DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM
Dated this the 22nd day of December, 2023
Filed on: 23/03/2022
PRESENT
Shri.D.B.Binu President
Shri.V.Ramachandran Member
Smt.Sreevidhia.T.N Member
CC NO. 181/2022
Between
COMPLAINANT
M.G. Reghu, S/o. A.S. Gopalakrishnan, ‘Archana’, Kumbalam P.O., Ayurveda Dispensary Road, Ernakulam 682506
(Rep. by Adv. George Cherian Karippaparambil, Karippaparambil Associates, HB 48, Panampilly Nagar, Kochi 36)
VS
OPPOSITE PARTY
M/s. Mahindra Holidays & Resorts India Ltd., Mahindra Towers, 2nd and 3rd Floor, 17/18, Patullos Road, Chennai 600002.
(Rep. by Adv. M. Gopalakrishnan Nambiar, Menon and Pai, I.S. Press Road, Cochin 18)
FINAL ORDER
Sreevidhia T.N., Member:
- A brief statement of facts of this complaint is as stated below:
The opposite party had widely advertised and canvased the complainant for taking membership representing that the opposite party has around 5000 resorts across India and abroad under own management of the opposite party. The complainant was further induced by the infrastructure facility and availability of assured holidaying every year with 10 complementary vouchers for 2 night and 3 days in any of the opposite party’s resorts for holiday. It was further assured that the complainant can gift these vouchers to his family members or friends for availing the holiday.
The complainant had taken the club Mahindra Bliss Membership of the opposite party paying Rs.1,65,400/- on 30/06/2020. The receipt No. 7604064382 dated 07/01/2020 for Rs.1,65,400/- was issued in the name of the complainant. Later in July 2020 opposite party has issued club Mahindra Bliss Membership card with Member id No. 2918213 valid from 07/2020 to 06/2030. At the time of availing the membership the complainant was specifically assured by the said territory manager of the opposite party that the complainant need not pay the 1st year annual subscription fees to the opposite party. The first year annual subscription will be met by the referral of the person who is taking the membership of the opposite party through the said territory manager.
In the year 2020 all the travel in India and abroad were restricted due to the spread of Covid-19 pandemic situation. From August 2020 onwards the customer care executives demanded the annual subscription fees. Complainant had paid Rs.13,683/- towards annual subscription fees under protest on 31/03/2021 through Standard Chartered Bank credit card. Though the complainant had paid the annual subscription fees in 2020 could not avail the holiday in any of the resorts of the opposite party considering the safety of the family and that all the resorts of the opposite party are closed. In 2021 also the customer care executives from the month of August 2021 demanded the annual subscription fees though there was travel restrictions and staying in hotels and resorts.
On easing down of Covid-19 pandemic restrictions during November, 2021 complainant wanted to enjoy holiday with his family in the resort of opposite party in January, 2022. Accordingly complainant tried to book in advance the holiday resorts in Nepal and when it was not available tried to book in Sri Lanka there also the resorts were not available. The attempts of the complainant to book in Munnar and Cherai were also turned futile for want of vacancy. Finally complainant tried to book in advance the holiday resorts in RK Sarovar Portico resort in Srinagar, Jammu & Kashmir for 3 nights and 4 days in the month of January, 2022 to 10th January, 2022 but there was no vacancy.
Desperately complainant wanted booking in a holiday location and contacted RCI India Pvt. Ltd. a hotel group having tie up with the opposite party for which the complainant has to pay in cash. Complainant got booking in Lotus suits resorts in Goa between 08/01/2022 to 15/01/2022. Complainant had to pay Rs.13,699/- in advance for booking on 24/11/2021. The payment receipt dated 24/11/2021 for Rs.13,699/- issued by RCI India Pvt. is produced.
The complainant could not avail the holiday in any of opposite party’s resorts in spite of attempted bookings in advance of about 60 days. The complainant alleges that the opposite party has not earmarked the resorts for its club members. Opposite party with profit/commercial motives, contrary to the promise is devoting the majority of bookings for outsiders on commercial tariffs canvasing through a separate marketing division. The complainant was forced to request the opposite party through his e-mail dated 26/11/2021, 30/11/2021, 08/12/2021 and 11/01/2022 for refund of the club membership charges. The complainant states that the conduct of the opposite party in not refunding the club membership charge Rs.1,65,400/- and the annual subscription fees Rs.13,683/- is negligence, deficiency in service and unfair trade practice on the part of the opposite party. The action of the opposite party amounts to harassment, mental torture and agony to the complainant and his family members. Hence the complainant approached this Commission.
- Notice :
Notice was issued to the opposite parties from this Commission on 23/05/2022. On 26/09/2022 opposite party appeared through counsel and filed vakalath and version along with petition to accept the version as I.A. 372/2022.
