Delhi

North East

CC/81/2020

Dr. Prakash Chand - Complainant(s)

Versus

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

12 Sep 2022

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. 81/20

 

 

In the matter of:

 

	Dr. Prakash Chand S/o Dr. Maheshwar Dutt R/o 92-C, Pocket-E GTB Enclave, Delhi-110093	Complainant
	Versus
	Country Holiday Inn & Suites Pvt. Ltd. (CHIS), Regd. Office: 2045/1, 2nd Floor Street No.6, Chunna Mandi, Paharganj, New Delhi-110055	Opposite Party

 

DATE OF INSTITUTION:        JUDGMENT RESERVED ON:                           DATE OF ORDER:

21.12.20 01.08.22 12.09.22

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

 

 

 

ORDER

Surinder Kumar Sharma, President

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 as revealed from the record is that the Complainant met with employee/agent of Opposite Party who had suggested the Complainant to purchase a Vacation Plan from Opposite Party. The Complainant relying upon the assurances and commitments of Opposite Party through its agent the Complainant agreed to purchase the plan from Opposite Party on the condition of making payment in installments. The Complainant stated that he reached the Opposite Party hotel at Noida on 17.08.19 where he met the agent of Opposite Party who told the Complainant  that he had to pay Rs. 1,70,000 in 24 equal monthly installments. As per the Opposite Party scheme the Complainant entered into contract by giving his first installment by card amounting to Rs. 80,000/- and then the Complainant was asked to make the payment of balance amount and if he failed to pay the balance amount the earnest amount of Rs. 80,000/- would be forfeited by the Opposite Party. The Complainant made the payment of balance amount then the agreement was handed over to him. The Complainant stated that he had sent many mails to Opposite Party to refund his money, then the Opposite Party offered him free trial at Rishikesh and assured him that if the services of Opposite Party were not satisfactory then the entire amount would be refunded to him. The Complainant stated that he agreed to avail the free trial at Rishikesh with his family. The Complainant submitted that all the commitments of Opposite Party were false and misleading as the room which was offered by Opposite Party was unclean and unhygienic, there were littering bottles of beer and whisky scattering around the room, there were blood strains on the wash basin and towel provided in the resort. The Complainant stated that he had sent email to Opposite Party dated 11.10.19 for withdrawing his membership. The Complainant stated that he had contracted Opposite Party via various modes and also sent a legal notice but the Opposite Party did not give any satisfactory response to him. Hence, this shows deficiency on the part of Opposite Party. Complainant has prayed for return the entire money of the Complainant i.e. 1,70,000/- and he has also prayed for Rs. 2,00,000/- on account of mental agony and harassment. He has also prayed for Rs. 10,000/- as litigation charges.
2. None has appeared on behalf of Opposite Party to contest the case despite service of notice on 07.10.21. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 14.03.22.

 

 

 

Evidence of the Complainant

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

        Arguments and Conclusion

4. We have heard the Complainant. We have also perused the file and the written statement filed by 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 discussion, the complaint is allowed. The Opposite Party shall pay an amount of Rs. 1,70,000/- along with interest @ 6% p.a. from the date of filing the complaint till recovery. The Opposite Party shall also pay the Complainant Rs. 15,000/- on account of harassment and deficiency of service along with Rs. 10,000/- on account of litigation expenses along with interest @ 6 % p.a. from the date of this order till its recovery.

 

 

6. Order announced on 12.09.2022.

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

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President