Chandigarh

DF-I

CC/129/2020

Sameer Sharma - Complainant(s)

Versus

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

In Person

20 Aug 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/129/2020
Date of Institution	:	11/03/2020
Date of Decision	:	20/08/2021

 

Sameer Sharma, aged 48 years, son of Sh. Naresh Kumar, resident of House No.3005-A, Sector 29-D, Chandigarh.

… Complainant

V E R S U S

1. Country Holidays Inn & Suites Pvt. Ltd., Corporate Office at OBS Tower, Suite G-04, A Block, A-37, Sector 63, Noida, UP through its Managing Director.
2. Country Holidays Inn & Suites Pvt. Ltd., 156-160, Old L St, Sector 8-C, Chandigarh 160009, through its Manager. [Proceedings dropped against OP-2 vide order dated 18.12.2020]

… Opposite Parties

CORAM :	SHRI RAJAN DEWAN	PRESIDENT
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                               

ARGUED BY	:	Complainant in person.
	:	OP-1 ex-parte

 

Per Rajan Dewan, President

1.      Allegations in brief are, on 17.2.2018, complainant entered into vacation purchase agreement/membership with the OPs which entitled him holidays of 6N/7D (Studio Unit) each year for five years. The complainant made the payment of ₹90,000/- to the representative of the OPs at Chandigarh. The complainant availed the services of the membership in December 2018 when he visited Kerala and in the year 2019 when he visited Rajasthan.  Averred, complainant intended to visit Ahmedabad on 2.1.2020 and made request to the OPs on 13.10.2019 but the same was turned down on the plea portal was not activated. The complainant made fresh request on 6.12.2019 for Jan 2-3 and Jan 6, but the same were not acceptable to the OPs being completely blocked. The representative of the OPs asked the complainant to plan the trip either before December 20 or after January 5. On 10.12.2019 complainant was given option to choose either Cama Hotel or Cambay Grand Hotel in Ahmedabad, which on checking from internet were found to be substandard. Thereafter when the complainant resisted, he was given option of two hotels and on 14.12.2019 he chose Hotel Aloft in Ahmedabad for Jan 2 and 3. On 15.12.2019 the complainant got an email from the OPs stating that Hotel Aloft was available with breakfast only so he needed to deposit ₹1,888/-, but, he was not willing to have breakfast in the hotel. On 17.12.2019 the representative of the OPs promised to send confirmation within 72 hours.  However, despite requests, complainant neither got confirmation of Hotel Aloft in time nor was provided hotel in OP listed properties for 6.1.2020.  Left with no option he himself booked Hotel Aloft and paid ₹6,300/- from own pocket.  He reached Ahmedabad and checked in at the hotel at 1 PM on 2.1.2020. At 2.37 p.m. he got call from the representative of the OPs that the confirmation had been sent. As per the complainant his stay at Hotel Cambay Grand (on 6.1.2020) was also worst as no facilities were provided; cockroaches were found in room; room was not neat and clean etc. Thus, the OPs did not fulfill their promise and provided substandard hotels. The OPs always gave poor services to the complainant. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, complainant has filed the instant consumer complaint.
2.     Registered notice was sent to OP-1 which was presumed to have been served. Since none appeared on behalf of OP-1, therefore, vide order dated 29.9.2020 of this Commission, it was proceeded against ex-parte.
3.     In view of the application moved by the complainant, proceedings against OP-2 were dropped vide order dated 18.12.2020 of this Commission.
4.     Complainant led evidence by way of affidavit and documents.
5.     We have heard the complainant in person and gone through the record of the case.
6.     Annexure C-1 is the copy of the agreement dated 17.2.2018 executed between the parties whereby complainant was provided stay of 6 nights and 7 days per year for five years from the date of the agreement at total cost of ₹90,000/- which was duly paid by the complainant. The complainant availed the services of the membership in December 2018 and in the year 2019 for visiting Kerala and Rajasthan respectively. The stand of the complainant is that he planned to visit Ahmedabad on 2.1.2020 and made requests to the OPs well in advance, but, the same were not acceded to on one or the other ground viz. portal not activated, dates blocked etc. On one occasion the representative of the OP asked