Haryana

Karnal

CC/146/2021

Dr. Ajay Kadian - Complainant(s)

Versus

Fortune Holidays - Opp.Party(s)

Pradeep Kapoor

17 Oct 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 146 of 2021

                                                        Date of instt.09.03.2021

                                                        Date of Decision:17.10.2022

 

Dr. Ajay Kadiyan son of Shri Jagdish Kadiyan, resident of house no.1576, sector-7, Urban Estate, Karnal.

 

                                               …….Complainant.

                                              Versus

 

Fortune Holidays Inn & Suits, B-49-B, L/P Kalkaji, New Delhi-110019 through its authorized signatory.

 

                                                                      …..Opposite Party.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary……Member

          

 Argued by: Shri Pardeep Kapoor, counsel for the complainant.

                    Opposite party exparte.

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that OP deals in providing service and amenities in terms of enjoyable holidays at exotic locations i.e. Udaipur, Manali, Jaipur, Shimla, Goa etc. One representative of OPs contacted the complainant telephonically and disclosed about the scheme launched by the OPs at affordable prices and also disclosed that the complainant is selected for Holidays Gift Voucher for 2 nights 3 days in India and also a couple movie voucher and requested the complainant to meet the OP’s official for other related information. One representative of OP met the complainant and disclosed about the tour package to the complainant in the month of September, 2020. He disclosed that if the complainant purchased the membership he has to pay Rs.75000/- out of which the complainant has to pay Rs.25000/- first as down payment and then the balance amount of Rs.50,000/- is to be paid by the complainant in 24 EMI without interest. OP issued a receipt with regard to deposit of Rs.25000/- and deposit of balance payment in 24 EMI as well as ownership features are mentioned in detail. OP also issued welcome letter to the complainant to the complainant mentioning membership number of the complainant as FHISDLS7770318, date of joining 07.09.2020 and Holiday gift voucher for 2 nights 3 days in India, vide voucher no. FHISVCR 2563 and couple movie voucher no. FHISVCR 2563 and the said voucher is having validity for one year. The complainant sent email dated 21.11.2020 to the OP and disclosed that he is planning to spend holiday on 28 and 29.11.2020 in Manali and requested the OP to provide him option available for 8 adults and 8 children. The said email was duly received by the OP but while email dated 22.11.2020, OP raised the demand of Rs.50,000/- in one shot from the complainant to avail holidays. The complainant further send emails narrating the fact that the balance amount is to be paid in 24 EMIs for which complainant has not refused but OP, vide email dated 27.11.2020 stated to clear the due amount at one shot and after making the payment the complainant can avail holidays and advised the complainant to contract sales person but when the complainant contacted sales persons, they instead of resolving the grievance of complainant misbehaved with the complainant. The various emails exchanged between the complainant and the OP but OP paid no heed to the genuine request of complainant rather raised the demand of Rs.50,000/- in one shot and the OP also refused to return the down payment of Rs.25,000/-. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, OP did not appear and proceeded against exparte, vide order dated 17.05.2022 of the Commission.

3.             Complainant has tendered into evidence his affidavit Ex.CW1/A, Holiday Gift Voucher Ex.C1, welcome letter Ex.C2, copy of beneficiary letter and payment receiving letter by OP Ex.C3, copy of emails between the complainant and the OP Ex.C4 and closed the evidence on 12.07.2022 by suffering separate statement.

4.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

5.             As per the version of complainant, he purchased a holidays package from the OP and he has to pay Rs.75000/- out of which he deposited Rs.25000/- first as down payment and then the balance amount of Rs.50,000/- is to be paid by the complainant in 24 EMI without interest. OP also issued welcome letter to the complainant mentioning membership number of the complainant and Holiday gift voucher for 2 nights 3 days in India. The complainant wanted to go to Manali and requested the OP to provide him option available for 8 adults and 8 children. The said email was duly received by the OP but while email dated 22.11.2020, OP raised the demand of Rs.50,000/- in one shot from the complainant to avail holidays. The complainant further send emails narrating the fact that the balance amount is to be paid in 24 EMIs for which complainant has not refused but OP, vide email dated 27.11.2020 stated to clear the due amount at one shot and after making the payment the complainant can avail holidays. Then complainant demanded Rs.25000/- as down payment deposited by him from the OP but OP refused to pay the same and prayed for allowing the complaint.

6.             To prove his case complainant has placed on record his affidavit Ex.CW1/A, Holiday Gift Voucher Ex.C1, welcome letter Ex.C2, copy of beneficiary letter and payment receiving letter by OP Ex.C3, copy of emails between the complainant and the OP Ex.C4.  It is evident from the beneficiary letter and payment receiving letter issued by OP that the complainant has deposited Rs.25000/- as down payment with the OP.  It is also evident from the emails, OP has demanded Rs.50,000/- as balance amount in one shot, but as per the version of the complainant the said amount is to be paid in 24 installments. This fact has been proved from Ex.C3 i.e. Welcome to Fortune Holidays Inn & Suites Pvt. Ltd. wherein it has been specifically mentioned that the remaining payment is to be paid in 24 EMIs without interest.

7.             To rebut the evidence produced by the complainant, OP did not appear and opted to be proceeded against exparte. Hence the evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same. Hence the act of the OP amounts to deficiency in service and unfair trade practice.

8.             Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP to refund the amount of Rs.25000/- to the complainant with interest @ 9% per annum from the date of deposition till its realization. We further direct the OP to pay Rs.10,000/- to the complainant on account of mental agony and harassment suffered by him and  for the litigation expenses. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:17.10.2022                                                                     

                                                                                               

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

 

(Vineet Kaushik)        (Dr. Rekha Chaudhary)

                    Member                         Member