DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.
Consumer Complaint No.291 of 03/08/2018
Decided on: 25/09/2019
1. Bhupinder Singh Batra
2. Kanwal Jit Kaur wife of Bhupinder Singh Batra
both residents of House No.46, Urban Estate, Phase II, Patiala.
….Complainants
Versus
Genial Holiday Club, SCO 118-119, Ist Floor, Sector 8-C, Madhya Marg, Chandigarh through its Manager
….Opposite party.
Complaint U/S 11 to 14 of the Consumer Protection Act.
QUORUM
Smt. Inderjeet Kaur, Member
Sh. B. S. Dhaliwal, Member
ARGUED BY:
Sh. A. S. Kahlon Adv. counsel for the complainant.
Opposite party ex-parte.
ORDER
B. S. DHALIWAL, MEMBER
1. The complainants Bhupinder Singh Batra and another (here-in-after referred as complainants) have filed the complaint u/s 12 of the Consumer Protection Act 1986 (here-in-after referred as Act) against Genial Holiday Club (here-in-after referred as opposite party).
2. Briefly stated that the complainant has averred that the opposite party had advertised at various places that the opposite party is a company which owns their properties at 40 destinations meant for holidays and rooms are always available in their well furnished 4 star properties specifically designed for holidays. Accordingly, the complainants agreed to purchase the membership of the opposite party viz. Genial Holiday Club on the profile shown by them. The complainants purchased the said membership on 01/05/2017 by paying Rs.43,731/- at the spot at Anna Restaurant, Nabha Road, Patiala where the opposite party had organised a camp for advertising and selling their membership. The complainant paid Rs.43,731/- vide riceipt No.GHC174026 at the spot and the opposite party allotted membership No. GHC17PATRO3100 to the complainant. Receipt dt.01/05/2017 was issued by opposite party. The complainants again paid Rs.52000/- vide receipt dt.15/06/2017 as balance amount of membership. In this manner, the opposite party sold their membership for total amount of Rs.95,731/- to the complainants. However, the opposite party told the complainants that as per terms and conditions laid down by company, the opposite party will also charge annual maintenance charges from the members to be levied and fixed by the company. The complainants were shocked that when they searched their website, no satisfactory information was available to the complainants and in fact, opposite party has played fraud on the complainant to extracted money. The complainants immediately contacted Mr. Sukhdeep Singh, Director of opposite party/ company to refund membership amount of complainants but he was reluctant in refunding the same and rather he pressurized the complainants to visit their property i.e. Manla Homes, Mashobra. On persistence of the opposite party, the complainants visited the said place and stayed for two nights, but no satisfactory service was provided to the complainants. The complainants were also shocked to know that the said property is not owned by the OP company.
3. It is contended that the opposite party has been reluctant in refunding the amount received from complainants and they kept on delaying the matter. Finding no alternative, the complainants requested the opposite party to book two studio Apartments at Manali on 29/5/2018 by sending an Email in this regard. After two reminders sent by the complainants in form of Emails. The Opposite party offered D Challet Hotel, Manali which was not rated according to their terms and conditions. As such, the opposite party has failed to provide satisfactory services to the complainants. The complainants refused to accept D Challet Hotel because it was not rated as 4 star hotel and the complainants requested the opposite party to provide them with the accommodation i.e. their 4 star property as promised by them and as depicted in the terms and conditions. Then the opposite party offered whistling Pines and Resorts to the complainant by sending an email. Thereafter, the complainants contacted on the contact Number i.e. 01725000552 of the opposite party at Chandigarh Office, but the attendent informed that the company i.e. opposite party is having their property i.e. Golden Tulip at Manali but they have not offered the same. On hearing so, the complainants felt very embarrassed. When the complainants rejected their stay at Whistling Pines and Resorts and requested to provide the specific list of their properties, the opposite party did not pay any heed. The complainant requested the opposite party to refund their membership fee as they are not willing to be member of the opposite party anymore. At this, the opposite party offered Summit Chandertal Hotel, Manali to the complainants but the complainants were already harassed so they did not opt to stay there.
4. It is also contended that keeping in view the conduct of the opposite party and deficiency in services on their part, the complainants after being harassed for continuous 15 days, requested the opposite party to cancel their membership and refund the amount of Rs.95,731/- to them, but the opposite party flatly refused for the same. That the opposite party/ company is befooling innocent people by attracting with offers and in fact, the company does not own any 4 star property and is rather indulged in providing accommodation from hotels on cheap rate by bargaining and allotting the rooms to its customers and making money and as such is indulged in such kind of cheap gimmicks and are habitual of grabbing amounts of innocent people at their own, by making poor people scapegoat for fulfilment of the ill-motive.
