Punjab

Sangrur

CC/95/2019

Khushdeep Singla - Complainant(s)

Versus

Disney Holiday Inn and Suites India Private Limited - Opp.Party(s)

Sh.Manpreet Singh Khangura

18 Jan 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR.

                                                       

                                                Complaint No.  95

                                                Instituted on:    08.03.2019

                                                Decided on:       18.01.2021

 

Khushdeep Singla son of Late Sh. Kewal Krishan Singla, resident of H.No.87-88, Street No.2, Bachittar Nagar, Patiala.

                                                        …Complainant

                                Versus

1.             Disney Holiday Inn and Suites India Private Limited, G-19, 3^rd Floor, Near Sector 16, Metro Station, Sector-3, Noida, through its Managing Director 110096.

2.             Nitin Rao, Sales Manager (Employment ID No. DHI-004), Disney Holiday Inn and Suites India Private Limited, G-19, 3^rd Floor, Near Sector 16, Metro Station, Sector-3, Noida.

3.             Sonu, Authorised Representative, Disney Holiday Inn and Suites India Private Limited, G-19, 3^rd Floor, Near Sector 16, Metro Station, Sector-3, Noida.

                                                        ..Opposite parties.

For the complainant  :       Shri Manpreet Singh Khangura, Adv.

For Opp.Parties                :       Exparte.

 

Quorum:   Shri  Jasjit Singh Bhinder, President

                Shri V.K.Gulati, Member

 

Order by : Shri Jasjit Singh Bhinder, President.

1.             Shri Khushdeep Singla, complainant  has preferred the present complaint alleging that Ops number 2 and 3, who are the Sales Manager and representative of OP number 1 and made a call to the complainant and asked to attend their meeting at Sangrur for getting the membership in their company on 2.2.2019. As such, the complainant met the Ops number 2 and 3 at Sangrur and they allured the complainant saying that if he will pay Rs.60,001/- to them, then they will provide holiday package for eight years (3+3+2) for two adults and two children and all the persons will stay in hotel for 6 nights and 7 days in a year. They also stated that they will provide foreign tour of Asia which includes air tickets and stay in hotel at free of cost.  

 

2.             Further case of the complainant is that under the allurement of OP number 2 and 3 the complainant paid an amount of Rs.60,001/- to the Ops through his credit card which was deducted on 2.2.2019.  Further case of the complainant is that thereafter he received an email on 4.2.2019 from the Ops in which the Ops stated that the package is for 7 days every year in hotel and resort and the package is for Max occupancy for two adults and 2 kids (under 9 years) and AMC of Rs.7000/- is per year in India.  Further case of the complainant is that the complainant sent an email dated 5.2.2019 to the Ops and stated that the terms and conditions mentioned in the said email have not been disclosed at the time of explaining the scheme.   Further the Ops again sent an email dated 19.2.2019 and stated that the complainant along with his wife and children will reside in any hotel or resort and they will not charge any extra money for the children but the Ops remained adamant for AMC charges of Rs.7000/- which are illegal.   Thereafter the complainant asked about the charges of tour package for foreign country, then the Ops stated that if the complainant will visit foreign country, then he will have to pay extra money for his children,  as the same is not included in the package.  The complainant sent an email dated 10.2.2019 to the Ops within the cooling period of 30 days and requested to cancel his membership and to refund the amount, but the Ops put the matter on one pretext or the other. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the Ops be directed to refund to the complainant the amount of Rs.60,001/- along with interest @ 18% per annum from the date of getting the tour package till realisation and further claimed compensation and litigation expenses.

3.             Record shows that OPs  were proceeded against exparte on 16.5.2019 as they did not appear despite service.

4.             The learned counsel for the complainant produced his evidence Ex.C-1 to Ex.C-14 and closed his evidence.

5.             The learned counsel for the complainant has argued that the Ops number 2 and 3 approached the complainant by making a telephonic call to the complainant and asked to attend their meeting at Sangrur for getting the membership in their company on 2.2.2019. As such, the complainant met the Ops number 2 and 3 at Sangrur and paid an amount of Rs.60,001/- to the Ops through his credit card which was deducted on 2.2.2019 from his bank account with HDFC Bank Ltd,  as is evident from the copy of bank account statement, which is on record.  Further the learned counsel for the complainant has argued that thereafter he received an email on 4.2.2019 from the Ops in which the Ops stated that the package is for 7 days every year in hotel and resort and the package is for Max occupancy for two adults and 2 kids (under 9 years) and AMC of Rs.7000/- is per year in India.  Further the learned counsel for the complainant has argued that the complainant sent and received various emails, copies of which are on record as Ex.C-10 whereby he sought refund of the deposited amount from the Ops. Ex.C-11 is the copy of member application form, which clearly reveals that the complainant paid an amount of Rs.60000/- to the Ops vide receipt dated 2.2.2019.  There is no doubt true that the complainant applied for refund of the amount of Rs.60,000/- as the terms and conditions of the Ops mentioned in the application form did not suit him, which were not earlier intimated to the complainant.  In the circumstances, we feel that the OP number 1 is liable to refund to the complainant the so deposited amount of Rs.60,001/-.   It is worth mentioning here that all the Ops chose to remain exparte in the present case. 

 

6.             Taking the facts and circumstances of the complaint, the complaint is partly allowed and OP number 1 is directed to refund to the complainant an amount of Rs.60,000/- so deposited by the complainant along with interest @ 6% per annum from the date of deposit i.e. 2.2.2019 till its realisation. The OP number 1 shall also pay to the complainant an amount of Rs.5,000/-  on account of litigation expenses.  This order be complied with within sixty days of its communication.

7.              A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

                                Pronounced.

       

                                January 18, 2021.

 

             (Vinod Kumar Gulati)           (Jasjit Singh Bhinder)

                         Member                          President