Chandigarh

DF-II

CC/1045/2019

Pardeep Singh - Complainant(s)

Versus

Genial Holidays Club - Opp.Party(s)

Anil Mehta Adv.

17 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	1045 of 2019
Date  of  Institution	:	16.10.2019
Date   of   Decision	:	17.11.2023

 

 

 

 

 

Pardeep Singh s/o Sh.Lal Singh, Aged 36, R/o H.No.7200/53, Bawa Colony, Durgapuri, Haibowal, Ludhiana

... Complainant

Versus

Genial Holiday Club, SCO No.118-119, Sector 8-C, Chandigarh

    ….. Opposite Party

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                    MR.B.M.SHARMA,                 MEMBER

                               

Argued by  :    None for the complainant

Sh.Gaurav Aggarwal, Counsel for the OP

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

         The complainant has filed the present complaint pleading that on being lured by the fascinating advertisements and fake promises of the OP about provide high standard quality services, stay in luxurious hotels etc., he purchased Holiday Package of OP for Rs.85,000/- on 31.1.2019 and was given Membership No.GHC19LDHBS03575 (Ann.A-1 & A-2).  It is stated that as per package, the complainant was to be provided studio apartment, but on his visit with family to Chandigarh on 15.2.2019, he was provided with 3 star budget hotel at Hotel Turquoise, Chandigarh with no studio apartment.  It is also stated that the said hotel was a low standard hotel having poor service.  The matter was reported to the OP followed by legal notice dated 8.4.2019 but the OP did not pay any heed (Ann.A-3 & A-4). Hence, this complaint has been filed with a prayer to direct the OP to refund Rs.85,000/- of holiday package with interest as well as compensation and litigation cost. 

 

2]       After notice of the complaint, the OP put in appearance and filed written version stating that at the time of issuing membership to the complainant, he was explained about not owning properties at various destinations. It is stated that the Membership Certificate as well as Membership Guidelines/Rules of Occupation clearly mentions that they provide various categories of resorts and hotels partners in India and provide timeshare owner week at various categories of apartment.  It is also stated that Membership Certificate does not state any star rating category hotel and the OP has provided the list of hotels & resorts on its website to avoid any ambiguity to its members.  It is submitted that the complainant has enjoyed his stay and that the allegations of complainant are baseless.  Lastly the OP has prayed to dismiss the complaint with cost.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the OP and perused the entire documents on record.

 

5]       The question to be decided whether there is deficiency in service or unfair trade practice on the part of the OP in providing the services to the complainant as per Membership or not ?

 

6]       To find out answer to this issue, it is important to take into consideration the following facts and circumstances of the present complaint:-

 

         It is established from the facts & documents on record that the complainant took the membership of the OP by paying a sum of Rs.85,000/- (Ann.C-1).  It is also established from the communication exchanged through whatsapp messages, email & legal notice between the parties that the complainant expresses his grievance about non-providing of due services/facility as per his Membership and sought refund but the same was not acceded to by the OP. It is, thus, observed that the OP who has failed to render the promised services to the complainant has got no right to retain the hard earned money of the complainant and even they cannot be allowed to take the shelter of the terms and conditions of the agreement which are one sided. The complainant has sought refund of the amount only after facing a lot of inconvenience and embarrassment due to the act and conduct of the OP.

7]       Taking into consideration the above discussion & findings, the present complaint deserves to be partly allowed as the complainant had availed the services of the OPs but there was deficiency in it, so the complainant is not entitled to whole refund but 50% of the deposited amount only concerning the deficiency part of it. Accordingly the complaint is partly allowed against OP. The OP is directed to refund half of the depositing amount of Rs.85,000/- i.e. Rs.42,500/- (as the complainant had availed part services of the OP)  along with interest @9% per annum from the date of deposit i.e. 31.1.2019 till the date of its actual realization and Rs.7,000/- towards costs of litigation.

                        This order be complied with by the OP within 90 days from the date of receipt of the certified copy of this order.

 

8]       Pending application(s) if any, stands disposed of accordingly.

 

         Certified copy of this order be sent to the complainant, as per rules. After compliance file be consigned to record room.

Announced

17.11.2023                                                                    

Sd/-

(AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER