CONSUMER DISPUTES REDRESSAL COMMISSION – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110016

           Case No.93/2022

MR. ASHOK LOTE

R/O H.NO. 1061,

WARD NO. 20, GALI NO.2,

KANHELI ROAD, AMBEDKAR COLONY, ROHTAK,

HARYANA 124001…..COMPLAINANT

Vs.   

1. M/S FORTUNE HOLIDAYS INN & SUITES PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT

B-50, TOP FLOOR, KALKAJI, NEW DELHI 110041.                 …..OPPOSITE PARTY NO.1

2. MAHIRA KHAN

DIRECTOR OF M/S FORTUNE HOLIDAYS INN & SUITES PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT B-50, TOP FLOOR, KALKAJI, NEW DELHI 110019.              …..OPPOSITE PARTY NO.2

3. MR. RAJESH KUMAR

DIRECTOR OF M/S FORTUNE HOLIDAYS INN & SUITES PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT B-50, TOP FLOOR, KALKAJI, NEW DELHI 110019.                 …..OPPOSITE PARTY NO.3

4. MR. ABDUL RASHID

DIRECTOR OF M/S FORTUNE HOLIDAYS INN & SUITES PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT B-50, TOP FLOOR, KALKAJI, NEW DELHI 110019.                      …..OPPOSITE PARTY NO.4

                                                                      Date of Institution-12.04.2022

                                                                      Date of Order- 07.06.2024

  O R D E R

DR. RAJENDER DHAR-MEMBER

1. The complaint pertains to deficiency in service on the part of OP with respect to mis-selling the holiday package services.
2. Brief facts as stated in the complaint are that OP1 approached the complainant through its officials/ executives namely Shri Shahrukh and Shri Abdul who influenced the complainant to obtain a lucrative membership plan especially meant for married couples and for which the complainant has to pay Rs.95,000/- and in return OP1 shall provide services for a period of five years which includes six night and seven days holiday vacation every year at the locations listed by OP1. Copy of master data of OP1 Company is annexed as Annexure C/1.
3. It is further stated that person who opts for membership will also get complimentary vouchers which includes two bonus weeks, one night couple stay in five star property located in Delhi NCR, two flight return tickets and food voucher amounting to Rs.5,000/-. The complainant visited the OP1 and handed over an amount of Rs.95,000/-. The complainant has also signed application and various other documents as given by the OP1 at the time of seeking membership.
4. It is further contended by the complainant that officials/executives of the OPs did not give any time to the complainant to go through the contents of these documents. Copy of the application form is annexed as Annexure C/2.
5. Welcome letter has been issued by OP containing the details of the complainant/ client i.e. FHISDLS7770503 and date of joining is mentioned as 27.12.2020. Copy of welcome letter is annexed as Annexure C/3.
6. It is further stated that after handing over the money to the OP, the complainant has averred that he faced physical and mental harassment due to deficiency in services on the part of the OPs as far as complimentary vouchers and other services are concerned the OPs reluctantly offered three star hotel property and initially and after much hue and cry it was converted into five star property i.e. Radisson Blue. After reaching there, the complainant did not find any birthday cake, champagne as promised by the OPs.
7. During the complementary stay the complainant consumed alcohol in the hotel, thinking it to be complementary but he was surprised when he had to pay Rs.3,500/- for the same.
8. The complainant visited Jim Corbett Park, Ramnagar, Uttarakhand from 09.07.2021 to 11.07.2021 and expressed his willingness to use complementary vouchers as provided by the OP for this trip. The complainant had also requested to book “The Rangers Reserve Hotel” located at Bhorakot, Amgahi, Patkot Road, Ramnagar, Chilikiya Range, Nanital, Uttarakhand. Copy of email is annexed as Annexure C/4.
9. It is further stated that the OP instead of allowing the complementary vouchers, informed the complainant vide email dated 02.07.2021 to use membership nights instead of complementary gift. In addition to it OP also charged Rs.7,200/- as annual maintenance charges. This was never communicated to the complainant at the time of offering membership. Copy of the email dated 02.07.2021 sent by OP1 is annexed as Annexure C/5.
10. It is further stated that the complainant made several telephonic calls and sent emails to OP regarding waiving of annual maintenance charges as the same was never communicated by the OP. However, after several telephonic calls and correspondences OP waive of annual maintenance charges which was informed by OP through email dated 04.07.2021, at the same time, OP never agreed to book desirous hotel of the complainant. Copy of email dated 04.07.2021 sent by OPs is annexed as Annexure C/6.
11. Under these circumstances the complainant was forced to accept the resort/ hotel as suggested by OP. Exchange of email between complainant and OP has also been placed on record by the complainant. Copy of email correspondences is annexed as Annexure C/7(Colly.).
12. However, before the trip to Ram Nagar complainant received a telephonic call from the OP informing him that they are unable to book the hotel/ resort as previously agreed, therefore, the complainant sought some other resort/ property. OP forced the complainant to change and opt for some other property for Ram Nagar Trip. The complainant again planned a trip to Goa staring from 13.11.2021 to 19.11.2021 for which he expressed his willingness to use complementary vouchers which was handed over by OP1 to him at the time of grant membership. The complainant was shocked to note that for this trip OP demanded flight fare, annual maintenance cost from the complainant which was later on waived of by OP after prolonged discussions and emails.
13. Furthermore, OP further harassed the complainant that they should pay for their breakfast charges of the hotel, although, this was not part of the deal/ agreement.
14. However, after much ruckus the complainant agreed to spent food vouchers amounting to Rs.5,000/- which was provided by OP at the time of granting the membership. However, the OP denied bearing the flight expenses for Goa. The complainant vide email dated 09.11.2021 requested the OP to cancel the membership and to refund the deposited amount but the same was denied by OP which was communicated vide email dated 09.11.2021. Copy of email regarding the booking of Goa trip and cancellation of membership is annexed as Annexure C/8.
15. Since, OP did not refund the amount to the complainant, complainant sent a legal notice dated 30.12.2021 demanding refund of Rs.95,000/- along with interest18% per annum and damages for mental and physical harassment. Copy of legal notice dated 30.12.2021 is annexed as Annexure C/9.
16. The complainant has prayed for refund of Rs.95,000/- along with interest @18% per annum from 27.12.2020 till the date of payment, compensation of Rs.50,00,000/- for mental agony and harassment caused by OP due to gross deficiency in service and litigation expenses.
17. Notice dated 26.07.2022 was sent to OP for appearance but OP did not appear. One more opportunity was provided to OPs to appear and defend their case for which again notice dated 29.08.2022 was issued Dasti to the complainant. The complainant has filed proof of service by way of an affidavit and enclosed track report, postal receipts etc. etc. complainant also enclosed copy of complaint to the OP. All OPs stands served on 06.09.2022.
18. Counsel for OP appeared through VC in the proceedings held on 02.11.2022 in which he submitted that he has received the copy of complaint yesterday only through clerk of the counsel of the complainant and sought time for filing the reply and condonation of delay application supported by various judgments.

