Punjab

Ludhiana

CC/24/104

Nitika Gupta - Complainant(s)

Versus

Luxry country royal holiday - Opp.Party(s)

Complainant in person

07 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                             Consumer Complaint No:104 dated 07.02.2024.                               Date of decision: 07.11.2024.

 

1. Nitika Gupta W/o. Saransh Gupta
2. Saransh Gupta S/o.Inderjit Gupta,
2.  

                                                Versus

Luxury Country Royal Holiday INN and Suites Private Limited,

Head Office-

1^st Floor, A-1, A Block Sector 59, Noida, Uttar Pradesh-201301.

Regd. Office-                                                                                             

D-359, Sector 10, Noida, Uttar Pradesh-201301

CIN:U93090UP2017PTC092547

PAN: AAPCA4956K

GSTIN: 09AAPCA4956K2ZY.                                                                                                                                                                   …..Opposite party 

 

Complaint Under section 35 of Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainants            :         Complainant No.2 Sh. Saransh Gupta in person.

For OP                           :         Exparte.

 

ORDER

PER MONIKA BHAGAT, MEMBER

1.                Briefly stated, the facts of the case are that on 09.12.2023, the complainants availed the travel package from the OP but the OP did not provide travel card to them. The OP team provided wrong login credentials and informed them that their membership is cancelled. Even the OP team made false claim of being an member of AIRDA. The complainants stated that they raised the issue and requested for refund multiple times. Further the OP team admitted that their team members have made a serious service lapse and also defaulted in service on their part and the OP denied to refund the money despite their default in service. The OP provided invalid Email ID of their legal team in their agreement and has miserably failed in providing the right and proper service to the complainants. In the end the complainants prayed for issuing direction to the OP to refund the amount of Rs.1,79,792.64 along with compensation of Rs.2,00,000/- besides litigation costs.

2.                Notice of the complaint was given to the OPs through registered post dated  22.02.2024 but none turned up for the OP despite service and as such, the OP was proceeded against exparte vide order dated 07.06.2024.

3.                In support of their claim, the complainants tendered their joint affidavit Ex. CA in which they reiterated the allegations and the claim of compensation as stated in the complaint. Further in their affidavit, the complainants deposed that the OP has committed fraud with them as the OP provided false documentation to the bank. The complainants booked a tour package of 10 years with the OP but they provided false Maldives hotel package to complainant’s bank in revert of dispute on 19.02.2024. Upon investigation by the bank on their request, the bank closed the dispute in their favour on 30.04.2024. The excess interest was refunded by bank to their account on 07.05.2024 and the whole amount was refunded by the bank in credit card on 15.05.2024. The complainants claimed to have suffered mental agony due to fraud committed by the OP. The complainants also tendered documents Ex. C1 is the copy of receipt of Rs.1,53,000/- dated 09.12.2023 and copy of Paytm transaction slip, Ex. C2 is again the copy of receipt of Rs.1,53,000/-, Ex. C3 is the copy of Email dated 30.04.2024 for cancellation of EMI, Ex. C4 is the copy of statement of account from 07.05.2024 to 07.05.2024, Ex. C5 is the copy of Vetta Credit Card Statement dated 15.05.2024 and closed the evidence.

4.                We have heard the exparte arguments of the counsel for the complainants and also gone through the complaint, affidavit and annexed documents produced on record by the complainants.

5.                Undoubtedly, the complainants after receiving the invitation call on 09.12.2023, held at Hyatt Regency, Ludhiana and being hosted by representatives of the OP, willingly availed the services by paying Rs.1,53,000/- through Credit Card in EMIs which comes to Rs.1,79,792/- including interest charges in the name of complainant No.1. According to the complainants, after reaching home they opened the gift received from the OP as complimentary, they found the travel card missing as promised by the OP. The representatives of the OP assured them to get it done by 15 days but failed to do any needfulness. The complainants wrote various Emails dated 19.01.2024, 16.01.2024, 10.01.2024, 15.01.2024, 05.01.2024, 25.12.2023, 24.12.2023 to the OP for redressing the issue and to refund the amount. Finally on 17.01.2024, the OP flatly refused to refund the amount and even failed to provide the services on time to the complainants as promised by them. It was bounden duty of the OP to honour their contractual obligation agreed between the parties at the time when the contract was made. The complainants in their affidavit Ex. CA alleged that the OP provides false Maldives Hotel package in revert of dispute on 17.02.2024. From the evidence placed on record, it is evident that refund of whole amount in the credit card was credited on 15.05.2024 after the lapse of almost 5 months. The OP kept the amount of the complainant for the said period without rendering any services to the complainant which amounts to deficiency in service and unfair trade practice on its part. So the OP is held liable for indefinite delay on their part in refunding the amount to the complainants. As such, keeping in view the facts and circumstances of the case, it would be just and appropriate if the OP is directed to pay a composite costs of Rs.20,000/- to the complainants within 30 days from the date of receipt of copy of order failing which the OP shall have to pay interest @8% per annum on the said amount from the date of order till its actual payment.

6.                As a result of above discussion, the complaint is partly allowed  with an order that the OP shall pay a composite costs of Rs.20,000/- (Rupees Twenty Thousand only) to the complainants within 30 days from the date of receipt of copy of order failing which the OP shall have to pay interest @8% per annum on the said amount from the date of order till its actual payment.  Copies of order be supplied to parties free of costs as per rules.

 

(Monika Bhagat)                        (Sanjeev Batra)

Member                                       President        

 

Announced in Open Commission.

Dated:07.11.2024.

Gobind Ram.