Uttar Pradesh

Aligarh

CC/163/2022

DR URFI - Complainant(s)

Versus

MAHENDRA HOLIDAYS & RESORTS INDIA LTD - Opp.Party(s)

15 May 2023

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग अलीगढ

Complaint Case No. CC/163/2022 ( Date of Filing : 08 Sep 2022 )   1. DR URFI S/O MR ZAIMLAL ABDESH RB AB70MEDICAL COLONEY ALIGARH ...........Complainant(s) Versus 1. MAHENDRA HOLIDAYS & RESORTS INDIA LTD THROUGH AUTHOORISED SIGNATORY REGED OFFICE MAHENDRA TOWERS SECOND FLOOR 17/18 PALILLAS ROAD MOUNT ROAD CHENNAI 600002 ............Opp.Party(s)

BEFORE:     HON'BLE MR. HASNAIN QURESHI PRESIDENT   HON'BLE MR. ALOK UPADHYAYA MEMBER   HON'BLE MRS. PURNIMA SINGH RAJPOOT MEMBER

PRESENT:

Dated : 15 May 2023

Final Order / Judgement The present complaint has been filed by the complainant before this commission for  the following reliefs- The Op be directed to reimburse the complainant for Rs. 30427/ with interest.  Compensation for harassment Rs.500000/  Cost of Litigation with cost of notice Rs.25000/ Complainant has stated that he is an assistant professor in J.N. Medical College, Aligarh and he had subscribed the membership of the Club Mahendra and his membership is valid from 1.11.2022 to 31.10.2047. Complainant had received a call from the club to collect free Boucher for 3 D/2N complementary travel at Hotel Ramada at Aligarh. Mr. Rohit who represented the club attended the complainant and introduce 25 years membership plan of the club along with promotional welcome benefits on subscribe the membership same day. The promotional welcome benefit were to be provided on subscribing 25 years same day on making down payment of Rs. 30427/ i.e. 10% of total membership amount and remaining amount to be paid through monthly EMI for a maximum period for 2 years and the membership to be discontinue without any financial liability if the complementary visit are not found good. The complainant did not receive any Boucher under the promised benefit even after joining the membership for a period of one month. The representative of the club stopped to response the call and messages of the complainant. The voice recording of the representative Mr. Rohit have been retained by the complainant had rewritten to the club with the voice recordings and whats app message screenshot of the conversation made with the representative and also sent a dozen e-mail regarding the same but a new token number with a reply that the issue had been taken up was given every time. Ultimately the complainant asked the club to cancel his membership and to refund the money but the grievance was not resolved. Op has stated that the complainant is very much aware of the membership rule and the membership is govern by the rules so agreed and accepted by him at the time of taking the membership.  All the benefits as offered by the company to the complainant at the time of purchase of membership are duly provided and added in his membership account and he is free to utilize the same within their validity period upon adherence to the terms and conditions governing the membership. The complainant was not offered any other benefits as alleged by or on behalf of the complainant. Complainant himself agreed to the offered enrollment benefit on 25.3.2022 wherein enrollment benefit were accepted and agreed by the complainant. Complainant had failed to pay the membership price due and labeled false allegations. The complainant is free to avail benefit while adhering to terms and conditions of the membership including payments of the overdue amounts. Complainant had purchased the vacation ownership holiday membership and paid the down payment towards the membership price and agreed to pay the balance by EMI’s. The member undertakes to abide by the terms and conditions mentioned in the confirmation boucher the member has to pay annual subscription fee every year in addition to the membership price and the membership is governed by the membership rules. Complainant had subscribed blue studio club membership for 25 years. There by accepting the membership rule. Complainant had also read and under stood the rules. At the time of taking the blue studio membership complainant had paid the amount Rs. 30427/ being 10% of membership price Rs. 354270/ after availing the hefty discount of Rs.5000/ and agreed to pay balance in 36 EMI of Rs. 11131/. The complainant was accordingly enrolled as a member under blue studio club membership and was issued membership Id   2972033. Complainant had attended the promotional event of the OP where the complainant agreed the holiday membership product of the OP and benefit there under. Complainant was not offered  any enrollment benefits as to international holidays, jewellery discount coupons and nykaa bouchers and he was offered only 3N/4D holidays at the club resorts and amazon boucher wroth Rs.5000/. Complainant was entitled for availing complementary holidays after payment of first 3 EMI and would be entitled for amazon bouchers only after payment of 6 EMI.  Complainant has filed his affidavit and papers in support of his pleadings. Ops also filed their affidavit and papers in support of their pleadings We have perused the material available on record and heard the complainant’s counsel. The first question of consideration before us is whether the complainant is entitled for the relief claims? Admittedly, Complainant subscribed the membership of the OP Club and his membership Id 522305 and the category is blue studio. Complainant was offered by Mr. Rohit the representative of club to subscribe 25 year membership plan and entitling him promotional benefits. Complainant made down payment Rs.30427 i.e. 10 % of total membership amount and the remaining amount was to be paid in EMI’s. Op has admitted that the complainant had paid the amount Rs.30427/ towards down payments, 10 % price of the membership price Rs.354270/ after availing the hefty discount Rs.5000/. Thus the complainant was entitled to the benefits against the payment of Rs.30427/. Complainant did not receive any boucher as it was promised by club representative and on making complaint to the OP with voice recordings and whats app messages screen shots of the conversation and also by sending a dozen e-mails. The grievance was not resolved. Thus the promise made by the representative of OP was not honored and the OP is liable to reimburse the complainant for the damages resulted on account of breach of promise. There is no such rule to forfeit the amount paid by the member under the aforesaid circumstances. If the OP fails to resolve the grievance of the member, OP is liable to reimburse the member for the loss caused to him. Accordingly complainant is entitled to refund the amount paid him alongwith compensation for harassment and litigation expenses. Question is formulated in favour of complainant.  We hereby direct the Op shall pay the amount Rs.30427/ with interest at the rate 10% per annum from 5.03.2022 till the date of actual payment and Rs. 10000/as compensation for harassment with litigation expenses Rs.10000. Op shall comply with the direction within a month failing which OPs shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded as per rule on the website of the commission for the perusal of the parties. File be consigned to record room along with a copy of this judgment.

[HON'BLE MR. HASNAIN QURESHI] PRESIDENT     [HON'BLE MR. ALOK UPADHYAYA] MEMBER     [HON'BLE MRS. PURNIMA SINGH RAJPOOT] MEMBER