Haryana
Panchkula
cc/539/2019
Col.GANESH KAPAHI. - Complainant(s)
Versus
JOURNEY RESORTS PVT.LTD. - Opp.Party(s)
PARVEEN MEHTA ,ASEEM GUPTA.
24 Feb 2021
ORDER
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PANCHKULA
Consumer Complaint No | : | 539 of 2019 |
Date of Institution | : | 19.09.2019 |
Date of Decision | : | 24.02.2021 |
Colonel Ganesh Kapahi, Resident of # 186/4, Sector-A, Chandimandir, Cantt. Panchkula (Haryana) 134107.
….Complainant
Versus
Journeys Resorts Pvt.Ltd. (CIN No.U55101DL2015PTC277598), Corporate Office at I.T. Composite Towers, Plot No.1, I.D.C. Mehrauli Road, Gurgaon (Haryana) 122001, through its Directors, Ms.Neelu Anand (DIN 03481926) and Sh. Rajiv Khanna (DIN 00472560) and Sh.Yajush Khanna(DIN 03300834).
2ndAddress
Journeys Resorts Pvt. Ltd. (CIN No.U55101DL2015PTC277598), Registered office at # 50, Sunder Nagar, New Delhi-110003, through its Directors, Ms. Neelu Anand (DIN 03481926) and Sh. Rajiv Khanna (DIN 00472560) and Sh. Yajush Khanna (DIN 03300834).
….Opposite Party
COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019.
Before: Sh.Satpal, President.
Dr.Pawan Kumar Saini, Member.
Dr.SushmaGarg, Member.
For the Parties: Sh.Aseem Gupta, Advocate, for the complainant.
OP already ex parte Vide Order Dated 11.11.2019.
ORDER
(Sh. Satpal, President)
1. The brief facts of the present complaint are that the complainant is a Colonel in Indian Army. On 24.02.2018, the complainant and his wife visited the filling station at Sector-1, Panchkula for refilling petrol and a representative of OP Company approached them and requested them to fill in their contact details on a slip for a lucky draw being held by the OP company and accordingly the complainant shared his details with him. On 09.03.2018, the complainant received a call and the caller informed the complainant that he had won the lucky draw and requested the complainant to attend a meeting with their representatives on 10.03.2018 at Sagar Ratna, Sector-9, Panchkula as the OP’s were promoting their business venture by way of selling holiday packages, tour, travels etc and some attractive schemes and benefits to the customers. The complainant met the representatives of the OP company Mr.Ankit Singh who introduced himself to be Branch Manager and one Ms.Jhanvi an executive of the OP company and with repeated requests and efforts by the representatives of the OP company, the complainant and his wife agreed to sign the membership by way of Holiday Vacation Package, for 7 nights/8 days every year at any JUKASO hotels or associated properties of the company in India and abroad as well, valid for 5 years for a total sum of Rs.1,00,000/-. The basic terms and conditions were discussed orally between the complainant and the Ops, the complainant paid full amount of Rs.1,00,000/- to the OPs under Crimson Membership, in the following manner:-
- Rs.10,000/- through his ICICI bank credit card
- Rs.25,000/- through his Union Bank of India Credit Card
- Rs.65,000/- through cheque issued through his account at Union Bank of India.
