| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 482 of 3.12.2019 Decided on: 4.6.2021 Amanpreet Singh Sehgal, aged about 32 years, son of S.Harbhajan Singh Sehgal, resident of 61, century Enclave, Phase 3, Patiala. …………...Complainant Versus - Country Holidays Inn & Suites Pvt. Ltd., Regd. Office : 2045/1, II Floor, Street No.6, Chuna Mandi, Paharganj, New Delhi-110055 through its Managing Director.
- Country Holidays Inn & Suites Pvt. Ltd.,Corporate Office;OBS Tower, Suite G-04, A Block, A-37, Sector 63, Noida Gautam Budh Nagar,UP-201301 through its Managing Director.
…………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Vinod Kumar Gulati, Member ARGUED BY Sh.G.S.Kalra,counsel for complainant. Opposite Parties ex-parte. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Amanpreet Singh Sehgal (hereinafter referred to as the complainant) against Country Holidays Inn & Suites Pvt. Ltd., and another (hereinafter referred to as the OP/s).
- The brief facts of the case are that the OPs wrongly claim to be a worldwide holiday package company having numerous tie ups with hotels. On this fact, it is averred that the complainant received a telephonic message from the OP on 29.12.2017 having invited him to Patiala Retreat Hotel, Rajbaha Road, Green View Colony, Patiala for collection of 3 gifts vouchers of Country Holiday INN & Suites. Complainant visited the OP where the OP asked him to buy their package of Rs.70,000/- and promised that the complainant will get 7 weeks in 5 years and as per 7 weeks, the complainant can book hotel for 49 days and will get a 4-5 star room in just Rs.1428/-.It was also promised by the OPs that the complainant will get complimentary breakfast each day as it has tie up with Raddison, Hyaat & Ramada. It was also promised that the complainant will get room of Rs.12-15000 only in Rs.1428/-+ AMC”. Influenced by the OP, the complainant purchased the holiday package of Rs.70,000/-from the OP and made the payment through his credit card of SBI Elite .Thereafter the OP issued Membership Number CHISPT773029 dated 29.12.2017 and also issued welcome letter in this regard. It was also told by the OPs that other than the bookings available in the membership card, the complainant can also get three gift vouchers of the company and can use the same.
- It is further averred that the complainant was shocked when at the time of booking he came to know that he was only offered 42 nights and complimentary 5 nights package and only 2-3 stars hotels were shown to them and no complimentary breakfast was being provided on bookings as promised by the OPs. Being dissatisfied with the OP the complainant cancelled the membership and requested the OPs for the refund of the amount of Rs.70,000/- and sent e-mail dated 14.1.2018 in this regard .On receipt of e-mail the OPs told the complainant that he can book complementary offers i.e. bonus weeks in which breakfast is included. The OPs also told him not to cancel the subscription. Accordingly the complainant tried to book his first complementary booking on 17.1.2019 but he got negative response as the complementary offer was valid only for one year. The complainant was also denied to avail offer of two nights in one hotel. It is averred that the OPs did not fulfill their promise and kept on harassing the complainant by imposing several terms and conditions. It is further averred that the complainant time and again tried to book more than a single room but the OPs failed to book more than a single room whereas as per clause 21 in the agreement, it is clearly stated that the party is entitled to ask for more than one room .But inspite of that the OP refused to make booking as per desire of complainant and he received e-mail that only one room can be booked and the complainant has to pay tariff against second room. Ultimately the complainant sent e-mail cum formal notices dated 9.2.2019 and 11.8.2019 to the OPs for the refund of the amount but the OPs did not reply and also have not refunded the amount inspite of repeated requests made by the complainant. There is thus clear cut deficiency in service and mal practice on the part of the OPs which caused great mental agony, tension, harassment, humiliation and inconvenience to the complainant .Hence this complaint with the prayer to accept the same by giving directions to the OPs to tender unconditional written apology to the complainant and further to refund the amount of Rs.70,000/-alongwith interest @18% per annum from the date of deposit till realization; to pay Rs.50,000/-as compensation and Rs.10,000/-as costs and litigation expenses.
- Notice of the complaint was duly served upon the OPs through registered post but the OPs did not come present to contest the case and were accordingly proceeded against exparte on 14.2.2020.
- In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C17.
- We have heard the ld. counsel for the complainant and have also gone through the record of case carefully.
- The ld. counsel for the complainant has argued that the OPs have not fulfilled the promise that the complainant will get 7 weeks in 5 years and as per 7 weeks, the complainant can book hotel for 49 days and will get 4/5 star room in just Rs.1428/-.The ld. counsel further argued that the OPs also failed to fulfill their promise that the complainant will get complimentary breakfast each day. As such complaint be allowed.
- To prove the case the complainant has tendered his affidavit Ex.CA and he has deposed as per the averments made in the complaint.Ex.C1 is the invitation by the OPs to the complainant whereby he was invited to collect three gift vouchers i.e. first gift couple PVR Movie ticket voucher, 2nd gift -2 Night & 3 days domestic holiday stay voucher and third is of Rs.10,000/-discount in international holiday packages voucher,Ex.C2 is the monthly statement showing deposit Rs.70,000/-in the name of Country Holidays INN A Noida, Ex.C3 is receipt,Ex.C4 email,Ex.C5 copy of certificate of membership issued by the OP to the complainant,Ex.C6 is welcome letter to the complainant by the OP,Ex.C7 to C9 gift voucuers,Ex.C10 invoice,Ex.C11 copy of membership proposal,Ex.C12 e-mail regarding cancellation of membership, Ex.C13 e-mail regarding reservation with gift voucher,Ex.C14 e-mail regarding booking in Lemon Tree Jaipur,ExC15 email with regard to booking in Jaipur & Agra,Ex.C16 e-mail/notice sent to the OPs for cancellation of membership and refund of charges,Ex.C17 complaints detail.
- Ex.C2 is the statement of credit card showing the deposit of Rs.70,000/- in the name of OPs and Ex.C3 is the text message with regard to the deposit of Rs.70,000/- at country holidays on 29.12.2017. Vide Ex.C10 the deposit of Rs.70,000/- by the complainant has also been authenticated.Ex.C5 is the membership certificate issued by the OPs. The OPs have failed to fulfill their promise made with the complainant at the time of offering the holiday package that the complainant would be provided 4-5 stars hotels at the time of booking but only 2-3 stars hotels were shown to them at the time of booking .Not only this only 42 nights instead of 49 nights were being provided and also no complimentary breakfast was being provided on bookings. On the assurance given by the OPs the complainant tried to book complementary offers i.e. bonus weeks in which breakfast was included. But again the OPs failed to fulfill their promise. The OPs have also not appear to contest the complaint despite sending notice to them and have chosen to remain absent.As such the averments made by the complainant remained unrebutted and uncontroverted as the OPs chose not to appear. The OPs have thus guilty of deficiency in service and mal practice on their part and are liable to refund the amount got deposited from the complainant.
- As such the complaint is allowed and the OPs are directed to refund the amount of Rs.70,000/- to the complainant alongwith interest @6% per annum from the date of deposit i.e. 29.12.2017 and also to pay Rs.10,000/- as compensation for causing mental agony tension and harassment to the complainant and also to pay Rs.10,000/-as costs of the complaint.
Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order. ANNOUNCED DATED:4.6.2021 Vinod Kumar Gulati Jasjit Singh Bhinder Member President | |
