization. Further, the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OP. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

 

Announced on: 14.08.2023

 

 

 

        Dr.Barhm Parkash Yadav      Dr.Sushma Garg          Satpal

                        Member                     Member             President

 

Note: Each and every page of this order has been duly signed by me.

 

                                               Satpal

                                         President