Smt. Sangita Paul, Member
This is a case filed by Shri Sudipta Das, S/o. Subhas Chandra Das, residing at 160 Garia Gardens, Vikram Neer, Flat No:1B, P.O. – Garia, Dist. – South 24 Parganas, P.s. – Narendrapur, Pin – 700 084 against authorized signatory of Grand Vivanta Pvt. Ltd., Mr. Deepak Joshi, Director of Grand Vivanta Vacations Pvt. Ltd., Ravi Singh, V.P. Sales of Grand Vivanta Vacations Pvt. Ltd., Mr. Sajid Khan, Sr. Manager (Escalations), Grand Vivanta Vacations Pvt. Ltd., with a prayer to refund the amount paid by the complainant to the tune of Rs.61,000/-, to pay compensation to the complainant to the tune of Rs.1,00,000/- for mental agony and harassment, caused to the complainant and to pay a litigation cost to the tune of Rs.20,000/-.
OP No.1 is authorized signatory of Grand Vivanta Vacations Pvt. Ltd.
OP No.2 is Mr. Deepak Joshi, the Director of Grand Vivanta Vacations Pvt. Ltd.
OP No.3 is Mr.Ravi Singh, V.P. Sales of Grand Vivanta Vacations Pvt. Ltd.
OP No.4 is Mr. Sajid Khan, Sr. Manager of Grant Vivanta Vacations Pvt. Ltd.
The address of four OPs is D-27 Level 3, Lajpat Nagar-2, Central Market, P.S. – Lajpat Nagar, New Delhi-110024.
The complainant, by filing this case states that the complainant had received an invitation from “Grand Vivanta Vacations Pvt. Ltd.” On the 1st week of August, 2021 for visiting Oberoi Grant Hotel, Esplanade to accept a free gift voucher of 2 nights and 3 days’ accommodations at holiday destination across as their tie-ups with 5 star property and also understand their membership package offers and benefits. There were also other families who attended the meeting on08.08.2021. The Branch Manager and his staff described several destinations. The complainant liked to get the membership for 1-year. The complainant paid Rs.61,000/-. The complainant wanted to arrange his sisters marriage at one of the listed hotels. The marriage was scheduled to be held on 21.11.2021. The officials stated that if they would be informed before 10-15 days, the authority would be able to arrange.
The complainant had accepted the offer and made a payment of Rs.61,000/- through his credit card. The complainant had provided details of marriage-venue, location preferences and strength to finalize the venue. The complainant had not received any confirmation from the OPs. The OPs did not discuss regarding the arrangement of the venue. The complainant made several calls and mails for the up-coming event, scheduled to be held on 21.11.2021 because the complainant had to send invitation cards, book air-tickets etc. For this, they needed confirmation from the OPs’ side. It was not possible to trust Grand Vivanta Vacations Pvt. Ltd. The complainant wanted to talk to the high officials of the OPs. But the complainant could not.
The complainant failed to get privileges against the charges deposited by him. The complainant had to arrange for the venue somewhere else.
The complainant had suffered mental trauma and harassment.
The complainant prays for a direction upon the OPs to refund Rs.61,000/- paid by the complainant, to pay compensation to the tune of Rs. 1,00,000/- to the complainant, to pay litigation cost of Rs.20,000/-.
The instant case was filed on 21.09.2021 and it was admitted on 05.10.2021. On 30.11.2021 the complainant files postal receipts showing service of notice upon the OPs on 12.10.2021. None appears on behalf of the OPs. Hence, the case proceeded ex-parte against the OPs. On 04.01.2022, the complainant prays for treating his complaint petition as evidence on affidavit. The prayer of the complainant was allowed. On 31.03.2022, no BNA was filed. Argument was hard in part. The complainant was directed to inform the name of the Head of the Institution of the OPs. On 06.05.2022 a letter of authorization has been filed. On 21.06.2022, the complainant files BNA. The complainant also files a prayer for addition of parties. On 11.07.2022 the complainant files the amended petition of complainant along with Vakalatnama afresh. On 16.07.2022, the complainant files track report in respect of the OPs 2, 3 and 4. It showed that the notices upon the OPs 2, 3 & 4 have been served on 16.07.2022. The statutory period has been expired and the case proceeded ex-parte against the OPs 2, 3 & 4. On 12.10.2022, the complainant prays for treating his complainant petition as evidence on affidavit. On 23.11.2022, the complainant prays for treating his amended petition of complaint as BNA. Heard argument of the complainant. Accordingly, we proceeded for giving judgement.