After discussions, the complainant was assured by the OP that he has to pay Rs.1,00,000/- only once for next five years and as an enrolment benefit, OP’s also waived of the Annual Facilitation fee of Rs.6,990/- in the agreement. The complainant was then issued a Membership Certificate Dated 10.03.2018, being Membership No. 205961 and Contract ID No. 121807, in the name of the complainant and his wife as a co-applicant. Subsequently, an agreement was also signed between the complainant and the OP Company. The Ops has also issued a gift certificate dated 10.03.2018 in the name of the complainant and his wife which entitled the complainant and his family to have a free stay of 2 nights/3 days at any one of the listed destinations. Thereafter, the complainant made several requests to the OP company for booking a holiday at different destinations from time to time but the OP company failed to provide the booking. The conversations between the complainant and the OP has been categorically detailed hereunder:-
Date | Request by complainant | Reply by Ops
|
19.09.2018 | Request for booking a holiday at Udaipur from 03.12.2018 to 06.12.2018 and another holiday at Goa from 04.01.2019 to 10.01.2019 |
|
20.09.2018 |
| Refused to provide accommodation in such advance notice, however, stated that they need at least 45 days to process the request. |
22.09.2018 | The complainant appraised the OP’s that as per the agreement a Holiday can be booked upto 4 months in advance and the dates of the proposed holidays were well within four months and since he is a Government officer, he needs to take permission from his office as well. |
|
25.09.2018 | The complainant again requested to confirm the booking, as he had proposed the booking dates within four months of journey date. |
|
27.09.2018 |
| Stated that due to some maintenance work, the desired destinations is currently under renovation and are not getting the confirmation from the property, and requested the complainant to resend the request after 10th October 2018, to process the request. |
03.10.2018 | The complainant again requested for booking a holiday for Goa from 04.01.2019 to 10.01.2019 |
|
05.10.2018 |
| Refused to provide accommodation in such advance notice, however, stated that they need at least 45 days to process the request. |
05.11.2018 | The complainant again requested for booking a holiday for Goa from 04.01.2019 to 10.01.2019. |
|
06.11.2018 |
| Refused to provide accommodation in such advance notice, however stated that they need at least 45 days to process the request. |
19.11.2018 | The complainant again requested for booking a holiday for Goa from 04.01.2019 to 10.01.2019. |
|
20.11.2018 |
| Stated that they have received the reservation request and forwarded to the property and promised to revert soon. |
26.11.2018 | The complainant waited for long and sent a reminder for the requests dated 19.11.2018 and reply dated 20.11.2018 and again requested to confirm the reservation from the property at the earliest, so that he can go ahead with other booking for the journey. |
|
28.11.2018 | The complainant again sent a reminder for confirmation of booking and reservation for Goa. |
|
01.12.2018 | The complainant again sent a reminder for confirmation of booking and reservation for Goa. |
|
02.12.2018 | The Complainant again requested that even after 13 days the booking was not confirmed, and asked for reservations. |
|
03.12.2018 | The complainant again requested that even after 14 days the booking was not confirmed, and asked for reservations. It was also conveyed that one of the representative of the Op’s told that the request for booking has been cancelled, which was actually cancelled by the complainant. |
|
03.12.2018 |
| Stated that they regret to inform that they would not be able to provide six nights due to high demand of reservation and offered four nights at the desired destinations. |
04.12.2018 | The complainant agreed to book a holiday for four nights and forwarded his consent. |
|
06.12.2018 |
| Stated that they have forwarded the request to the property for confirmation and shall intimate soon. |
12.12.2018 | The complainant again requested for confirmation of booking for four days, as per mail dated 04.12.2018 and confirm reservation. |
|
20.12.2018 |
| After a long wait, the Op’s confirmed booking at Grand Goa Exotica and simultaneously stated that they would send the confirmation voucher. |
Comments | The complainant requested a booking for Udiapur, which was denied by the Ops on the pretext that they would not be able to provide booking in such advance. Thereafter, the booking for Goa which was requested on 19.09.2018 was confirmed only on 20.12.2018 i.e. only 14 days prior to travel. | |
2nd Incident:-
Date | Request by complainant | Reply by Ops
|
21.03.2019 | Request for booking a holiday at Mussoorie from 18.04.2019 to 19.04.2019 |
|
22.03.2019 |
| Stated that they have received the reservation request and forwarded to the property and promised to revert soon. |
24.03.2019 |
| The Ops again refused the booking and stated that the desired destination is sold out and requested for alternate destination at Jim Corbett, Manali, Shimla, Dharamshala etc. |
24.03.2019 | The complainant refused for any other destination stating that his plan for Mussorie was already finalized. |
|
25.03.2019 |
| The Ops offered a property at Mussoorie in the name-Hotel Omkar. |
27.03.2019 | The complainant forwarded his consent for Hotel Omkar and requested for an early confirmation |
|
02.04.2019 | The complainant again sent a reminder for confirmation of booking and reservation for Mussoorie. |
|
10.04.2019 | The complainant again sent a reminder for confirmation of booking and reservation for Mussoorie. |
|
