Order by:

Smt.Priti Malhotra, President

1.       The complainant  has filed the instant complaint under section 35 of Consumer Protection Act, 2019 on the allegations that representatives of the Opposite Parties approached the complainant and told that the Opposite Parties provides accommodation for 6 nights/7 days for 2 adults and 2 kids in the resorts/hotels from the properties/destination listed on their website and for this, the complainant has to deposit one time payment of Rs.85,000/- as booking amount. It is stated further that against this, the complainant could stay once a year in any resort/hotel at any time free of cost against one time payment of Rs.85,000/- subject to booking atleast 30-45 days in advance of the plan and the bookings can be availed from the properties/destination listed on their website except the days i.e. 20^th December to 20^th January and 15^th May to 30^th June every year as these days are black out period due to exorbitant demand. On the allurement of the representatives of the Opposite Parties, the complainant deposited Rs.85,000/- on 23.09.2019 against receipt no.125 to Opposite Parties. Not only this, the Opposite Parties  also issued ‘Privilege Member Card’ bearing No. ID THCW 0519B0013383 valid upto 09/24. The complainant made a plan to visit Dubai from 11^th to 16^th November, 2021, in the resorts/hotels from the properties/destination listed on their website as per the one time booking amount given to the Opposite Parties for its booking, out of their detailed list, but the Opposite Parties did not reply the request of the complainant. Thereafter, the complainant also sent e-mails to the Opposite Parties. At last, the complainant received reply through email and was raised a demand of Rs.19,000/- as for AMC stating that the plan in question is under the forfeit category due to non payment of 2 years AMC for the year 2019-2020 and 2020-21, whereas there was no such terms as per the commitment made by the Opposite Parties. Moreover, due to Covid-19 restriction, it was not possible for the complainant to visit anywhere and these restrictions of Union of India are binding upon all the institutions etc. Even in abroad i.e. Dubai, there were also restrictions during that period, due do Covid-19 and it was not possible for the complainant to visit anywhere. Moreover, no such terms and conditions for the regulation of AMC were ever supplied or conveyed to the complainant by the Opposite Parties. Thereafter, the complainant made regular attempts to contact them, but neither the Opposite Parties nor their representative picked up the phone nor replied the SMS. Not only this, the complainant also served legal notice upon the Opposite Parties on 07.03.2022 through registered post which was duly received by the Opposite Parties and in this notice, the complainant raised the refund of the deposited amount alongwith interest, but the Opposite Parties did not pay any heed to the request of the complainant. Complainant alleged that this clearly shows the malafide and bad intentions of the Opposite Parties. Hence this complaint. Vide instant complaint, the complainant has sought the following reliefs:-

a)       Opposite Parties may be directed to refund the amount of Rs.85,000/- from the date of its deposit alongwith interest @ 18% per annum till its actual realization.

b)      To pay an amount of Rs.5 lacs as compensation on account of mental tension, agony and harassment suffered by the complainant.

c)       To pay an amount of Rs.21,000/- as costs of the complaint.

d)      And any other relief which this Commission deem fit and proper be granted to the complainant in the interest of justice and equity.

2.       Upon service of notice, none has come present on behalf of the Opposite Parties, hence Opposite Parties were proceeded against exparte.

3.       In order to prove his case, the complainant tendered into evidence his affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C9.     

4.       We have heard the Complainant and have carefully gone through the evidence on record.

5.       Ld. counsel for the complainant has asserted that representatives of the Opposite Parties approached the complainant and told that the Opposite Parties provides accommodation for 6 nights/7 days for 2 adults and 2 kids in the resorts/hotels from the properties/destination listed on their website and for this, the complainant has to deposit one-time payment of Rs.85,000/- as booking amount and against this, the complainant could stay once a year in any resort/hotel at any time free of cost against one-time payment of Rs.85,000/- subject to booking at least 30-45 days in advance of the plan and the bookings can be availed from the properties/destination listed on their website except the days i.e. 20^th December to 20^th January and 15^th May to 30^th June every year as these days are black out period due to exorbitant demand. On the allurement of the representatives of the Opposite Parties, the complainant deposited Rs.85,000/- on 23.09.2019 against receipt no.125 to Opposite Parties and Opposite Parties  issued Privilege Member Card bearing No. ID THCW 0519B0013383 valid upto 09/24. The complainant made a plan to visit Dubai from 11^th to 16^th November, 2021, in the resorts/hotels from the properties/destination listed on their website as per the one time booking amount gave to the Opposite Parties for its booking, out of their detailed list, but the Opposite Parties did not reply the request of the complainant. Thereafter, the complainant also sent e-mails to the Opposite Parties. At last, the complainant received reply through email and was raised a demand of Rs.19,000/- as for AMC stating that the plan in question is under the forfeit category due to non-payment for two years AMC for the year 2019-20 and 2020-21, whereas there was no such terms as per the commitment made by the Opposite Parties. Moreover, due to Covid-19 restriction, it was not possible for the complainant to visit anywhere and even in abroad i.e. Dubai, there were also restrictions during that period, due do Covid-19. Moreover, no such terms and conditions for the regulation of AMC were ever supplied or conveyed to the complainant by the Opposite Parties.

To corroborate his aforesaid assertions, the Complainant has placed on record his duly sworn affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C9. The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite Parties  did not opt to appear and contest the proceedings.  In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties have no defence to counter.

6.       So, from the entire unrebutted and unchallenged  evidence produced by the complainant, it stands fully proved on record that  the Opposite Parties have adopted unfair trade practice and rendered deficient services. 

7.       In view of the aforesaid facts and circumstances of the case, we partly allow the complaint of the complainant and Opposite Parties are jointly or severally directed to make refund of Rs.85,000/- (Rupees Eighty Five Thousands only) to the complainant. Opposite party are further directed to pay an amount of Rs.5,000/- (Rupees Five Thousand only) as litigation cost to the complainant. The compliance of this order be made by the Opposite Party within 30 days from the date of receipt of the copy of this order, failing which, the Opposite Party is burdened with additional amount of Rs.5,000/- (Rupees Five Thousand only) to be paid to the complainant for non compliance of the order.  Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.  

Announced in Open Commission.