DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA

C.C. No. 315 of 26-11-2019

Decided on : 06-05-2022

1. Nakul Kumar S/o Govind Ram R/o H. No. 167, Kamla Nehru Colony, Bathinda.

2. Sanjeev Kumar S/o Hem Raj R/o H. No. 9350, Pujjan Wala Mohalla, Bathinda.

........Complainants

Versus

Disney Holiday Inn & Suits India Pvt. Ltd., B-93-B-OPO SBI Bank, Sector 2, Noida 201 301.

.......Opposite party

Complaint under Section 12 of the Consumer Protection Act, 1986

QUORUM

Sh. Kanwar Sandeep Singh, President

Sh. Shivdev Singh, Member

Smt. Paramjeet Kaur, Member

Present

For the complainant : Sh. Deepak Das, Advocate.

For opposite party : Exparte

ORDER

Kanwar Sandeep Singh, President

1. The complainants Nakul Kumar and Sanjeev Kumar (here-in-after referred to as complainants) have filed this complaint U/s 12 of Consumer Protection Act, 1986 (Now C.P. Act, 2019, here-in after referred to as 'Act') before this Forum (Now Commission) against Disney Holidays Inn & Suits India Pvt. Ltd., (here-in-after referred to as opposite party).

2. Briefly stated the case of the complainants is that the opposite party approached the complainants telephonically and asked them to attend a seminar of their company namely Disney Holioday Inn & Suites India Pvt Ltd at Hotel Stella, Bathinda on 29.05.2019. During seminar, the complainants were explained about the holiday packages offered by opposite party. The complainants opted for a holiday package namely All Seasons 3 Year Gold Card Scheme, which offered 5Nights/6Days package in Asia in the hotels being run by opposite party. The cost of said package was Rs 45000/- which was paid by the complainants through their bank account/ ATM card and subsequently, complainants were issued a membership no DHISAIS701.

3. It is alleged that after booking of package, the complainants requested the opposite party to get booked two rooms in a hotel in Manali for 5 Nights /6 Days starting from 27th June 2019 to 1st July, 2019. The complainants sent a mail in this regard to the opposite party on 12th June 2019 vide which they requesed the opposite party to book rooms for them as per package deal. The opposite party did not revert the mail, and when complainants made a telephone call to opposite party they flatly refused to book the rooms for them. Complainants explained to opposite party that they have opted for membership and opposite party had promised to book rooms for complainants, but the opposite party refused to make the booking for the complainants.

4. The complainants alleged that they sent a mail to opposite party to cancel their booking and refund the booking amount, but to no effect. The opposite party till date, has not reverted the mails. The complainants even made numerous phone calls to the opposite party to cancel their booking but the opposite party flatly refused to listen and has refused to refund the money to complainants. The complainants got issued legal notice to the opposite party on 12.07.2019, in this regrd but the opposite party has not responded to that notice also.

5. The complainants further alleged that they are suffering from great mental tension, agony, botheration and harassment due to above said arbitrary act of the opposite party and such, complainants are entitled to recover their membership fee alongwith compensation and litigation expenses.

6. On this backdrop of facts, the complainants have prayed for directions to the opposite party to refund Rs 45,000/- and pay compensation of Rs 1,00,000/- alongwith litigation expenses.

7. Registered A.D notice of complaint was send to the opposite party, but none appeared on its behalf. As such, exparte proceedings were taken against the opposite party.

8. In exparte evidence, complaiants tendered photocopy of approval form (Ex. C-1), photocopy of e-mails (Ex. C-2 & Ex. C-3), photocopy of legal notice (Ex. C-4), affidvits of complainants both dated 26-11-19 (Ex. C-5 & Ex. C-6) and postal receipt (Ex. C-7).

9. Learned counsel for the complainants reiterated his stand as pleaded in complaint.

10. We have heard learned counsel for the complainant and gone through the record.

11. In the case in hand, the complainants got book holidays package with the opposite party and paid Rs. 45,000/-. Ex. C-1 is the Approval Form dated 29-5-2019 which proves that All Season 3 Years Gold Card package was got booked by the opposite party for which complainants paid full payment i.e. Rs. 45,000/- through Card. Vide this document, opposite party approved 5 Nights/6 Days Holiday Asia Stay to the complainants and Annual Maintenance Charges were Rs. 7,000/-. The complainants vide e-mail dated 12-6-2019 (Ex. C-2) requested the opposite party to book two rooms in hotel at Manali from 27-6-2019 to 1-7-2019, but no response was received from the opposite party.

12. After repeated requests of complainants, when no booking was confirmed by the opposite party, the complainant sent e-mail dated 13-6-2019 whereby he requested the opposite party to cancel the membership and refund the membership fee. The complainants have also mentioned in this e-mail that the empoyee of the opposite party namely Mr. Sazid Alam and Mr. Ram again demanded Annual Maintenance Charges and told the complainants that these charges were required to be paid at the time of each and every booking whereas at the time of providing membership false promises were made by the opposite party regarding booking and AMC.

13. The opposite party did not send any reply to the above said e-mails of the complainants and ultimately complainants got served legal notice dated 12-7-2019 (Ex. C-4) upon the opposite party demanding cancellation of membership and refund of membership fee, but again no response was received by the complainants and under forced circumstances, complainants knocked the door of this Commission.

14. The opposite party, despite service of notice, failed to appear before this Commission to contest the case and rebut the evidence of complainant. In such circumstances, the version of the complainants has to be believed. Moreover, evidence led by complainants proved their version. The evidence led by complainants remained unrebutted and unchallenged. Thus, there is deficiency in service on the part of opposite party in providing service to the complainants despite charging an amount of Rs. 45,000/- from them. Hence, the complainants are entitled to refund of the membership fee with interest.

15. Resultantly, this complaint is partly allowed with Rs.10,000/- as cost and compensation. The opposite is directed to refund Rs. 45,000/- to complainants with interest @8% P.A. from the date of deposit till payment.

16. The compliance of this order be made within 45 days from the date of receipt of copy of this order.

17. The complaint could not be decided within the statutory period due to covid pandemic and heavy pendency of cases.

18. Copy of order be sent to the parties concerned free of cost and file be consigned to the record.

    Announced :

    6-5-2022

    (Kanwar Sandeep Singh)

    President

     

     

    (Shivdev Singh)

    Member

     

    (Paramjeet Kaur)

    Member