1. Mahindra Holidays & Resorts India Ltd., Mahindra Towers, 2nd Floor, No.17/18, Patullos Road,Mount Road, Chennai 600002.

2. Mahindra Holidays and Resorts India Limited, SCO 188-189, Sector 8-C, Madhya Marg, Chandigarh – 160019 (now shifted to No.504, Block A, 5th Floor, Elante Office Suits, Plot No.178-178/A, Industrial Area, Phase-1, Chandigarh – 160001).

Both 1 & 2 through their Authorized Signatory, Mahindra Holidays & Resorts India Limited.

                    Versus

Dr. Sushil Paul Singh R/o House No.4120-G, Custom Colony, Sector 37-C, Chandigarh.

                                                           ---Respondent.

BEFORE:

Argued by:Sh. Jasmeet Singh Bhatia, 

PER DEV RAJ, MEMBER

“13.     In the light of above observations, we are of the concerted view that the Opposite Parties are found deficient in giving proper service to the complainant. Hence, the present complaint of the Complainant deserves to succeed against the Opposite Parties, and the same is allowed, qua them, jointly & severally. The Opposite Parties are directed to:-

[a]  

[b]   To pay Rs.25,000/- on account of deficiency in service and causing mental and harassment to the Complainant; 

[c]   To pay Rs.10,000/- as cost of litigation;

14.     The above said order shall be complied within 45 days of its receipt by the Opposite Parties; thereafter, it shall be liable for an interest @18% per annum on the amount mentioned in sub-para [a] & [b] of para 13 above, apart from cost of litigation of Rs.10,000/-, from the date of institution of this complaint, till it is paid.” 

2.          

3.          

4.          

5.           

6.           

7.          

8.          

9.          

10.         

11.         check in date as 21.12.2011 and check out date as 25.12.2011, which was cancelled by the complainant himself on 1.12.2011. It was further submitted that the impugned order passed by the District Forum was without appreciating the merits and facts of the case. It was further submitted that the respondent/complainant was bound by the membership Rules as applicable and which were expressly made known and agreed upon by him at the time of enrolment. It was further submitted that the District Forum failed to appreciate that the holidays were subject to availability as was clearly mentioned in the membership Rules and the same could be booked six months in advance. It was also submitted that the District Forum wrongly observed that the enrolment benefit was not credited to the complainant, as was evident from Annexure C-4. It was further submitted that the impugned order passed by the District Forum was liable to be set aside both on facts and on law.

12.        

13.        member vide Certificate of Membership (Membership No.1502592), having Contract No.161656, for the Season ‘White’, Apartment Type ‘Studio’ (Annexure C-1), for the period from 1.1.2011 to 31.12.2035, are admitted.

14.          

15.        

16.        

17.        

18.        

19.        

“1.5

6.6.1 

Rescission Period Termination/ Cancellation:

Withdrawal of application for CMHM shall be permitted within the Rescission Period which is 10 days from the date of realization of 25% of Admission Fee, provided such request for withdrawal is made in writing and signed (by both the Applicants/Members in case of Joint Membership) and reaches MHRIL within 10 days from the date of application. In the event of such withdrawal, MHRIL shall refund the entire amount received from the Member towards Membership Fee within 30 days from the date of receipt of request for withdrawal. In the case of joint applications, refund shall be made to the first applicant only.

Post Rescission period termination/ cancellation (by Applicant/Member/ MHRIL):

a)xxxxxx

b)In the event of termination of CMHM by MHRIL or the Member, the Member shall be entitled to a refund of the EF paid after deducting the amounts set out in Clause 6.2. the Member shall not be entitled to any refund of the AF. For the sake of clarity, the Member shall not be entitled to the refund of any service tax that may have been paid by MHRIL in connection with the CMHM.

c) MHRIL reserves the right to terminate the CMHM on occurrence of any of the following events.

-  Default in payment of Membership Fee by the Member.

-  Default in payment of ASF in full or in part for two consecutive years by the Member.

-  Breach of House Rules of NCMR/CMAR by the Member.

-  Any other action by the Member or occurrence of any event or situation giving MHRIL a right to cancel/terminate the Membership.

6.2 

(a)  

(b)  

(c)  

(d)  

(e)  

(f)   

20.        

21.        

22.        

23.

24.        

(i)     The appellants/Opposite Parties are directed to refund an amount of Rs.1,11,724/- to the respondent/complainant instead of Rs.2,86,086/- as directed by the District Forum in Para 13(a) of the impugned order.

(ii)   The appellants/Opposite Parties are directed to pay a sum of Rs.25,000/-, as compensation, for mental agony and physical harassment, caused to respondent/complainant, as awarded by the District Forum.

(iii)  The appellants/Opposite Parties are further directed to pay Rs.10,000/-, as cost of litigation, to respondent/complainant, as awarded by the District Forum.

(iv)   The amounts mentioned in Clauses (i) and (ii) shall be paid by the appellants/Opposite Parties, to the respondent/complainant, within a period of 45 days, from the date of receipt of certified copy of this order, failing which, the same shall carry interest @12% per annum, from the date of filing the complaint i.e. 18.04.2013, till realization, besides payment of costs aforesaid, instead of @18% per annum, as awarded by the District Forum, in Para 14 of the order impugned.

(v)    All other directions, given and reliefs granted by the District Forum, in the impugned order, subject to the modification, aforesaid, which are contrary to and, in variance of this order, shall stand set aside.

25.

26.        

Pronounced.

April 22, 2014.

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

[DEV RAJ]

MEMBER

Sd/-

[PADMA PANDEY]

MEMBER

AD

STATE COMMISSION

(First Appeal No.55 of 2014)

Argued by:Sh. Jasmeet Singh Bhatia, 

Dated the 22^nd

ORDER

Ad