Comments; | The complainant again requested on 22.03.2019 for booking at Mussoorie for one day i.e. 18.04.2019 to 19.04.2019 but the Ops failed to provide any booking on the desired dates and later offered a sub-standard Hotel, which was also eventually not confirmed and the Ops even failed to reply the repeated requests made by the complainant. | |
3rd Incident
Date | Request by complainant | Reply by Ops
|
14.05.2019 | Request for booking a holiday at Shimla from 05.06.2019 to 07.06.2019. |
|
14.05.2019 |
| The Ops again refused the booking and stated that the desired destination is sold out and requested for alternate dated after 25th June 2019. |
14.05.2019 | The complainant offered fresh dated after 25th June 2019 and requested for booking a holiday at Shimla from 27.06.2019 to 29.06.2019 |
|
16.05.2019 |
| Stated that they have received the booking. |
21.05.2019 | The complainant again sent a reminder for confirmation of booking and reservation for Shimla, so that he can plan his travel. |
|
24.05.2019 | The complainant again sent a reminder for confirmation of booking and reservation for Shimla, for selected dates. |
|
30.05.2019 | The complainant again sent a reminder for confirmation of booking and reservation for Shimla, for selected dates and clearly mentioned that even after several emails no confirmation was done. |
|
Comments | The complainant again requested on 14.05.2019 for booking at Shimla and also offered alternate dates, as per the request of the Ops, but the Ops failed to provide any booking on the desired dates and the Ops even failed to reply the repeated requests made by the complainant. | |
4th Incident
Date | Request by complainant | Reply by Ops
|
17.05.2019 | Request for booking a holiday at Delhi & Agra from 12.05.2019 to 17.05.2019. |
|
17.05.2019 |
| Refused to provide accommodation in such advance notice, and stated that please send your booking request before 7 days from the date of check in, so that they can proceed further. |
22.05.2019 | Again requested for a booking for Delhi and Agra and clearly mentioned that if he waits for confirmation until 7 days before check in, he will not be able to book Air Tickets timely. |
|
24.05.2019 | The complainant again sent a reminder for confirmation of booking for Delhi & Agra and requested for early reply. |
|
24.05.2019 |
| Stated that they have received the reservation request and forwarded to the property and promised to revert soon. |
24.05.2019 |
| The Ops again refused the booking on pretext that they were not active on the desired destinations and requested to travel to some other destination. |
Comments | The complainant again requested on 17.05.2019 for booking at Delhi and Agra but the Ops failed to provide any confirmation on desired dates bluntly stating that they were not active on the desired destinations and refused the complainant his entitlement to travel to the destination of his choice, which is totally against the terms of Agreement, which enable the Member to travel anywhere in India, on his desired dates. | |
Thereafter, the Ops stopped replying to the emails of the complainant and also refrained from responding to the telephone calls. The complainant had informed the Ops several times telephonically on the helpline No.’s as well, that he does not want to continue his Membership and wants the refund of the entire amount, but the Ops have failed to hear his repeated request. Hence, the present complaint.
2. Notices were issued to the OP at his first and second address through registered post (vide registered post No.CH033391613IN and CH033391627IN on 26.09.2019) to OP which were not received back either served or unserved despite the expiry of 30 days from the issuance of notices to OP; hence, it was deemed to be served and thus, due to non appearance of OP, he was proceeded ex-parte by this Forum vide its order dated 11.11.2019.
3. To prove the case, counsel for the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-4 in evidence and closed the evidence by making a separate statement.
4. We have heard the complainant appearing in person and also perused the record carefully and minutely.
5. It is evident that the complainant made a payment of Rs.1,00,000/- to the OP for availing the holiday vacation package and an agreement(Annexure C-1) containing details terms and conditions governing the holiday package was executed between the complainant and the OP and that the complainant was granted membership vide certificate of membership(Annexure C-2) entitling him to the studio apartment for five years. Further, gift certificate entitling the complainant to have two nights/three days stay at any of the stations as mentioned in Annexure C-3 was also provided to the complainant. The grievances of the complainant are that as per terms and conditions of the agreement (Annexure C-1), he was entitled to a holiday package for seven days eight nights stay at any of defined properties belonging to OP but the OP did not adhere to the stipulated terms and conditions of the agreement by denying him the vacation package as promised by it on one grounds or the other.
6. In the present complaint, a refund of Rs. 1,00,000/- along with interest @ 18% deposited by the complainant with the OP has been sought with the directions to OP to cancel the agreement with immediate effect. Compensation on account of mental agony and harassment as well as litigation charges has also been claimed.
7. The OP did not appear to contest the claim of the complainant and preferred to be proceeded ex-parte, for which adverse inference is liable to be drawn against it. The non-appearance of the OP despite notice shows that it has nothing to say in its defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted.