the complainant to plan his trip either before December 20 or after January 5. The complainant was asked to give option to choose from either Cama Hotel or Cambay Grand Hotel in Ahmedabad which were substandard. On 14.12.2019 complainant chose Hotel Aloft in Ahmedabad for Jan 2 and 3 (2020). On 15.12.2019 complainant was informed by the OPs to deposit ₹1,888/- as Hotel Aloft was available with breakfast only. As the complainant despite requests neither got confirmation of Hotel Aloft in time nor was provided hotel in OP listed properties for 6.1.2020, therefore, he himself booked Hotel Aloft and paid ₹6,300/- from own pocket. The contention of the complainant is that the OP failed to fulfill its promise, provided substandard hotels and poor services to the complainant. The complainant has placed on record email correspondence (Annexure C-3, C-4, C-6 and C-7) exchanged with the OPs with regard to booking and the inconvenience faced by him which is self explanatory.
7.     Before proceeding further, it is worth mentioning here the complainant has himself admitted that he enjoyed the benefits of the membership of the OPs by availing holidays in Kerala in December 2018 and Rajasthan in 2019. Though the complainant has alleged that he faced hardship during that period also, but, he has not annexed any documentary evidence to say that any complaint or grievance was raised by him with the OPs with regard to their services earlier also. Hence, in the absence of such evidence, it can be safely concluded that complainant did not face any problem in the services of the OPs with regard to the membership opted by him prior to 2020, therefore, he is not entitled for refund of the entire membership amount.
8.     From the evidence on record, the sole grievance of the complainant is with regard to his Ahmedabad holiday where he faced inconvenience, wrote lengthy emails and even requested for refund of amount, which was refused by the OPs. We are of the view that if the complainant cannot claim the whole amount then the OPs can also not be allowed to render deficient services and keep on enjoying the benefits of the amount deposited by the complainant. The complainant sought refund of his amount only after facing a lot of inconvenience and embarrassment due to the act and conduct of the OPs. It is not the first time that such a consumer has approached this Commission after facing harassment at the hands of OPs (or such like service providers) who initially while selling their product paint very rosy pictures about their product/services, but, subsequently fail to comply with the same and when such a consumer, feeling harassed and cheated, approach them for refund, they under the garb of some agreement or otherwise refuse to do so.
9.     In order to rebut the allegations of the complainant, it was imperative for OP-1 to file its written reply alongwith some cogent evidence. However, what to talk of rebutting the allegations, OP-1 did not put in appearance before this Commission and chose to be proceeded against ex-parte. This act of the OP draws an adverse inference against it and proves that it has nothing to say in its defence qua the allegations made by the complainant. Hence, in the absence of anything to the contrary, the allegations of the complainant go unrebutted and uncontroverted. Hence, OP-1 is proved to have indulged in deficiency in service as it failed to provide the promised services and refund the amount.
10.     In view of above discussion, present consumer complaint succeeds and the same is accordingly partly allowed. OP-1 is directed as under :-

1. to cancel the membership of the complainant and refund the balance amount (after making proportionate deduction towards two holidays availed by him), alongwith interest @9% per annum w.e.f the date of lodging the grievance i.e. 30.1.2020 till realization;
2. to refund the amount of 6,300/- spent by the complainant for stay at Hotel Aloft in Ahmedabad alongwith interest @9% per annum w.e.f. 1.1.2020 (i.e. date of booking) till realization;
3. to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to him;
4. to pay ₹7,000/- to the complainant as costs of litigation.

11.     This order be complied with by OP-1 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) to (iii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iv) above.
12.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
20/08/2021	[Suresh Kumar Sardana]	[Rajan Dewan]
hg	Member	President