Delhi

North East

CC/429/2022

KAPIL KUMAR - Complainant(s)

Versus

COUNTRY HOLIDAYS INN. - Opp.Party(s)

09 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

Complaint Case No. 429/22

 

 

In the matter of:

 

		Sh. Kapil Kumar S/o Sh. Hariraj Singh R/o H.No. B 13/9, SaboliBagh, Part I, Delhi-110093		Complainant
		Versus
		Country Holiday Inn & Suites Pvt. Ltd. Office at:- OBS Tower, 3rd Floor, Block A, A 37, Sector 63, Noida, 201301. UP, India		Opposite Party
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                           DATE OF ORDER:		25.11.22 20.12.23 09.04.24

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

 

ORDER

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainant

1.  The case of the Complainant is that he received call from executive of Opposite Party and they told Complainant that he won a coupon for holiday package and they asked him to collect the coupon from office. On 17.11.19  Complainant visited at their office for collection of coupon then they told the required coupon. The package worth was Rs. 1,00,000/- and valid for 5 years under which Complainant and his family can visit anywhere in india once in a year for six nights and seven days. Thereafter, Complainant bought the package on 17.11.19 and Opposite Party also gave complimentary along with that package. Thereafter, nationallockdown was imposed due to covid 19. Then the Complainant decided to visit Andaman and Nicobar in November 2022 and contacted to Opposite Party on 07.09.22 for package to visit then Opposite Party informed Complainant that “this is to inform you that your requested location isnot listed with us” but initially they told me that the package is valid for all over india. Thereafter on the same day on 07.09.22 Complainant mailed Opposite Party that your sales person told me that Andaman and Nicobar island is listed with this package therefore I bought your package but still you denying but again they told me same line “that your requested location is not listed with us.” Hence, this shows deficiency in service on behalf of Opposite Party. The Complainant has prayed for refund of Rs. 1,00,000/- along with Rs. 1,00,000/- for mental harassment.
2. None has appeared on behalf of Opposite Party to contest the case. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 03.03.23.

Ex-Parte Evidence of the Complainant

3. The Complainant in support of his complaint filed hisaffidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard theComplainant.We have also perused the file and the written arguments filed by the Complainant. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above, the complaint is allowed.  The Opposite Party is directed to refund the amount of Complainant of Rs. 1,00,000/- to the Complainant which he has paid for membership valid for five years which entitled him to  holiday of six nights seven days every year for next five years from the date of agreement i.e. 17.11.19 along with interest @ 9 % p.a. from the date of filing the complaint till recovery. The Opposite Party is further directed to pay Rs. 20,000/- to the Complainant on account of mental harassment along with interest @ 9 % p.a. from the date of this order till recovery.
6. Order announced on 09.04.24.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)         Member

(Adarsh Nain)         Member

(Surinder Kumar Sharma) President