5. In the backdrop of these facts, the complainants have prayed for:-
i) To cancel the membership of complainants and to refund Rs.95,731/- to the complainants alongwith interest @ 12 % per annum.
ii) Rs.1,00,000/- as compensation to the complainant on account of mental agony, tension, harassment, inconvenience and humiliation suffered by the complainant.
iii) To pay Rs.11000/- as costs of litigation to the complainant.
6. Notice was served upon the OP but despite service, OP did not appear, hence proceeded against ex-parte.
7. Complainants were afforded opportunity to produce their evidence.
8. In support of the case of the complainants, their ld. Counsel tendered into evidence Ex.CA affidavit of Bhupinder Singh Batra along with documents Ex.C-1 copy of profile of Genial Holiday, Ex.C-2 copy of receipt, Ex.C-3 copy of guidelines of Membership, Ex.C-4 copy of Pamphlet, Ex.C-5 to Ex.C-15 copies of Emails conversations and closed the evidence of the complainants.
9. We have carefully perused the complaint, gone through the evidence produced on file and heard the arguments addressed by the ld. Counsel for the complainants.
10. The ld. Counsel for the complainants reiterated the averments as pleaded in the complaint. It is an admitted fact that at the instance of high rated projections (Ex.C-1) by OP, the complainants agreed to become Member of Genial Holiday Club of OP. The complainants paid the requisite membership charges in two installments. First installment of Rs.43,700/- was paid on 01/5/2017 and the remaining installment of Rs.51000/- was paid on 15/6/2017 for which receipts were issued by the OP ( Ex.C-2). In liew of the receipt of full and final payment of membership fee, the OP issued a Membership certificate ( Ex.C-3). The commencement of Membership was w.e.f. 2017 with termination on April 2024. The OP provided the list of destination (Ex.C-4). As per Ex.C-1 the OP has to provide Studio apartments to the complainants, whenever they planned their trip of holiday programme.
11. Complainants contemplated their tour programme for Manali from 25/6/2018 to 28/6/2018 ( 4 nights 5 days) and taken up the matter with OP vide Email dt.29/05/2018 (Ex.C-5). This was followed by reminders (Ex.C-6 & Ex.C-7) and long conversation through mails Ex.C-5 to Ex.C-15 was exchanged and relevant extract of which reflects the attitude of OP are reproduced as under:-
29 May 2018 (Ex.C-5)
You are requested to book two studio apartments for 4 nights on dt.25.6.18 to 28.6.18 (4 nights 5 days) at Manali. Plz confirm my booking my membership number is GHC17PATRS03100.
Regards
Dr. Bhupinder Singh Batra 9878599885
31 May 2018 (Ex.C-6)
You are requested to book two studio apartments for 4 nights on dt.25.6.18 to 28.6.18 (4 nights 5 days) at Manali. Plz confirm my booking my membership number is GHC17PATRS03100.
Regards
Dr. Bhupinder Singh Batra 9878599885
05 June 2018 (Ex.C-7)
You are requested to book two studio apartments for 4 nights on dt.25.6.18 to 28.6.18 (4 nights 5 days) for five adult members at Manali. Plz confirm my booking my membership number is GHC17PATRS03100.
Regards
Dr. Bhupinder Singh Batra 9878599885
05 June 2018 (Ex.C-8)
Dear Member,
Greeting of the Day!
Please find the enclosed resorts:-
1. D chalet
Please revert back to us to confirm bookings
Regards,
Genial holiday club pvt ltd.
customer care
preeti jain
0172-5000552
06 June, 2018 (Ex.C-9)
This is in reference to your email dt.5.06.2018. You are requested to book my accomodation in 4 star hotel as per your terms and conditions. Secondly as per your norms book my studio apartment in specified property. Hotel D Chalet is not up to the mark accomodation.
membership GHC17PATRS03100
Dr. Bhupinder Singh Batra 9878599885
12 June 2018 (Ex.C-10)
Dear Member,
Greeting of the Day!
Pleade find the enclosed resorts:-
1. Whistling pines and resort
Please revert back to us to confirm bookings
Regards,
Genial holiday club pvt ltd.
customer care
preeti
0172-5000552
13 June, 2018 (Ex.C-12)
Dear Member,
Greeting of the Day!
