Chandigarh

DF-II

CC/579/2017

Sumeet Sharma - Complainant(s)

Versus

Mahindra Holidays & Resorts India Limited - Opp.Party(s)

Durga Dutt Sharma Adv.

30 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	579 of 2017
Date  of  Institution	:	31.07.2017
Date   of   Decision	:	30.04.2018

 

 

 

 

Sumeet Sharma s/o Sh.C.M.Sharma, R/o House No.415-a, Type-III, OCF, Estate Sector 29-A, Chandigarh  

             …..Complainant

Versus

Mahindra Holidays & Resorts India Limited, No.504, Block-A, 5^th Floor, Elante Office Suits, Plot No.178-178-a, Industrial Area, Phase-I, Chandigarh through its Managing Director. 

2^nd Address: Registered Office: Mahindra Towers, 2^nd & 3^rd Floor, 17/18, Patullos Road, Chennai 600 002 through its Managing Director.

3^rd Address: 803-805, Casablanca, Sector 11, Plot No.45, CBD Belapur, Navi Mumbai 400614

   ….. Opposite Party 

 

BEFORE:  SH.RAJAN DEWAN              PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER 

                               

 

 

Argued by :- Sh.Chandan Dhingra, Adv. for the complainant.

             Sh.J.S.Bhatia, Adv. for the Opposite Party.   

 

 

PER PRITI MALHOTRA, MEMBER

 

         Briefly stated, the complainant being attracted by the offers made by representative of Opposite Party, purchased Holidays Package amounting to Rs.3,92,000/- from it by paying membership fee of Rs.34,700/- on 29.4.2017 (Ann.C-1).  It is averred that the Opposite Party has not provided the VLCC Voucher worth Rs.5000/- and gift voucher for 5 nights & 6 days holiday package for Goa Resort, within the prescribed period of one week from the date of making down payment of Rs.34,7000/- and even the membership kit was delivered much late on 1.6.2017.  The matter was brought to the notice of representative of Opposite Party, but the said VLCC kit and gift voucher were not made available to the complainant. It is submitted that as the Opposite Party failed to provide the due service to the complainant at the initial stage, hence the complainant requested the Opposite Party for cancellation of his membership and sought refund of amount paid.  However, the Opposite Party did not pay any heed to the refund request of the complainant, hence this complaint has been filed. 

 

2]       The Opposite Party has filed reply and while admitting the factual matrix of the case, stated that all the offers & promises have duly been fulfilled as per the eligibility of the complainant.  It is stated that the down payment discount of Rs.4500/- has already been adjusted in down payment of the complainant; the Resort Credit vouchers worth Rs.3000/-  was sent to the complainant along with Membership Kit on 26.5.2017.  It is also stated that other three benefits of 3 EMI discount worth Rs.4500/-; 5 Night holiday at Club Mahindra Resort and One Week International Holiday, could not be released due to cancellation request raised by the complainant on 26.5.2017.  It is submitted that the complainant decided to cancel the membership due to personal reason and he had no grievances as such against the Opposite Party Company. It is also submitted that in the instant matter against the membership cost of Rs.3,92,000/-, 60% of membership fee is Rs.2,35,200/-, which is non-refundable; 40% of membership fee is Rs.1,56,800/-, which is refundable after applicable deduction in terms of membership rules.  It is stated that as the complainant has paid only Rs.34,700/- as down payment, which is just 10% of membership cost, as a result nothing remains left to be refunded, hence the entire money paid by the complainant stands forfeited in terms of membership rules.  Pleading no deficiency in service and denying rest of the allegations, the Opposite Party has prayed for dismissal of the complaint.  

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the parties and have also perused the entire record.

 

5]       The thorough perusal of the record reveals that not due to unavoidable circumstances, but predominantly due to the  non-honouring of the commitments made by the Opposite Party at the time of giving him membership, the complainant decided to withdraw his application for membership of the Opposite Party and as such requested the Opposite Party to cancel his membership and refund of amount paid by him. 

 

6]       The reply filed by the Opposite Party corroborates the version of the complainant to some extent.  In Para No.4 of the reply, it has been specifically admitted by the Opposite Party that the benefits i.e. (d) 5 Night holiday at Club Mahindra Resort and (e) One Week International Holiday, could not be released to the complainant due to cancellation request raised by him on 26.5.2017.

 

7]       It is admitted by the complainant that he received the membership card on 29.4.2017 and requested for the cancellation of the membership on 26.5.2017. To our utter surprise, the Opposite Party failed to materialize their commitments made at the time of giving him the membership till the passage of nearly one month, which forced the complainant to sought for the cancellation of his membership as well as refund of the amount paid.  In our opinion, in the given circumstance, the complainant is well within his right to claim back his amount for which the Opposite Party has no right to forfeit. 

 

8]       In addition, till the filing of the complaint, the complainant was kept in dark by the Opposite Party and was never informed about the fate of his request made for cancellation of his membership and refund of the amount. The silence on the part of Opposite Party does not show their bona fide and draws an adverse inference against it.

 

9]       The argument putforth by the ld.Counsel for the OP that the complainant is not entitled for the refund as he failed to apply for the cancellation within the stipulated period of 10 days as mentioned in the terms & conditions, is not tenable. The Opposite Party despite being approached on numerous occasions failed to do the needful and even not decided the fate of cancellation request of the complainant till the filing of the present complaint for the reasons best known to it. Thus, the deficiency in service on the part of Opposite Party is writ large. 

 

10]      From the above discussion, the deficiency in service on the part of Opposite Party has been proved, which certainly has caused harassment and humiliation to the complainant.  Therefore, the complaint stands allowed against the OP with direction to refund an amount of Rs.34,700/- to the complainant along with composite amount of Rs.7000/- towards compensation and litigation expenses.

         This order shall be complied with by the Opposite Party within a period of 30 days from the date of receipt of its certified copy, failing which the OP shall be liable to pay additional compensatory cost of Rs.5000/- apart from above relief.

 

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

30^th April, 2018                                                                                                                                                                        sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER