FINAL ORDER/JUDGEMENT

SHRI REYAZUDDIN KHAN,MEMBER

This is an application U/S..35 of the C.P. Act, 2019.

The case of the complainant, in a nut shell  that the complainant accepted the membership from the OP on behalf of Grand Vivanta Vacation Pvt.Ltd and bought a package deal offered by the OP for 70 nights plus 21 bonus  nights valid for a period of 10 years.It was also added  the maintenance charges of Rs,7999/  per annum was subject to the availing the offer of 7 nights per year.The complainant stated that since they do not have any small kid, one adult child can be accommodated with them. In addition to that another benefit was given that if three adult children travel along with the complainant, there will be deduction of double room nights and no extra charge will be levied on the complainant. Special promo code will be sent to the complainant via mail which can be availed on flight fares in various airlines. An offer was also made regarding the usage of Banquet facilities thrice in a year in the partner hotel properties for any event free of cost with 40% discount on decoration s and buffet meal cost at Rs,799-1500 per guest plate inclusive of GST.

The OP further offered that a benefit of 90  room nights,however in the agreement the same was mentioned 90days days which was much less than what was initially offered.

The complainant further stated that  no such details of offer mentioned in the proposal  send to the complainant by the OP.Some offers were verbally intimated and promised to the complainant by the OPs and which was not incorporated in the agreement.

The complainant has paid Rs,2,07750/ through an HDFC credit card ,expecting it to be converted into interest free EMIs but no email confirmation was received. The said payment via Credit card No.4639170033701857 of HDFC in the name of Sharad Jhawar  was made on 25.09.2022 at Lalit Great Eastern Hotel where the complainant was invited by the OP.

The complainant sent several e-mails to the OP ,even tried to contact the sales executive of the company but they did not respond rather they tried to avoid the contact. The OP has not adopted unfair trade practice but also defrauded the complainant. The complainant has no other option but to approach this Ld.Commission for the recovery of the amount paid by the complainant and prayed as mentioned in complaint petition.

OP did not resist the consumer’s complaint despite service of notice.No WV has been filed by the OP within the statutory period. Thus the case runs ex parte hearing against the OP.

Points for Determination

In the light of the above pleadings, the following points necessarily have come up for determination.

1) Whether the OP is deficient in rendering proper service to the complainant?
            2)   Whether the OP is indulged in unfair trade practice?

3)   Whether the complainant is entitled to get relief or reliefs as prayed for?

Decision with Reasons

Point Nos. 1 to 3:-

All the points are taken up together for sake of convenience and brevity in discussion. Upon perusal of the consumer complaint coupled with evidence of the complainant including photocopies of the correspondences through e-mail along with the Grand Vivanta Vacations Pvt.Ltd Executive package Sale Agreement” dated 25.09.2025,money receipts etc,we find that the complainant had paid Rs 207,750/ (Rupees Two Lakh Seven Thousand Seven Hundred Fifty )only it is an admitted fact too that the complainant took the membership of the mentioned organization.OP committed many package tour deals both verbally and written but none of the commitment fulfilled .The complainant tried to contact the OP through various modes but they did not respond.Finally,the complainant decided to withdraw the agreement and asked for refund of the deposited amount.OP failed to discharge their contractual obligations regarding payment of the said amount and making unnecessary delay on the part of the complainant.

The OPs are fully aware that they are liable to pay the deposited amount including interest thereon to the complainant. Complainant deposited his hard earned money with the OPs. The OPs deliberately make their illegal gains and to deprive the complainant from his lawful right withheld the deposited amount. Thus, the OPs have adopted unfair trade practice, and in fact, withhold the deposited amount Rs,207,750/ (Rupees Two Lakh Seven Thousand Seven Hundred Fifty )only  along with accrued interest. Complainant have filed his affidavit reaffirming the allegations. Thus, it stands proved that despite of having received Rs207,750/ (Rupees Two Lakh Seven Thousand Seven Hundred Fifty )only the OPs have failed to refund the said amount. In absence of any explanation for failure to comply with the stipulation of refund of deposited amount, we have no hesitation in concluding that the OPs have committed deficiency in service and also has indulged in unfair trade practice

  The Consumer Protection Act came into being in the year 1986. It is the benevolent piece of legislation to protect the consumers from exploitation. The spirit of the benevolent  legislation cannot be overlooked and its object is not to be frustrated. The complainant has paid Rs207,750/ (Rupees Two Lakh Seven Thousand Seven Hundred Fifty )only to the OP for membership of the tour package but

due to negligent attitude of the OP he was compelled to cancel the same and requested for refund of  the amount. The OP failed and neglected to pay deposited amount Rs 207,750/ (Rupees Two Lakh Seven Thousand Seven Hundred Fifty )only.The act and conduct of the OP is  clear case of deception, which resulted  in the injury and loss of opportunity to the complainant. Had the complainant not deposited his money with the OP,  he would have deposited the same elsewhere. The complainant cannot  wait indefinitely to get the said amount. The complainant has suffered mental agony, pain and harassment. It is settled principle of law that the compensation should be commensurate with loss  suffered and it should be just, fair and reasonable and not arbitrary. To get relief, the complainant has to wage a long drawn and tedious legal battle. In these circumstances, the complainant is entitled to refund of paid amount along with  compensation.

   In the result, the case succeeds .

 That the complaint case be and the same is allowed ex-parte  against the OP.

1.OP  is directed  to refund the paid amount  Rs,207,750/ (Rupees Two Lakh Seven Thousand Seven Hundred Fifty )only 

2.OP is further directed  to pay Rs. 30,000/- (Rupees Thirty thousand) only as compensation for causing mental agony, pain and harassment to the complainant within the stipulated period.

Complainant put the order in execution, if the OP transgresses to comply the order according to Consumer Protection Act, 2019 after the expiry of 60 days.