District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 654/2021.
Date of Institution: 21.12.2021.
Date of Order: 27.09.2022.
Yash Bhatia Son of late Shri Shyam Lal Bhatia, Resident of House No.2-C/78, N.I.T. Faridabad Aadhar Card No.8340 5725 1938 Mobile No.9899008423
…….Complainant……..
Versus
Karma Resorts and Hospitality LLP Registered office: 331, Iscon Emporio Near Star Bazaar, Satelite, Ahmedabad 380015 through its authorized person/owner Anrudh Singh Mobile No.9722001190.
…Opposite pary……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana…………Member.
PRESENT: Complainant in person.
Opposite party ex-parte vide order dated 24.08.2022.
ORDER:
The facts in brief of the complaint are that the complainant had purchased the accommodation package pertaining to Resorts and hospitality from the representative of the respondent namely Pankaj on dated 31.7.2021 and whose mobile No.9540055120 and the cost of the package was Rs.1,45,000/- without any interest and on the assurance of the representative of the respondent the complainant has been agreed to purchase the said package and the amount of Rs. 1,35,000/- had been given by the complainant to the respondent after receiving of the said payment from the complainant, the representative of the respondent namely Pankaj told to the complainant that a letter of Welcom would be sent very soon and the said letter was delivered to the complainant on 18.10.2021 in which clearly mentioned membership Eligibility 2 Adults 2 Child(12 years) or 3 Adults) for Dubai membership offer 4N5D Dubai, Breakfast+ dinner +Flight Tickets. Thereafter the complainant received-Email which was send by the respondent on dated 12:10:21 in which the respondent intentionally and knowingly not allowed the minor childrens for Dubai Tour and in this regard the complainant was very surprised and in this regard the complainant enquired about the matter from the representative of the respondent, then the representative of the respondent demanded the amount of Rs.70,000/- extra from the complainant for the Dubai Tour with the minor childrens. Although the complainant is also making the EMI interest to the bank i.e Rs. 12,490/- approximately. The complainant requested to the respondent not to back out from the letter of Welcome which was sent by the respondent on 18.10.2021 and not to demand any type of the extra amount from the complainant, but the respondent was adamant on the extra amount from the complainant, for which the respondent has no right to demand any type of the extra amount from the complainant. That the intention of the respondent want to grab the
hard earned money of the complainant by hook or crook. The total amount of Rs. 1,46,000/- was still due against the respondent. The complainant several times requested to the respondent to return the said amount to the complainant but no result came out. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) Return the amount of Rs.1,46,000/ alongwit interest at the rate of 18% per annum to the complainant.
b) pay Rs.2,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 22,000 /-as litigation expenses.
2. Opposite party sent reply and authority letter through registered post but none has appeared on behalf of opposite party. It was submitted that present complainant had approached had approached and purchased the membership of resorts form the opposite party dated 31.07.201 after calling to the representative of the company and on knowing the willingness and interest of present complainant for availing the membership pertaining to the resorts, hotels the opposite party company offered him the membership for a tenure of 05 years at an amount of Rs.1,35,000/-. Therefore he denied the contention made by the present complainant that the was approached by the sales representative of the company in a causal way and was shown a glossy picture of resorts, hotels for his holidays and tempted him with an intention of grabbing away his money.
After completion of all the formalities the present complainant had signed the membership form and accepted and agreed the terms and conditions of membership dated 01.08.2021. Thereafter, the representative of opposite party company made an verification call to the present complainant dated 12.08.2021
and afterwards sent an email dated 14.08.2021 with welcome letter and also a membership kit consisting of membership card to the present complainant mentioned his member ID NO.15131 and date of enrolment as 01.08.2021 and other details pertaining to the membership availed by him. Further he would like to mention the proforma of welcome letter, The welcome letter consists of all the details mentioning the name of the respective member, name of the co-applicant, registered email id, contact number and address of the member, membership tenure and its type, total membership amount and paid amount, details of annual subscription fees, capacity of membership, offer details with its validity, website address, customer contact number and email of opposite party company for assistance to the member.
It was submitted that opposite party company had specifically mentioned in the terms and conditions of membership for under clause of “General Conditions” that applicant member further recognizes that the vacation charges or membership fees or gateway fees which constitutes of the membership price was non refundable in any circumstances and the vacationer fees/membership fees/gateway charges were not a refundable deposit even irrespective of the services utilization and the rules and regulations made there under and as amended form time to time and as notified to the members by putting up a copy thereof at the office premises/website. Therefore, the contentions made by the present complainant that he was entitled for the refund of entire amount of membership with interest were not at all sustainable and they were just made to harass and harm the reputation of opposite party company by predetermined motive and intention of running away from the unpaid outstanding dues and all the aforesaid facts were also agreed, accepted and signed by the present complainant at the time of availing membership.
It was submitted that the complainant had made the booking request and sent email dated 24.09.2021 for availing complimentary offer of Dubai with other benefits and also mentioned for booking for his minor children’s. On receiving the request form present complainant and after verifying the membership details of present complainant, the representative from member experience team of the opposite party company had sent the offer for booking by email dated 12.10.2021 and specifically mentioned him that as he was utilizing complimentary holidays, he was requested to pay extra charges for flight tickets and hotel accommodation for his kids (age 11 & 07 years). Further present complainant was also informed that the charges of flight tickets of 02 children’s for both ways from Delhi to Sharjah (Dubai) total cost amounting to Rs.46,000/- and Rs.24,000/- (Rs.3000/- per night) with breakfast and dinner for hotel accommodation charges of 02 children’s, total amounting to Rs.70,000/- with all the details pertaining to name of hotel, date of check in and check out, type of room etc. It was also informed to the complainant that he had to make the payment of extra charges directly to the respective resort on confirmation of his booking. After receiving the communication, the complainant had made an telephonic call to the opposite party and was pressurizing and compelling for allowing his minor children’s for Dubai tour without bearing extra cost of flight tickets and hotel accommodation. The representative of the opposite party company had informed him that he had misunderstood the terms and conditions of welcome letter as the complimentary offer and its benefits were only applicable and entitled for 02 adults and not for children’s as per membership capacity but the complainant was not at all ready to accept the aforesaid facts and was threatening the representative of the opposite party company that he would take legal action if he was not allowed the booking of his minor children’s without paying extra amount. The contention raised by the
complainant that the opposite party company had misguided him and did not provide the benefits of complimentary offer were far away from the truth and not at all sustainable. Rather the opposite party company had already informed all the aforesaid details to the present complainant verbally and in an official email dated 12.10.2021. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the complainant and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party – Karma Resorts and Hospitality LLP with the prayer to: a) Return the amount of Rs.1,46,000/ alongwit interest at the rate of 18% per annum to the complainant. b) pay Rs.2,00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 22,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Yash Bhatia,, emails, Loan EMI table,, Adhaar card, postal receipt.
6. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party has rendered deficient services to the complainant. Hence the complaint is allowed against opposite party.
7. Opposite party is directed to return the amount of Rs.1,46,000/- alongwith interest @ 6% p.a. from the date of filing of complaint till its realization. Opposite party is also directed to pay Rs.2200/- as compensation for causing mental agony & harassment alognwith Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on:27.09.2022. (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