8. On the other hand, the complainant has substantiated his version by his affidavit Annexure CA along with photocopy of agreement (Annexure C-1) containing details terms and conditions, certificate of membership (Annexure C-2), Gift certificate (Annexure C-3) and conversation between complainant and OP as (Annexure C-4).
9. The details of conversation between the complainant and the OP as contained in Annexure C-4 showing the violations of the terms and conditions of Annexure C-1 on the part of the OP have been narrated in para No.9 of the complaint as well as corresponding para of the affidavit(Annexure C-A) of the complainant.
10. The relevant part of the conversation as extracted from Para No. 9 of the affidavit Annexure C/A of the complaint is reproduced below for the sake of convenience clarity and ready perusal:-
1st Incident:-
Sr.No | Date | Request by complainant | Reply by Ops
|
1. | 19.09.2018 | Request for booking a holiday at Udaipur from 03.12.2018 to 06.12.2018 and another holiday at Goa from 04.01.2019 to 10.01.2019 |
|
2. | 20.09.2018 |
| Refused to provide accommodation in such advance notice, however, stated that they need at least 45 days to process the request. |
3. | 22.09.2018 | The complainant apprised the OP’s that as per the agreement a Holiday can be booked upto 4 months in advance and the dates of the proposed holidays were well within four months and since he is a Government officer, he needs to take permission from his office as well. |
|
4. | 25.09.2018 | The complainant again requested to confirm the booking, as he had proposed the booking dates within four months of journey date. |
|
5. | 27.09.2018 |
| Stated that due to some maintenance work, the desired destinations is currently under renovation and are not getting the confirmation from the property, and requested the complainant to resend the request after 10th October 2018, to process the request. |
6. | 03.10.2018 | The complainant again requested for booking a holiday for Goa from 04.01.2019 to 10.01.2019 |
|
7. | 05.10.2018 |
| Refused to provide accommodation in such advance notice, however, stated that they need at least 45 days to process the request. |
8. | 05.11.2018 | The complainant again requested for booking a holiday for Goa from 04.01.2019 to 10.01.2019. |
|
9. | 06.11.2018 |
| Refused to provide accommodation in such advance notice, however stated that they need at least 45 days to process the request. |
10. | 19.11.2018 | The complainant again requested for booking a holiday for Goa from 04.01.2019 to 10.01.2019. |
|
11. | 20.11.2018 |
| Stated that they have received the reservation request and forwarded to the property and promised to revert soon. |
12. | 26.11.2018 | The complainant waited for long and sent a reminder for the requests dated 19.11.2018 and reply dated 20.11.2018 and again requested to confirm the reservation from the property at the earliest, so that he can go ahead with other booking for the journey. |
|
13. | 28.11.2018 | The complainant again sent a reminder for confirmation of booking and reservation for Goa. |
|
14. | 01.12.2018 | The complainant again sent a reminder for confirmation of booking and reservation for Goa. |
|
15. | 02.12.2018 | The complainant again requested that even after 13 days the booking was not confirmed, and asked for reservations. |
|
16. | 03.12.2018 | The complainant again requested that even after 14 days the booking was not confirmed, and asked for reservations. It was also conveyed that one of the representative of the Op’s told that the request for booking has been cancelled, which was actually cancelled by the complainant. |
|
17. | 03.12.2018 |
| Stated that they regret to inform that they would not be able to provide six nights due to high demand of reservation and offered four nights at the desired destinations. |
18. | 04.12.2018 | The complainant agreed to book a holiday for four nights and forwarded his consent. |
|
19. | 06.12.2018 |
| Stated that they have forwarded the request to the property for confirmation and shall intimate soon. |
20. | 12.12.2018 | The complainant again requested for confirmation of booking for four days, as per mail dated 04.12.2018 and confirm reservation. |
|
21. | 20.12.2018 |
| After a long wait, the Op’s confirmed booking at Grand Goa Exotica and simultaneously stated that they would send the confirmation voucher. |
Remarks:- The complainant requested a booking for Udiapur, which was denied by the Ops on the pretext that they would not be able to provide booking in such advance. Thereafter, the booking for Goa which was requested on 19.09.2018 was confirmed only on 20.12.2018 i.e. only 14 days prior to travel. | |||
2nd Incident:-
Sr. No. | Date | Request by complainant | Reply by Ops
|
1. | 21.03.2019 | Request for booking a holiday at Mussoorie from 18.04.2019 to 19.04.2019 |
|
2. | 22.03.2019 |
| Stated that they have received the reservation request and forwarded to the property and promised to revert soon. |
