FINAL ORDER/JUDGEMENT

Smt. SAHANA AHMED BASU, Member,

Complainants’ case, in brief, is that being allured to the representation of the Agent of OPs complainants haveentered into an agreement for OPs.’ Blue category club membership for 5 years bearing No. CVKKIVLB51338 by depositing Rs.71000/- exclusive of AMC through his ATM card on 20/04/2018. After signing the sale agreement OP3 offered a special discount on ATM at a consideration of Rs.40,000/- and accordingly the complainants paid a sum of Rs.40,200/- through online payment towards AMC on 23/06/2018 . Thereafter the complainant got a voucher from the OPs wherein they have received a complimentary 2 night and 3 days package free along with Rs.2000/- worth free coupon for every trip . Therefore, the complainants planned to go on a holidays to Vizag – Araku as instructed by the OP3 and informed the same to the OP3 .But no online hotel booking was available in the website of the OP1The OP3 advised the complainants to book the tickets first and  then to inform the OP3 about the tour program . The complainants did the same  and got the confirmation from the OP1 on 03/07/2018 about the tour plan for Vizag.On 28/07/2018 the complainants were informed that the tie up of the OPs with the Vizag communication was withdrawn and accordingly complainants were constrained to book another hotel at their own. It is also informed by the OPs to the complainant that booking of hotel in Hyderabad will be available subject to payment of extra cost for fooding amounting to Rs.12,736/ . Nowhere in the said Agreementit is mentioned that for booking of hotel fooding is mandatory. Thereafter as per advice of the OP3 the complainants sent an email to one Rajendra Reddy requesting to book hotels for lodging only and the said person replied the complainants asking them to book online . At that time on 05.08.2018 all the bookings were sold out as such the complainants called the OP3 to solve the problem. The OP3 informed the complainants via email dated 07/08/2018 that a room will  be available at Hyderabad subject to payment of extra sum of Rs.4065/- on account of fooding facility. Thereafter the complainants sent an email to the OPs on 27/08/2018 requesting them for refund of Rs.1,11,000/- being the amount paid by the complainant. As the OPs did not pay any heed to the said request series of reminder were made through email but the Ops did not communicated with the complainants. Having no other alternatives the complainants lodge this instant case before this Ld. Commission seeking relief/reliefs.

The instant consumer complaint is resisted by the OPs by filing W.V. contending inter alia that theinstant complaint petition is false fabricated and cooked up stories.  Complainants have never approached the OPs for any such reservation. The reservation procedure for the complainant was clearly mentioned in the agreement and the complainant failed to comply with such procedure. As per the agreement the complainant were given their reservations at Vizag – Araku  with the need of further payment of the booking which the complainants miserably failed to pay and the complainants’ reservation by the OPs was cancelled on the abovementioned ground. As per the agreement only lodging was free,fooding and additional services are chargeable which was duly mentioned in the agreement . OPs further submitted that the amount paid by the complainant is not a deposit and it is non refundable as it is mentioned in the agreement and thus any such whimsical request by the complainant could not be entertained by the OPs. Therefore the demands of the complainants are unreasonable and unrealistic. As such, OPs have prayed for dismissal of the instant consumer complaint.

Ld. Advocate for the complainants has advanced the case by adducing relevant evidences and documents. Both parties have replied the questionnaire set forth by their adversaries vice versa . BNA is filed on behalf of the complainant. We have gone through all the evidences and documents on record and gave a thoughtful consideration to the entire fact.

It is admitted fact that complainants have purchased blue category Membership from OPs against payment of Rs.71,000/-  on 20/04/2018 and RS. 40,000/- as AMC on 23/06/ 2018. Complainant alleged that after purchasing the said Membership they planned for a tour to Vizag – Arakuand asked the OP3 to book the hotels at the said destinations and the OP3 asked the complainant to book the  ticket and thereafter to inform the OP3 about the details tour programme. The complainant acted asper advice of the OP3 and received confirmation from the OP1 regarding said tour. But on 28/07/2018 complainants were informed by the OPs that the tie up of the OPs with the Vizag accommodation was withdrawn without explaining any reason. The complainants were constrained to book another hotel at Vizag at their own cost. It is also alleged by the complainant that the OPs informed the Complainants that the booking at Hyderabad hotel will be available upon payment of extra charges for food amounting to Rs.12,376/-.Then the complainant communicated with one Rajendra Reddy requesting to book hotel for lodging only and the said person replied the complainants to book hotel online. As all booking were sold out the complainants called the OP3 to solve the problem and to provide hotel accommodation. The OP3 informed the complainant that a room at Hyderabad is available subject to payment of extra sum of Rs.4065/- for food.  Photocopy of the mail dated 03/08/2018 to the abovementioned Rajender Reddy shows that the Complainant No.1 wrote that :