Points of consideration :-
- Is the complainant, a consumer?
- Are the OPs guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decision with reasons :-
- On perusal of the records and documents, it appears that the complainant received an invitation from Grand Vivanta Vacations Pvt. Ltd. The complainant visited the team Grand Vivanta at Oberoi Grand Hotel with his family. The officials of Grand Vivanta explained clearly about the holiday package. They provide locations for birthday party, marriage ceremony etc. The complainant accepted the offer and paid Rs.61,000/- following the discussions with the Grand Vivanta Team. As the complainant paid Rs.61,000/- for availing of the facilities offered by Grand Vivanta, he is a consumer u/s 2(7) of the C.P. Act, 2019.
- After accepting the invitation from Grand Vivanta Team, the complainant reached the spot namely Oberoi Grand Hotel, Esplanade. The complainant was offered a free voucher of a holiday package of 3-days and 2-nights. There were also other facilities of offering a holiday package to the invited guests. And the offer was nothing but a measure of capturing the innocent guests. Being allured by the lively representation, the complainant accepted the offer and paid Rs.61,000/-. The complainant accepted the annual membership. The OPs motive was to collect the membership fees they had no intention to provide proper service to the interested clients who were the OPs’ beneficiaries. The complainant wanted to arrange his sister’s marriage in any of the listed hotels of Delhi and Gurgaon. Complainant contacted with Grand Vivanta. But the OPs failed to take any positive steps in this regard. Though they accepted the amount of Rs.61,000/-, still they were unable to provide service. They were not in a position to refund the amount of Rs.61,000/-. The complainant wanted to know their opinion from August 26, 2021. But the OPs did not care to give a positive reply. At the time of advertisement, the OPs informed that they have holiday destination all over India. On September19, 2021 they told that they would work out more options for the complainant. But the complainant never received any list of short listed venues. The OP never refunded the amount of Rs.61,000/- though in the mails they informed that the refund was being processed. The activity of the OPs proves that they are deficient in providing service. And they adopted unfair trade practice. Hence, the 2nd point is decided in favour of the complainant and against the OPs.
- The OP is trying to dupe the complainant. They invited some people on behalf of Grand Vivanta Pvt. Ltd. At Oberoi Grand hotel, Esplanade. They offered free gift voucher of holiday destinations. According to their tie ups with 5-Star Hotels all over India. The complainant applied but deprived of getting any opportunity. His sister’s marriage was scheduled to be held on 21.11.2021 and the complainant preferred a 5-Star Hotel in Delhi or Gurgaon. After long pursuation the complainant failed to get any positive response from the OPs’ end. In the series of e-mails annexed with the petition it appears that the complainant e-mailed for several times but the OPs did not provide any positive reply on the basis of which the complainant can choose a venue offered by the OPs. In each and every mail it appears that the OPs informed that they would talk to the authority in this regard. It remained inconclusive. They did not talk to the relationship manager. The OPs failed to give any address of the venue where the marriage ceremony could be held. The complainant waited for their reply for long period of time. But the OPs did not provide any concrete information. Lastly, the complainant was harassed by the OPs. Neither the OPs provided a venue for the complainants’ sisters’ marriage nor did they refund money deposited by the complainant. The OPs never felt it important to inform the complainant that it was not possible for them to arrange for a venue. The complainant spent time in mental pain and agony. Hence, the complainant is entitled to get relief as prayed for. So, the 3rd point is decided in favour of the complainant and against the OPs.
In the result, the complaint case succeeds.
Hence, it is,
ORDERED
That the complaint case be and the same is allowed ex-parte against the OPs with cost of Rs.20,000/- (Rupees twenty thousand).
That the OPs jointly or severally are directed to refund Rs.61,000/- (Rupees sixty one thousand) with @ 10% interest w.e.f. 08.08.2021 till realization within 45 days from the date of this order.
That the OPs jointly or severally are directed to pay compensation to the tune of Rs.50,000/- (Rupees fifty thousand) to the complainant for deficiency in service, harassment, mental agony and pain, within 45 days from the date of this order.
That the litigation cost of Rs.20,000/- (Rupees twenty thousand) is to be paid by the OPs jointly or severally within the stipulated period of 45 days.
That the complainant is at liberty to put the order into execution if the orders are not complied with within 45 days from the date of this order.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
Sangita Paul
Member
