Order by:
Sh.Mohinder Singh Brar, Member
1. The complainant has filed the instant complaint under section 35 of Consumer Protection Act, 2019 on the allegations that both the Opposite Parties No. 2 and 3 have approached the complainant and told that they are respectively Tourist Manager and Staff Member of the Opposite parties No. 1 and called the complainant at Hyatt Regency Ludhiana on 02.07.2021 and on the allurement of Opposite Parties no.2 & 3, complainant joined the membership of Opposite parties No.1. They told the complainant to become the member of Opposite parties No.1, the complainant will have to pay Rs.1,90,000/- for 11 years and he can pay the above said amount of Rs.1,90,000/- in 5 equal installments i.e. Rs.38,000/- per installment, within 5 years. On the assurance of the Opposite Parties No.2 and 3, the complainant paid an amount of Rs.38,000/- being first installment to the Opposite parties No.1 on 02.07.2021 through his credit card and the Opposite Parties No.2 and 3 on behalf of Opposite parties No.1 has issued the membership bearing form No.601778 to the complainant and the membership ID of the complainant is FCLP601778. After taking the membership of the Opposite parties No.1, through Opposite Parties No.2 and 3, the complainant told the Opposite Parties No. 2 and 3 to provide a tour of Dubai for 4 nights & 5 days to the complainant and his friend namely Smile Sikri, which has been provided by the Opposite Parties No.2 and 3 to the complainant on behalf of Opposite parties No.1. The above said 5 Star hotel booking has been provided by the Opposite Parties on free of cost in lieu of membership taken by the complainant from the Opposite Parties and for the stay of the complainant and his above named friend was booked in 5 Star Hotel namely Movenpick Hotel and Apartment Bur Dubai (Dubai) 19th Street Oud Metha Area, P.O. Box No. 32733 Dubai for 4 nights & 5 days w.e.f. 24th March 2022 to 28th March 2022 having Booking ID REZ621E01A4. On 01.03.2022, the confirmation of the above said booking has been sent by the Opposite Parties to the complainant through Whatsapp on his mobile No. 98141-98983. After taking the above said confirmation from the Opposite Parties, the complainant and his above named friend booking their flight tickets on 20.02.2022 which were booked for 24.03.2022 and the complainant has spent an amount of Rs.39,847/- on the booking of above said air tickets. In this regard the complainant had also taking his health insurance from ASEGO by spending Rs.663/-. Thereafter, on 22.03.2022, the opposite parties no.3 informed the complainant telephonically that the 5 Star Hotel booking of the complainant got cancelled and if the complainant wants to resume their booking then he will have to pay an amount of Rs.18,000/- more to the Opposite Parties and assured that then the booking of complainant will rebooked and when the complainant asked about the reason of cancellation from the Opposite parties No.3, but she could not give any satisfactory reply to the complainant then under the forcible circumstances, the complainant has sent an amount of Rs.18,000/- to the Opposite Parties through GooglePay. Thereafter, inspite of taking an amount of Rs.18,000/- extra from the complainant illegally and by blackmailing, the Opposite Parties booked a normal/lower class Hotel facility to the complainant and in this way the Opposite Parties commit a cheating with the complainant and did not provide the 5 Star Hotel facility to the complainant due to which the complainant suffered mental tension and agony and reputation of the complainant got damage in the eyes of his above named friend. The complainant requested a number of times to the Opposite Parties to admit his rightful claim and to repay the above said amount as claimed above, but the Opposite Parties have failed to pay anything and failed to settle the claim of the complainant. Hence this complaint. Vide instant compliant, the complainant has sought the following reliefs:-
a) Opposite Parties may be directed to pay the genuine claim of Rs.Rs.38,000/- being membership and Rs.18,000/- which has been received by the Opposite Parties illegally from the complainant.
b) To pay an amount of Rs.2 lacs as compensation on account of unfair trade practice, deficiency in service and harassment as well as mental agony suffered by the complainant.
c) To pay an amount of Rs.21,000/- as litigation expenses.
d) And any other relief which this Commission may deem fit and proper be granted to the complainant in the interest of justice and equity.
2. On the other hand, at the initial stage Sh.Ashok Rana, Authorized Representative appeared on behalf of behalf of Opposite Parties, but thereafter none appeared on behalf of Opposite Parties nor written reply on its behalf filed, hence the right of the Opposite Parties to written reply closed by order. Moreover, the Opposite Parties also failed to tender its evidence. Hence, evidence of Opposite Parties also closed by order.
3. In order to prove his case, complainant tendered in evidence his affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C8.
4. We have heard the counsel for the complainant and also gone through the documents placed on record.
5. Ld. counsel for the complainant contended that complainant purchased the membership of the Opposite Parties by paying Rs.38,000/-being first installment and accordingly Opposite Parties issued membership ID bearing no.FCLP601778. After taking the membership of the Opposite Parties, the complainant got booked a tour of Dubai for 4 nights & 5 days from Opposite Parties and also booked 5 Star Hotel namely Movenpick Hotel and Apartment Bur Dubai, Dubai for 4 nights & 5 days w.e.f 24th March, 2022 to 28th March, 2022 and on 01.03.2022 the confirmation of the above said booking has been sent by the Opposite Parties to complainant through whatsapp. On confirmation, the complainant and his friend booked their flight tickets by paying an amount of Rs.39,847/-. However, on 22.03.2022, the Opposite Parties informed the complainant that 5 Star hotel booking of the complainant got cancelled and forced the complainant to deposit Rs.18,000/- more for rebooking of the same and under forcible circumstances, the complainant paid the said amount through Googlepay. Further contended that despite receiving the amount of Rs.18,000/- extra the Opposite Parties booked a normal/lower class hotel for his stay. In this way, the way, there is deficiency in service and unfair trade practice on the part of the Opposite Parties.
6. To corroborate his aforesaid assertions, the Complainant has placed on record his duly sworn affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C8. The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite Parties did not opt to contest the proceedings. In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. So, from the entire unrebutted and unchallenged evidence produced by the complainant, it stands fully proved on record that the Opposite Parties have adopted unfair trade practice and rendered deficient services.
7. Vide instant complaint, complainant prayed for the refund of Rs.38,000/- as membership fee and Rs.18,000/- which was paid for rebooking of the hotel alongwith compensation and litigation costs. During the course of arguments, ld. counsel for the complainant argued that he does not want to continue with the membership of the Opposite Parties. In view of the above, we are of the view that it would be appropriate, if the amount of Rs.38,000/- is ordered to be refunded and the membership of the complainant is ordered to be cancelled, as the complainant does not want to continue with the membership of Opposite Parties. But the other amount of Rs.18,000/- cannot be refunded, as against the said amount he availed the services/facilities of Opposite Parties.
8. In view of the aforesaid facts and circumstances of the case, we partly allow the complaint of the complainant and Opposite Parties are jointly or severally directed to make refund of Rs.38,000/- (Rupees Thirty Eight Thousands only) to the complainant, as the complainant does not want to continue with the membership of the Opposite Parties. If the Opposite Parties will refund the amount deposited by him as membership fee, the membership will be cancelled automatically. Keeping in view of the peculiar circumstances the parties are left to bear their own costs. The compliance of this order be made by the Opposite parties within 30 days from the date of receipt of the copy of this order, failing which, the Opposite parties is burdened with additional amount of Rs.5,000/- (Rupees Five Thousand only) to be paid to the complainant for non compliance of the order. Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.
Announced in Open Commission.