“I, Smt. TriptiMukherjee , want to book one double- bedded room at the property of your esteemed establishment at Hyderabad from 11/10/2018 morning to 16/10/2018 morning , without any intrinsic facility of fooding. However, as I was informed through mail that I got a food voucher worth Rs.2000/- per vacation , please issue us the voucher for production there at. If any extra fooding be required at any later point of time, we will get that out of our pocket.”

 Photocopies of the booking request CVKKIV5LB251338 annexed by the complainant goes to show that ‘Rs.4336‘Meal Charges /- ( Breakfast) *per 4 Adults*’ is included and Booking mail on behalf of the OPs dated 07/08/2018 reveals that stay at Hyderabad of the complainants  had beenconfirmed with ‘Meal ChargesRs.4065/-(Breakfast) per 3A’. Clause 29 of the said agreement under Terms & Conditions states that :

Pickup/Drop/sightseeing/breakfast/lunch/dinner may be arranged on request ONLY at an additional charge.

Therefore it is clear from the above clause that fooding is not mandatory for hotel booking.In reply to the questionnaire of the complainant OP1 submittedthat :

“Yes , food charges were mentioned and needed to be paid in order to confirm the booking .”

In view if the above facts it is observed that the OPs violated their own terms and conditions by adding meal charges without request on the part of the complainant for confirming the hotel booking.

On the other hand, OPs did not file any document regarding the said agreement on negotiation with the complainants. Ld. Advocate for the OPs denied the allegation made by the complainant by showing terms and conditions where it is mentioned that the membership fee and the vacation Charges are not refundable and not an investment, which are not a refundable under any circumstances. We have perused the documents carefully and did not find any such clause. On perusal of the documents on record it is found that being dissatisfied with the service of the OPs the complainants expressed their desire to discontinue the said membership of the OPs and claimed refund of Rs.1,11,000/- which they have invested  vide letter dated 27/08/2018 and send a reminder on 30/06/2018 through email . No communication or reply is found from the end of the OPs in this regard except system generated response which states :

Thank you for reaching customer care Country Club holidays and Hospitality Ltd , we will be addressing your concern at the earliest based on the priority of the complaint.

O.Ps. submitted that the complainants have deliberately suppressed and concealed various material facts related to membership Agreement. But they did not explain the fact as put in the complainant petition that complainants won some lucky draw coupon on purchase some material on 19/04/2018 from the Country Club Hospitality and Holidays they were Informed to attend the representation of the OPs on20/04/2018 at city Centre 2 to encash that gift voucher. In reply, OPs submitted that  the OPs do not indulge in any sort of product /material business. Thus getting voucher by buying a product/material from the OPs is out of question and they craved leave from the Ld. Forum “to file supporting evidentiary documents as well as any other written Objection if any during the course of this instant matter along with its evidence in chief.”But the OPs failed to furnish any piece of evidence in support of such contention. As such, the case of transparency, aforesaid, could not be established by the OPs.

            In this context, we are of the opinion that the gesture of the OPs by refusing to cancel the agreement and to refund the deposited sum, is surely falls under unfair trade practice on the part of the OPs.

Therefore, complainants are entitled to get relief or reliefs as prayed for after deducting the administration charges of Rs.3800/- .

In result, the case merit succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest against the OPs. with cost of Rs.10,000/-.

OPsAre jointly and severally directed to refund Rs.1,07,200/- to the complainant along with litigation cost within 45 days from the date of this order.

OPs are further jointly and severally directed to pay Rs.20,000/- to the complainants as compensation for causing harassment, mental pain and agony.

Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order.