Chandigarh

DF-I

CC/309/2023

PREETI VERMA - Complainant(s)

Versus

GRAND AMANTA HOTELS AND RESORTS PRIVATE LIMITED (earlier Known as Grand Vivanta Vacations Pvt. Ltd.) - Opp.Party(s)

SAVINDER SINGH GILL

03 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/309/2023
Date of Institution	:	21.6.2023
Date of Decision	:	3/1 /2024

 

1. Preeti Verma W/o Sh. Abhishake Verma  r/o  House No. 955, Phase X, Mohali 160062.
2. Abhishake Verma S/o Sh. Krishan Lal  Verma r/o  House No. 955, Phase X, Mohali 160062.

 

… Complainant(s)

V E R S U S

1.       Grand Amanta Hotels and Resort Private Limited (earlier known as Grand Vivanta Vacations Private Limited) having its office at D  27, Level-3, Lajpat Nagar-II, Central Market, New Delhi 110024 through its Directors, Sh. Yash Vijay  Lande, Smt. Vandana Vijay Lande and Sh. Vijay Vitthal Lande. (Also at:- 28, Okhla, Phase-III, IV, New Delhi 110020)

… Opposite Party

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                               

ARGUED BY	:	Sh. Hoshiar Chand, Advocate for complainant
	:	OPs exparte.

 

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 34 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OP). The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that  in the month of July 2022 Sh. Rupam Sood  representative of OP approached the complainants and informed that the OP  engaged in hospitality business operating hotels, resorts and providing vacation services worldwide.  It  was promised by the representative of the OP  that  they only deal in 4 star and 5 star hotels and resorts. The complainants allured with the lucrative offers and false assurance made by the representative of the OP took membership of OP by paying Rs.81,000/- as membership fee.  Copy of Agreement is annexed as Annexure C-1.  In the month of June 2023 the complainants were planning to visit Dehradun/ Mussoorie with their family and kids and accordingly they requested the OP to book 4-5 star hotel/resort in the said area.  The OP had firstly  shown 2-3 star  properties  in the said area  and failed to cater to the preference opted by the complainants  and later on also failed to make necessary arrangement for their vacations  during the said period and the copies of emails exchanged between the parties are annexed as Annexure C-2(colly). On seeing the indifferent attitude and poor service of the OP the complainants again wrote an email Annexure C-3 dated 2.6.2023 requesting the OP to refund their money since the OP was not honoring their commitments made. In this manner  the aforesaid act  of OP amounts to deficiency in service and unfair trade practice on its part. OP was requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OP  was properly served and when OP did not turn up before this Commission, despite proper service, it was proceeded against ex-parte on 8.8.2023.

2. In order to prove her case, complainant has tendered/proved her evidence by way of affidavit and supporting documents.
3. We have heard the learned counsel for the complainant and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the complainants that  the they became member of the OP   for five years  by paying membership fees of Rs.81000/- as is also evident from Annexure C-1 and the OP did not provide any service as promised by it, the case is reduced to a narrow compass as it is to be determined if  the OP could not cater the request of complainants  in making necessary arrangements for their vacations on the requested places as was agreed upon by the OP and the said act of the OP amounts to deficiency in service and the complainants are entitled for the relief as prayed for, as is the case of the complainant.
   2. Perusal of Annexure C-1 Executive Package/approval form  duly signed by  both the parties indicates that an amount of Rs.81,000/-  was paid by the complainants to the OP as membership fees and it was agreed upon by the OP to provide the accommodation to the complainant at different places in the luxury hotels/resorts.
   3. Perusal of Annexure C-2 the emails exchanged by the parties  with each other clearly indicates that the complainants have made request to the OPs  to provide the hotel/resort at Deharadun/ Mussorie and due to inability shown by the OP  to provide accommodation, the complainants later on requested the OP to provide accommodation at different places in Chandigarh but the OP could not  provide the said accommodation to the complainant at the said places also.
   4. Thus, one thing is clear on record that  no service was availed by the complainants from the OP after obtaining membership till date. Even the terms and conditions of the  agreement further indicates that the same were printed in such a manner with small printing that one cannot  even understand the terms and conditions and the same appears to be one sided only. Moreover,  when it stands proved on record that the OP had also accepted the amount of Rs.81,000/- as membership fees from the complainant and has not provided even service to the complainants on one occasion and till date and the OP had shown its inability to provide the service as per agreement and further even after request made by the complainants the OP failed to refund the amount paid by the complainants, it is safe to hold that there is deficiency in service and unfair trade practice on the part of the OP especially when the entire case set up by the complainant in the consumer complaint as well as the evidence available on record is unrebutted by the OP. Hence, the instant consumer complaint deserves to be allowed.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OP is directed as under :-

1. to pay ₹81,000/- to the complainants alongwith interest @ 9% per annum from the date of deposit till onwards.
2. to pay an amount of ₹5000/-to the complainants as compensation for causing mental agony and harassment to them;
3. to pay ₹5000/- to the complainants as costs of litigation.

5. This order be complied with by the OP within 45 days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 3/1/2024 mp			Sd/- [Pawanjit Singh] President
			Sd/-
			[Surjeet Kaur] Member
			Sd/-
			[Suresh Kumar Sardana] Member