19. However, OP did not appear on the next date i.e. 13.03.2023, 28.03.2023. However, counsel for OP appeared through VC in the proceedings held on 02.11.2023 but no reply was filed by OP, OP was informed to explore the possibility of settlement for which AR of OP may be called. However, despite providing three opportunities the settlement among the parties could not take place. OP did not file any reply and accordingly was proceeded Ex-parte on 28.11.2023.

20. Complainant has filed ex-parte evidence and has exhibited the following documents:

1. Print out of Master data of OP1 is annexed as Exbt. CW-1/1.
2. Copy of the application form filled by the complainant is annexed as Exbt. CW-1/2.
3. Copy of welcome letter containing the details and membership number is annexed as Exbt. CW-1/3.
4. Copy of email dated 02.07.2021 is annexed as Exbt. CW1/4.
5. Copy of email dated 02.07.2021 is annexed as Exbt. CW-1/5.
6. Copy of email dated 04.07.2021 is annexed as Exbt. CW-1/6.
7. Copy of email correspondence is annexed as Exbt. CW-1/7(Colly.).
8. Copy of email correspondence is annexed as Exbt. CW-1/8.
9.  Copy of legal notice dated 30.12.2021 is annexed as Exbt. CW-1/9.

21. Complainant has filed written submissions and has reiterated his complaint.

22. The Commission has considered all the documents, evidence, written submissions filed by the complainant and all supporting documents duly exhibited. It is a fact that the representative of OP had influenced the complainant to obtain membership plan for which the complainant paid Rs.95,000/-. OP had also promised various bonus facilities like six nights and seven days holiday vacation every year but it is seen that repeatedly the OP has defaulted in providing committed services. OP in one way or the other failed to provide the hotel/ resort of the choice of the complainant which forced the complainant to opt for hotel/ resort has offered by OP which was not of his choice. OP is also seen as pressurizing and harassing the complainant in paying for those services which ought to have been provided by OP as voluntary bonus. Even for Goa trip the complainant was asked to pay for Air fare and annual maintenance charges which were never communicated to the complainant. The complainant vide email dated 09.11.2021 requested the OP to cancel the membership. However, OP did not exceed to the request and no refund was provided to the complainant. Seeing the overall conduct and default of various promised services by the OP for the complainant, therefore, it is seen that OP has indulged in mis-selling by way of hiding annual maintenance charges for Rs.7,200/- at the time of offering membership to the complainant. OP has also defaulted/ failed in providing the promised services and bonus facilities which clearly amounts to deficiency in service on the part of the OP. However, no documents have been filed by the complainant to substantiate his entitlements to the promise of bonus services by the OP.

23. It is pertinent to mention that OP has fleeced the complainant by promising and assuring holiday package related services and benefits. Such a promise is perhaps only to influence the complainant to opt for the membership and once the complainant opts for membership, then the OP in this case has denied the entitled/promised services of hotel accommodation etc. etc. on a particular class/type rather OP has offered lesser class of hotel accommodation and other services. Under these circumstances the complainant was forced to accept what was offered by the OP and therefore, the OP has clearly defaulted and is deficient in services.

24. Therefore, this Commission directs the following:-

1. OP to refund an amount of Rs.70,000/- paid as membership charges paid by

the complainant within one month of passing of this order following which it shall entail @7% interest per annum till payment is realized.

2. OP to pay Rs.20,000/- as compensation towards mental agony, harassment and inconveniences on account of mis-selling, unfair trade practice and deficiency in service by OP.
3. OP to pay Rs.5,000/- towards cost of litigation.

25. File consigned to record room.  Order to be uploaded and to be complied with within 30 days from the date of the order.