3. | 24.03.2019 |
| The Ops again refused the booking and stated that the desired destination is sold out and requested for alternate destination at Jim Corbett, Manali, Shimla, Dharamshala etc. |
4. | 24.03.2019 | The complainant refused for any other destination stating that his plan for Mussorie was already finalized. |
|
5. | 25.03.2019 |
| The Ops offered a property at Mussoorie in the name-Hotel Omkar. |
6. | 27.03.2019 | The complainant forwarded his consent for Hotel Omkar and requested for an early confirmation |
|
7. | 02.04.2019 | The complainant again sent a reminder for confirmation of booking and reservation for Mussoorie. |
|
8. | 10.04.2019 | The complainant again sent a reminder for confirmation of booking and reservation for Mussoorie. |
|
| Remarks:- The Ops failed to provide any booking on the desired dates and later offered a sub-standard Hotel, which was also eventually not confirmed and the Ops even failed to reply the repeated requests made by the complainant. | ||
3rd Incident
Sr. No. | Date | Request by complainant | Reply by Ops
|
1. | 14.05.2019 | Request for booking a holiday at Shimla from 05.06.2019 to 07.06.2019. |
|
2. | 14.05.2019 |
| The Ops again refused the booking and stated that the desired destination is sold out and requested for alternate dated after 25th June 2019. |
3. | 14.05.2019 | The complainant offered fresh dated after 25th June 2019 and requested for booking a holiday at Shimla from 27.06.2019 to 29.06.2019 |
|
4. | 16.05.2019 |
| Stated that they have received the booking. |
5. | 21.05.2019 | The complainant again sent a reminder for confirmation of booking and reservation for Shimla, so that he can plan his travel. |
|
6. | 24.05.2019 | The complainant again sent a reminder for confirmation of booking and reservation for Shimla, for selected dates. |
|
7. | 30.05.2019 | The complainant again sent a reminder for confirmation of booking and reservation for Shimla, for selected dates and clearly mentioned that even after several emails no confirmation was done. |
|
Remarks:- The Ops failed to provide any booking on the desired dates and the Ops even failed to reply the repeated requests made by the complainant. | |||
4th Incident
Sr. No. | Date | Request by complainant | Reply by Ops
|
1. | 17.05.2019 | Request for booking a holiday at Delhi & Agra from 12.05.2019 to 17.05.2019. |
|
2. | 17.05.2019 |
| Refused to provide accommodation in such advance notice, and stated that please send your booking request before 7 days from the date of check in, so that they can proceed further. |
3. | 22.05.2019 | Again requested for a booking for Delhi and Agra and clearly mentioned that if he waits for confirmation until 7 days before check in, he will not be able to book Air Tickets timely. |
|
4. | 24.05.2019 | The complainant again sent a reminder for confirmation of booking for Delhi & Agra and requested for early reply. |
|
5. | 24.05.2019 |
| Stated that they have received the reservation request and forwarded to the property and promised to revert soon. |
6. | 24.05.2019 |
| The Ops again refused the booking on pretext that they were not active on the desired destinations and requested to travel to some other destination. |
| Remarks:- The Ops failed to provide any confirmation on desired dates bluntly stating that they were not active on the desired destinations and refused the complainant his entitlement to travel to the destination of his choice, which is totally against the terms of Agreement, which enable the Member to travel anywhere in India, on his desired dates. | ||
11. From the facts as stated above it is crystal clear that the OP has failed to abide by the terms and conditions as contained in the agreement and thus the complainant is entitled to cancel the agreement. Further, there is lapse and deficiency on the part of the OP while not responding to the request of the complainant seeking termination of the contract, hence, the complainant is entitled to relief.
12. As a sequel to above discussion, we partly allow the present complaint against the OP with the following directions:-
- To pay a sum of Rs.1,00,000/- to the complainant along with interest @ 9% per annum w.e.f the date of filing of the complaint till its realization.
- To pay an amount of Rs.50,000/- to the complainant on account of mental agony and harassment.
- To pay an amount of Rs.5,500/- as cost of litigation charges.
13. The OP shall comply with the order within a period of 30 days from the date of communication of copy of this order failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71 of CP Act, 2019 against the OP. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance.
Announced on: 24.02.2021
(Dr.Sushma Garg) (Dr.Pawan Kumar Saini) (Satpal)
Member Member President
Note: Each and every page of this order has been duly signed by me.
Satpal President
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