BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

  Complaint No.221 of  2023

      Date of Instt. 01.06.2023

      Date of Decision: 30.09.2024

Rajni Oberoi wife of Sh. Amit Oberoi, resident of 313-A1, Maharaja Ranjit Singh Avenue, Amritsar Bye-Pass, Jalandhar.

..........Complainant

Versus

Country Holidays Travels India Pvt. Ltd., H-17, G-01, Block-H, Sector 63, Noida, Uttar Pradesh-201301 through its Managing Director/Director.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       None for the Complainant.

                   OP exparte.

Order

Jyotsna (Member)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the complainant has purchased Hyundai Creta Car, in the month of July, 2022 from Northern Motors, Ludhiana. After purchasing the said car, the OP, its employees have called the complainant telephonically in the month of October, 2022 and informed her as she have purchased new Creta car and they have offer for her for her vacation trip and invited the complainant on 02.11.2022 to the complainant at Hotel Ramada, Jalandhar. On proposal of the OP, the complainant has visited the Hotel Ramada and at that time employees of the OP, introduced themselves as employee of the Country Holidays Travels Pvt. Ltd. and offered a holiday plan to the complainant. The OP assured the complainant they are providing free accommodation to the complainant for vacation and issued Gift Vouchers as well as Ticket of PVR to the complainant. On assurance and inducement of the OP, the OP offered the complainant a holiday plan and also told the complainant that OP have various hotels, vacation accommodation’s in the various countries. The OP has also assured the complainant that there is having accommodation/hotel in Canada also. The son of the complainant is studying in Canada in Toronto and he will get his annual convocation in August 2023, the complainant told OP as they are going to Canada for their son’s annual convocation, employees of OP assured the complainant they will provide one month stay in Canada, if the complainant will get the membership after depositing Rs.1,70,000/- in the name of company account. On allurement of OP, the complainant deposited Rs.35,000/- through debit card, Rs.45,000/- through credit card in company’s name. Earlier the OP assured the complainant no interest will be paid by the complainant if the complainant pay the entire amount in 24 installments by credit card, but unfortunately interest was paid by the complainant on payment and when the complainant came to know the interest to be paid by her, she has deposited all the amount with OP. When the complainant came regarding the fact that the OP have no accommodation in Canada, the OP again assured the complainant if they will pay lump-sum Rs.60,000/- in their account, they will give Rs.30,000/- discount on total amount and will also arrange accommodation for one month in Canada. After depositing the full and final payment with OP, the OP has not confirmed her booking in Canada. Many times through whatsapp chat as well as telephonically conversation, employees of OP have also confessed their guilt and assured the complainant that they are very shortly going to arrange accommodation of the complainant for one month in Canada, but till today the complainant is unable to get positive response from OP. The complainant get perturbed from OP negative attitude and requested to return their money as OP have cheating intentionally to the complainant by giving false promises regarding their accommodation available in Canada. The complainant requested to return all her money deposited with OP, but till today, OP have not returned money to the complainant, neither have arranged any accommodation to the complainant in Canada, nor have returned the complainant’s deposit with the OP. Thus, the OP has intentionally cheated the complainant. Even legal notice was served to the OP, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OP be directed to return back the amount of Rs.1,70,000/- alongwith interest or to make arrangement one month accommodation in Canada to the complainant and further OP be directed to pay a compensation of Rs.5,00,000/- for causing mental tension and harassment to the complainant alongwith litigation expenses.

2.                Notice of the complaint was given to the OP, but despite service OP failed to appear and ultimately OP was proceeded against exparte.

3.                In order to prove her respective version, the counsel for the complainant has produced on the file duly sworn affidavit of the complainant Ex.CA alongwith documents Ex.C-1 to Ex.C-6.

4.                We have gone through the contents of the complaint as well as documents produced by the complainant very minutely.

5.                From the scrutiny of the documents, it transpires that the OP, who is in the business of providing hotel, hospitality, time share holiday and resort etc. services invited the complainant to come to hotel Ramada Jalandhar and prevailed upon her to purchase an international holiday package scheme for Rs.1,70,000/-. The OP had assured the complainant that they have accommodation/hotel in Canada also. The son of the complainant was studying in Canada and the complainant was to go to Canada for his son’s annual convocation in August 2023. The employees of the OP assured the complainant that they will provide the complainant one month stay in Canada. Based upon the various promises made by the employees of the OP, the complainant agreed to purchase the package/scheme from the OP. The complainant made the payment of Rs.45,000/- through credit card and Rs.35,000/- through debit card on 02.11.2022, which is evident from Ex.C-2. The balance amount of Rs.90,000/- was to be paid in 24 EMIs. The OP again assured the complainant if she pay lump-sum of Rs.60,000/-  in their account they will give Rs.30,000/- discount on total amount and will also arrange accommodation for one month in Canada. The complainant deposited the balance amount of Rs.60,000/- on 21.12.2022, which is evident from Ex.C-4. Despite repeated requests by the complainant, the OP failed to provide accommodation in Canada. When the complainant came to know regarding the fact that the OP has no accommodation in Canada and had made her false promises, she requested the OP to return her money. The OP has also not provided any membership letter to her.

6.                On the other hand, the OP has not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by her own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-6.

7.                One of the vital conditions of the valid and legal contract is that there must be free will of the parties and there must be meeting of minds on the terms and conditions of the contract in the similar way. Even in the Indian Contract Act, some of the contracts are voidable when the same are based on or created by misrepresentation. In the present complaint too, the complainant complained that she was allured and explained about the different terms, benefits, facilities which actually were not available. The complainant never received the copy of agreement. The complainant was not given opportunity to go through the terms and conditions of the offer letter while signing the same. Being influenced by the allurements made by the representative of OP and after knowing the actual situation the complainant without any delay apprised OP that the terms and conditions and facilities were not inconsonance with the initial proposal or invitation of her made by the representative of OP. By not honouring the request of the complainant to cancel the membership and by not refunding the amount, the OP is found to be deficient in rendering service and indulging into unfair trade practice.

8.                In view of the above detailed discussion, we are of the opinion that complaint deserves to be allowed and accordingly, the complaint of the complainant is partly allowed and OP is directed to refund Rs.1,40,000/- to complainant alongwith interest @ 9% per annum from the date of payment till its realization. Further, OP is directed to pay a compensation of Rs.10,000/- for causing mental tension and harassment to the complainant and Rs.8000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

9.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

30.09.2024         Member                          Member           President