On 06/02/2023 IA. 372/2022 is heard. The opposite party’s counsel submits that the delay in filing the version is only due to the mssing of the files connected to the case and the same could be traced out in the first week of September, 2022 and hence there is no willful latches from the part of the opposite party. I.A. 372/2023 dismissed and the case is posted for evidence of the complainant to 05/05/2023
- Evidence:
Evidence in this complaint consists of the proof affidavit filed by the complainant and the documentary evidence filed by the complainant which were marked as Exbt. A1 to A11.
Heard the counsel of the complainant.
- Issues:
- Whether any deficiency in service or unfair trade practice is proved from the side of opposite parties towards the complainant?
- If so, reliefs and compensation?
For the sake of convenience we have considered issue No. (a), and (b) together. The case of the complainant is that he had taken a club Mahindra Bliss Membership of the opposite party by paying Rs.1,65,400/- on 30/06/2020. In January, 2020 the opposite party had issued Club Mahindra Bliss Membership Card valid from 07/02/2020 to 06/2030. The complainant had paid Rs.13,683/- towards annual subscription fees in 2020, could not avail the holiday in any of the resorts of the opposite party. In spite of paying huge amount of Rs.1,65,400/- plus Rs.13,683/- as annual subscription fees the complainant could not avail the holiday in any of the opposite party’s resorts in spite of attempted booking in advance of about 60 days. The complainant’s main allegation is that opposite party is devoting the majority of booking for outsiders on commercial tariffs canvassing through a separate marketing division. Hence the club members could not avail holiday even if booked around 60 days in advance. Hence the complainant requested for refund of the club membership charges through various e-mails.
We have made a thorough probe into the documents filed by the complainant. Exbt. A1 is the receipt issued by the opposite party in the name of the Complainant (Receipt No. 7604064382 dated 01/07/2020 towards down payment) exbt. A2 is the Club Mahindra Bliss Membership Card issued by the opposite party to the complainant with Member id no. 2918213 which is valid from 07/2020 to valid till0 06/2030. Exbt. A3 is the credit card statement of the complainant dated 25/04/2021 evidencing the payment of Rs.13,683/- to the opposite party. Exbt A4 is an automated acknowledgment receipt from the opposite party. Exbt. A5 is also an automated message, Exbt. A6 is also an automated message, Exbt. A7 is also an automated message. Exbt. A8 is an e-mail sent to the opposite party dated 26/11/2021. Exbt. A9 is an e-mail sent by the complainant to the opposite party dated 30/11/2021 requesting to cancel the Membership under ID 2918213. Exbt. A11 is also e-mail sent to the opposite party by the complainant. Exbt. A11 is an e-mail sent to the opposite party by the complainant.
The complainant’s main allegation is that in spite of paying an amount of Rs.1,65,400/- as club membership charges and Rs.13,683/- for annual subscription fees he could not avail the holiday in any of the resorts of the opposite party. The complainant’s other allegation is that opposite party has not earmarked the resorts for its club members. The complainant states that he tried to book in advance the holiday resorts in Nepal, Sri Lanka, Munnar, Cherai, Srinagar, Jammu & Kashmir, Himachal Pradesh, Goa Etc. But the complainant has not produced any evidence. Even though membership card is produced as Exbt. A2 in this case, the rules and regulations of the membership card is not produced by the complainant in this case. Without knowing the conditions and cancellation of membership and other rules regarding the club membership deficiency of service from the side of opposite party cannot be assessed.
In the absence of substantial evidence it is not possible to establish that there was any deficiency of service or unfair trade practice on the part of opposite parties. Hence the issues are found not in favour of the complainant and hence the complaint is dismissed.
Pronounced in the Open Commission this the 22nd day of December,2023.
Sreevidhia.T.N, Member
D.B.Binu, President
Forwarded/by Order
Assistant Registrar
Appendix
Complainant’s evidence
Exhibit A1: Receipt No. 7604064382 dated 01/07/2020
Exhibit A2: Club Mahindra Bliss Membership Card
Exhibit A3: Copy of credit card statement of the complainant
Exhibit A4: Automated acknowledgment receipt from the opposite party
Exhibit A5: Automated message
Exhibit A6: Automated message
Exhibit A7: Automated message
Exhibit A8: Copy of e-mail sent to the opposite party dated 26/11/2021
Exhibit A9: Copy of e-mail sent to the opposite party dated 30/11/2021
Exhibit A10: Copy of e-mail sent by the complainant to the opposite party dated 30/11/2021
Exhibit A11: Copy of e-mail sent by the complainant to the opposite party
Opposite party’s evidence
Nil
Despatch date:
By hand: By post
kp/
CC No. 181/2022
Order Date: 22/12/2023
