DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (CENTRAL)ISBT KASHMERE GATE DELHI

COMPLAINT CASE NO. 247/2019

No. DC/ Central/2021/

vs.

Coram:       Ms. Rekha Rani, President

                    Shri Vyas Muni Rai, Member

                   Ms. Shahina, Member (female)

ORDER

Ms. Rekha Rani, President

1. Sh. Ram Krishan Semwal (in short the complainant) filed the instant complaint against Country Holidays Inn & Suites (in short OP) pleading therein that OP is engaged in the business of hospitality.  In his meeting with the OP, Complainant was given an impression that OP provides family holidays at its hotels and resorts and OP allured the complainant to become its member.  Complainant believed assurances of the OP and took the membership plan on 29.12.2018 and made online payment of Rs. 1,75,000/- through Credit Card and became a member of OP vide membership No. CHISDLSA775950 and was given a certificate of membership.  OP offered various benefits which are as follows:

1. 1^st year ASF waived off
2. 5 Bonus Week
3. One week complimentary with Flight voucher worth INR 45,000/- including GST validity 1 year.
4. 2N/3D Shimla / Jim Corbett/ Gurgaon with B
5. 1N Hyatt with B
6. 1N ITC Fortune with B+D

2. Complainant vide his email dated 22.01.2019 requested the OP’s to redeem the gift voucher 2N/3D at Gurgaon from 15^th Febuary to 17^th Feburary, 2019 as the Gurgaon destination was mentioned in the gift voucher of CHIS associates properties at Gurgaon but in response to the same, the OP’s replied vide email dated 22.01.2019 at 06:00 P.M. saying that “we regret to inform you that Gurgaon is not available with us as of now against the holiday voucher”.

3. Complainant was disappointed as OP failed to fulfill its assurance and accordingly vide his email dated 23.01.2019 requested the OP to cancel his membership and refund his money with interest.  Complainant did not receive satisfactory reply from the OP so he tried to use his membership alternatively and requested OP to book Hotel Royal Palace, Delhi at requested date.  Complainant was shocked to receive reply that Hotel Royal Palace, Delhi was not available whereas availability was shown in their web portal system. 

After making sincere efforts to redeem the vouchers but having failed to do the same, complainant lodged a complaint in a Consumer Court on 29.01.2019 but on OP tendering an apology, complainant withdrew the complaint.

4. Complainant again requested OP to book Hotel Royal Palace, Delhi but again received negative response from OP who offered to book in Leela Ambience Convention Hotel Delhi.  Complainant accepted the said offer but on 05.02.2019 complainant received a mail from OP that Leela Ambience Convention Hotel was sold out on the requested dates.

5. It is further pleaded that complainant then requested the OP to reserve rooms at Dheradun which request was also turned down by the OP.

Complainant that requested OP to book tickets and hotel in month of June 2019 with destination Dubai and Singapore.OP did not book ticket or hotel as requested by the complainant.OP was also asking for extra charges which complainant was not liable to pay as per the agreement.OP is therefore stated to be guilty of unfair trade practice, and deficiency in service.Complainant has prayed for refund of Rs. 1,75,000/- with interest at the rate of 18% P.A., reimbursement of Rs. 2,11,000/- spent by complainant towards alternative holidays, Rs. 10,00,000/- as compensation for mental harassment and Rs 1,00,000/- towards litigation expenses.

6. OP remain absent despite service and was accordingly proceeded ex-parte.

7. We have perused the case file and heard Sh. Kumar Prashant, Counsel for the complainant.  Complainant has placed on record, a copy of agreement with the OP.  He has paid Rs. 1,75,000/- to OP for membership benefits. Welcome letter of OP is place on record.  OP has failed to fulfill its assurance and promise despite service of legal notice from the complainant.

8. Complainant has filed his affidavit in support of his complaint.  OP has not appeared to challenge or contest the version of the complainant, therefore, we have no reason to disbelieve the same.

9. Complaint is accordingly allowed.  OP is directed to pay Rs. 1,75,000/- to the complainant with 6% interest from the date of filing of the complaint  i.e. 13.09.2019 till the date of payment of decretal amount along with Rs. 5,000/- as litigation expenses and Rs. 10,000/-  towards mental harassment.

10. Copy of this order be sent to the parties as per rules.

Announced on this 17^th day of December, 2021.