Chandigarh

DF-I

CC/580/2021

Bharti Arora - Complainant(s)

Versus

Country Holidays Inn & Suites Pvt. Ltd. - Opp.Party(s)

Anurag Singh Tagra

09 May 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

1. Bharti Arora aged 38 years wife of Sh.Manu Arora resident of House No.448, Sector 12-A, Panchkula (Haryana)-134115.

     Email Id:-bharti.fcs@gamil.com, manu448@gmail.com

2. Manu Arora aged 43 son of Sh.Balraj Arora House No.448, Sector 12-A, Panchkula (Haryana)-134115. (First Address)

     Email Id:- manu448@gmail.com

     Allengers Medical System Limited, SCO 212-213-214, Sector 34-A, Chandigarh-160022. (Second Address)

… Complainants

V E R S U S

Country Holidays Inn & Suites Private Limited through its Managing Director. Address 1:- SCO 156-160, Old L Street, Sector 8C, Chandigarh-160009.

Country Holidays Inn & Suites Private Limited through its Managing Director. Address 2:- OBS Tower, 3^rd Floor, A-Block, A-37, Sector-63, Gautam Budh Nagar, Noida (Uttar Pradesh)-201301.

Address 3 (Registered):- Country Holidays Inn & Suites Private Limited, 2045/1, 2^nd Floor, Street No.6, Chuna Mandi, Paharganj, New Delhi, Central Delhi, DL-110055.

Email Id:-

… Opposite Party

Per Suresh Kumar Sardana, Member

1.      Briefly stated the allegations are that the complainants alongwith daughter were attended by Mr.Rohit who introduced himself as the sales executive and Mr.Kamesh introduced himself as the Table Manager and they both allured the complainants with lucrative offers and coaxed and urged the complainants to avail for a 10 years’ membership which was allegedly given at discounted rate of Rs.1,10,000/-. The said Table Manager also allured the complainants with additional complimentary stay for 5 persons in Hotel J.W. Marriot, Chandigarh for four adults and one child with 100% discount on breakfast, lunch, dinner, birthday cake and fruit champagne as the date of the complainants daughter namely Chhavi coincided with date of birth of the said Sales Executive. The complainants fell into the hypnotic misleading trap which was laid with an intention of wrong selling practice by the abovementioned representative of the Opposite Party and thus the complainants agreed to avail the 10 years membership for Rs.1,10,000/-. As per complainant, the Opposite Party gave wrong commitment, and due to unfair and wrong practice, an amount of Rs.1,10,000/- was debited from complainant No.1’s HDFC Credit Card account which did not have the EMI option. A copy of the statement dated 15.08.2020 which is annexed as Annexure C-5. The Opposite Party gave a so-called complimentary voucher in Hotel Radisson, Zirakpur for 5^th and 6^th September, 2020 but the commitment of 100% discount on breakfast, lunch, dinner, birthday cake and fruit champagne was not fulfilled. The food quality was not good and the room AC was not working to the satisfactory level and the bed sheets of the said room were not clean and smelled badly. The said deficiency was duly informed to the Opposite Party, but they evaded the reply to the same and gave lame excuses with the false assurances. The copy of the screen shot of the Whatsapp chat which is annexed as Annexure C-6 (Colly). The aforesaid act amount to deficiency in service and unfair trade practice on the part of Opposite Party, complainants have filed the instant consumer complaint.
2.     Notice of the complaint was sent to Opposite Party seeking its version of the case. However, nobody appeared on behalf of Opposite Party despite service, therefore, it was proceeded ex-parte on 11.01.2022.
3.     Complainants led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the complainants and gone through the record of the case. After perusal of record, our findings are as under:-
5.     On perusal of Annexure C-5, it is observed that the complainants have paid Rs.1,10,000/- to the Opposite Party towards membership on 12.08.2020 which is evident from the correspondence annexed as Annexure C-6 (colly). It is very clear from the correspondence annexed at Annexure C-6 (colly) that the Opposite Party failed to provide the proper services/membership facility to the complainants. 
6.     Significantly, Opposite Party did not appear to contest the claim of the complainants and preferred to proceed against ex-parte. This act of the Opposite Party draws an adverse inference against it. The non-appearance of the Opposite Party shows that it has nothing to say in its defence against the allegations made by the complainants. Therefore, the assertions of the complainants go unrebutted and uncontroverted.
7.     Though the complainants have desired a refund of whole amount of Rs.1,10,000/-. However, it is also observed that the complainants have availed partial services from the Opposite Party for which it would be reasonable to deduct an amount of Rs.15,000/-. Hence this amount is required to be deducted by the Opposite Party for rendering partial services which are availed by the complainants.
8.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. Opposite Party is directed as under :-

1. to refund an amount of ₹95,000/- (Rs.1,10,000-15,000 services utilized)
2.  to the complainants alongwith interest @ 9% per annum from the date of payment of this amount towards membership.
3. to pay an amount of ₹15,000/- to the complainants as compensation for causing mental agony and harassment to them;
4. to pay ₹7,000/- to the complainants as costs of litigation.

9.     This order be complied with by the Opposite Party 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.