Punjab

Patiala

CC/22/132

Manmohan Kaur - Complainant(s)

Versus

Genial Holiday Club - Opp.Party(s)

Sh.Gurjit Singh

21 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                     

Consumer Complaint No.	:	CC/132/2022
Date of Institution	:	11.5.2022
Date of Decision	:	21.4.2023

 

 

1. Manmohan Kaur w/o Gurjit Singh s/o Narinder Singh, 18, Ghuman Nagar, Sirhind Road, Patiala.

 

2. Gurjit Singh S/o Narinder Singh, 18, Ghuman Nagar, Sirhind Road, Patiala.

 

                                                                                   …………...Complainants

                                      Versus

Genial Holiday Club, SCO 118-119, 1^st Floor, Sector-8C, Madhya Marg, Chandigarh through its Manager.

 

                                                                   …………Opposite Party

 

Complaint under the Consumer Protection Act

 

 

QUORUM

 

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

 

PRESENT:                   Sh.Gurjit Singh, counsel for complainants.

                             Opposite party ex-parte.

         

                              

ORDER                                           

1. The instant complaint is filed by Manmohan Kaur and Gurjit Singh       (hereinafter referred to as the complainants) against Genial Holiday Club (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
2. The averments of the complainant are as follows
3. That complainants No.1&2 jointly purchased membership of holiday package from the OP and were entitled to occupation of Studio Apartment. Complainant No.2 paid Rs.55000/- to the Op through bank transaction dated 24.1.2021.At the time of selling holiday package OP informed that the complainants would have to pay Annual Maintenance charges every year but for the first booking no annual maintenance charges was to be paid.
4. That on 20.4.2022 complainant requested for a booking of studio apartment  starting  from 12^th May 2022 and also sent preference of 3 destinations from the list i.e. Patnitop, Pahalgam, Mt.Abu vide e-mail dated 20.4.2022. OP vide their reply dated 21.4.2022 informed the complainant that one room is on hold at Hotel Trinetar Resorts Patnitop and asked complainants to clear AMC of Rs.5100+600 *3*4[Best+DNR]+ extra bed[600*41]=14,700/- to confirm booking.
5. On 21.4.2022 complainant replied that he was not required to pay annual maintenance charges for the first booking and also did not wish to dine on that hotel . However, complainants agreed to pay for the extra bedding. Complainants also requested for the pictures of the hotel. OP again asked for the clearance of AMC i.e. Rs.10,500/-. Vide email dated 24.4.2022 further clarifications were sought by the complainant regarding the payments to be made. On 26.4.2022 OP replied that Rs.250/- will be for the breakfast charges and room will be subject to availability without disclosing whether the charges were for breakfast, dinner, for one person or for three, inspite of the promise made by the OP that no AMC would be charged for the first booking and that complainant was entitled for studio apartment. After 26.4.2022 OP did not reply to the further queries of the complainants. There is thus unfair trade practice on the part of OP which caused mental agony and harassment to the complainants. Consequently, prayer has, thus, been made for acceptance of complaint.
6. Notice of the complaint issued to the OP through registered post was neither received back un-served nor OP appeared to contest the complaint. As such OP was proceeded against ex-parte vide order dated 12.10.2022.
7. In evidence, ld. counsel for the complainant tendered affidavit,Ex.CA of the complainant alongwith documents,Exs.C1 to C10 and closed evidence.
8. We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
9. Complainant had purchased a holiday package with the OPs for a consideration of Rs.55000/- on 24.1.2023 vide, Ex.C3 against membership No.GHC21PATBS04088. Right of occupation for studio apartment during the blue holiday season for 4 nights and 5 days during one year for two adults and two kinds was allotted to the complainant for a period of 5 years, as per Ex.C1. In the month of 4/2022 complainant applied for booking at one of the three stations of her choice out of the list of various stations, Ex.C2, which was to started from 12.5.2022. A room was booked at Patnitop as per the confirmation sent by the OP on 21.4.2022.
10. The complainant is justified in her allegations that right to occupation was made for a studio apartment sleeping two adults and two kids whereas the booking was made only for one room for two adults and one kid. Further extra bed charges were also to be levied as per the confirmation of the booking, which is unfair trade practice on the part of the OPs, as the complainant was entitled for booking of Studio Apartment sleeping two adults and two kids. As far as AMC and charges for food are concerned, OPs were well within their right to claim the same from the complainant as the OPs had to maintain the records  and there was no clause regarding provision of food.. As such, we are of the opinion that the OPs were deficient to the extent that the complainant was offered one room only against her entitlement of studio apartment sleeping two adults and two kids and was also asked for charges of extra bed which ought to have been the part of the studio apartment itself.
11. From the perusal of things, it also transpires that complainant was never offered a studio apartment and as such OPs have themselves violated the terms and conditions of the agreement. It also transpires that the complainants never visited any of the hotels/resorts being operated /maintained by the OPs.
12. In view of the above, we partly allow the complaint and direct the OP to refund the entire amount of Rs.55000/- charged from the complainant for membership of studio apartment alongwith interest @6% per annum from 20.4.2021 till realization, within 30 days from the date of receipt of certified copy of this order, failing which OP shall pay interest @9% on the said amount till realization. OP is also ordered to pay compensation of Rs.10,000/- to the complainant for causing mental agony and harassment to her within the prescribed period of 30 days as above.       
13.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President