We are here to help you!
We are here to inform you that we have already provided you 4 star property Manla homes and that is not a cheap hotel.
We had a very nice experience with the list of members and now we have offered you golden tulip but that is not available and now we are giving you summit chandertal Manali for your Manali trip.
We are always trying to serve you better as a precious member.
Please revert back to us to confirm bookings
Regards,
Genial holiday club pvt ltd.
customer care
preeti
0172-5000552
14 June, 2018 (Ex.C-13)
It is understood from your emails that Genial holiday club do not possess their own property. You are only bargaining with customers from cheap hotels to 4 star hotels. Your this attitude dusturbs the whole scenario of customer to make optimum use of holidays. From the last fifteen days your company is giving options to lure the customer. This seems that in furture also we have to suffer with such mental harrasment. Keeping in view such misleading attitute, it is not possible for us to continue as member with your company. Last year also we requested you to refund our membership fee, but you have requested us to visit Manla resort, which is also not your listed property. You had just obliged us to lure in your dealing. So you are hereby requested to refund our membership fee with interest within 10 days of this email. Hope you will look into the matter positively like any other good organisation.
Bhupinder Singh Batra
Kanwaljit Kaur
GHC17PATRS03100
14 June, 2018 (Ex.C-14)
Dear Member,
Greeting of the Day!
We are here to inform you that this membership is non refundable and we had already given you the good premises and now we are offering you Summit chandertal.
Please revert back to us at the earliest.
Regards,
Genial holiday club pvt ltd.
customer care
Shipra
0172-5000552
12. The perusal of above referred conversations through Emails between the complainants and OP reveals that the complainants planned their trip for Manali from 25/6/2018 to 28/06/2018 ( 4 nights 5 days) and to book studio apartments with the OP on 31/5/2018 followed by reminder dt.05/06/2018. OP vide email dt.5/6/2018 offered accommodation in Hotel D Chalet which was turned down by the complainants on the ground that they are entitled for 4 Star Hotel with Studio Apartment as per terms and conditions and Hotel D Chalet is not up to the mark. Then the OP offered accommodation in Hotel Whistling pines and resort and again the complainants were not in agreement to go by the proposal and intimated the OP that the OP Club do not possess their own property and provide cheap hotels and ultimately requested the OP to refund the deposited membership fee as was earlier requested last year also. OP flatly refused to oblize the complainants and informed that the membership fee is not refundable. The complainants have earned the membership of OP club only to facilitate theirselves and their kids to stay in the prescribed property of OP during holiday trip, however, the OP failed to provide prompt approval as asked by the complainants through Emails. This not only amounts to deficiency of service but is also an unfair trade practice on the part of OP. Since the OP has failed to comply with the terms and conditions of the contract entered into with the complainants, therefore, the OP has forfeited his right to retain the membership fee and is liable to refund the same laying deposited with OP to the complainants with interest. Net conclusion is this that the OP has failed to provide services to the complainant which were expected from them and allured the complainant to get the membership of OP club on high superfluous projections.
13. The whole purpose of this plealding is to give fair chance to each party of which the opponent's case is and to ascertain with precision the point(s) on which the parties agree and those on which they differ. The purpose is to eradicate irrelevancy. The complaint is a concise statement of facts and if no reply is filed to the complaint, the averments made there are deemed to have been admitted. No amount of proof can substitute pleadings, which are the foundation of the claim of the parties. The opposite party did not appear before this Forum despite service and presumption of service was raised and it was proceeded against ex-parte. Thus, the evidence adduced by the complainant remains unrebutted. In view of this all the averments made in the complaint are deemed to have been admitted by the opposite party and no adverse inference is to be drawn against it.
14. Thus allowing the complaint, we direct the OP to refund the amount of Rs.95,731/- along with interest @ 9% P.A. from the date of its receipts by the OP till final payments with another sum of Rs.10000/- as compensation inclusive of cost for causing harassment, inconvenience mental torture including litigation expenses within a period of 45 days from the date of receipt of certified copies of the order.
15. The complaint could not be decided within the statutory period due to heavy pendency of cases.
16. Certified copy of this order be sent to the parties free of costs under the rules and file be indexed and consigned to the record.
PRONOUNCED
DATED: 25/09/2019
B. S. DHALIWAL INDERJEET KAUR
MEMBER MEMBER
