Chandigarh

DF-I

CC/438/2017

Mr. Arun Kumar - Complainant(s)

Versus

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

Rajnish. K. Jindal

18 Jun 2018

ORDER

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

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Consumer Complaint No.	:	CC/438/2017
Date of Institution	:	02/06/2017
Date of Decision	:	18/06/2018

 

1.       Arun Kumar s/o Sh. Bal Krishan;

2.       Vanita Khichi w/o Sh. Arun Kumar;

          Both residents of House No.6, Type-III, BSF Campus, Lakhnaur-Mohali-Punjab-160067.

....Complainants

V E R S U S

 

1.       Mahindra Holidays & Resorts India Limited, Mahindra Towers, 2^nd and 3^rd Floor, 17/18 Patullos Road, Chennai-600002, through its Managing Director/CEO.

 2.      Club Mahindra, 504, 5^th Floor, Office Suite, Elante Offices, Industrial Area, Phase-I, Chandigarh, through its Manager.

…… Opposite Parties

 

QUORUM:	SH.RATTAN SINGH THAKUR	PRESIDENT
	SH.SURESH KUMAR SARDANA	MEMBER

                                                               

ARGUED BY	:	Sh. Rajnish K. Jindal, Counsel for Complainants.
	:	Sh. Jasmeet Singh Bhatia, Counsel for OPs.

                       

PER SURESH KUMAR SARDANA, MEMBER

 

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are that allured by the various promotional offers projected by the representative(s) of the Opposite Parties, the Complainants took/ subscribed Opposite Parties Membership for Studio/White Season for 25 years by making a total payment of Rs.64,493/- in all. Notwithstanding this, when neither the assured food vouchers & freebies nor any invitation to avail the Holidays were given to the Complainants, they decide to terminate the Membership and demanded their money back with interest. However, when the Opposite Parties did not bother to redress the grievance of the Complainants, they got served a legal notice upon the Opposite Parties, but the same failed to fructify. Hence, alleging the aforesaid act and conduct of the Opposite Parties as deficiency in service and indulgence into unfair trade practice, the Complainants have preferred the present Complaint.     
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case.
3.         Opposite Parties contested the Complaint and filed their joint written statement, inter alia, pleading that at the time of subscription/ purchase of Membership, the Complainants made payment of Rs.26,700/- and Rs.6,500/- was given as down payment discount to the them and they further opted for 36 EMI Plan of Rs.10,431/- each.  The Complainants defaulted in making payment of further EMI (Statement of Account Annexure R-6).  It has been urged that the representative(s) of the answering Opposite Parties tried to contact the Complainants for settling the matter by refunding his Membership Fee on exception basis despite the fact that they were not eligible for refund in terms of Membership Rules. However, the Complainants after agreeing to settle the matter stopped picking the phone as a result the matter could not be resolved. Pleading that there is no deficiency in service or unfair trade practice on their part, Opposite Parties have prayed for dismissal of the complaint.
4.         Parties led evidence by way of affidavits and counter affidavits. 
5.         We have gone through the entire evidence and heard the arguments addressed by the Learned Counsel for the Parties.
6.         The main grievance of the Complainants is that based on the promise of food vouchers and a gift of Samsung iPad, they took the membership of Opposite Parties. According to the Complainants, the said promises were never fulfilled by the Opposite Parties. Hence, they sought cancellation of the membership and refund of the membership fee paid.
7.         On perusal of Annexure R-2, which is a copy of Membership Application Form, duly signed by the Complainants on 29.12.2014, we find that no such promise, as alleged by the Complainants in their Complaint, exists therein. In the absence of which, we do not find any merit in the contention of the Complainants qua the said aspect, as anything which was not promised to the Complainants in writing cannot be made basis for raising the consumer dispute.      
8.         Per pleading of the Opposite Parties, it is evident that they were ready and willing to refund the principal amount as paid by the Complainants. To our mind, this offer is a reasonable one, to put an end to the present lis, notwithstanding the fact that there appears to be no deficiency in service or unfair trade practice on the part of the Opposite Parties.
9.         For the reasons recorded above, we dispose of the present complaint of the Complainants with a direction to the Opposite Parties to refund the principal amount as paid by the Complainants to them, within a period of 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the said amount from the date of institution of this complaint, till it is paid. 
10.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced                                        

18.06.2018

                                

Sd/-

(RATTAN SINGH THAKUR)

PRESIDENT

 

 

Sd/-

 (SURESH KUMAR SARDANA)

MEMBER