Chandigarh

DF-I

CC/547/2018

Mr. Subhash Aggarwal - Complainant(s)

Versus

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

Rajat Chopra

30 Oct 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/547/2018
Date of Institution	:	01/11/2018
Date of Decision	:	31/10/2019

 

Subhash Aggarwal S/o Late Sh. K.L. Aggarwal, Resident of House No.1016, Sector-7, Panchkula (Haryana).

…..Complainant

 

V E R S U S

 

1.      Mahindra Holidays & Resorts India Limited, through its Managing  Director, Mahindra Towers, 2^nd Floor, 17/18, Patullos Road, Mount Road, Chennai – 600002 (Tamil Nadu).

 

2.      Club Mahindra Holidays, 504, Block-A, 5^th Floor, Elante Office Suits, Plot No. 178-178-A, Industrial Area Phase-I, Chandigarh-160001, through its General Manager.

 

3.      Mr. Sunny Gupta, Relationship Manager, Club Mahindra Holidays, 504, Block-A, 5^th Floor, Elante Office Suits, Plot No. 178-178-A, Industrial Area Phase-I, Chandigarh-160001.

 

4.      Mr. Rakshit Grover, Team Leader, Club Mahindra Holidays, 504, Block-A, 5^th Floor, Elante Office Suits, Plot No. 178-178-A, Industrial Area Phase-I, Chandigarh-160001.

…… Opposite Parties

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	DR.S.K.SARDANA	MEMBER

                                                                       

ARGUED BY	:	Sh. Rajat Chopra, Counsel for Complainant.
	:	Sh. J.S. Bhatia, Counsel for Opposite Parties No.1 & 2
	:	Opposite Parties No.2 & 3 ex-parte.

 

Per Dr. S.K. Sardana, Member

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, the Complainant applied for the services of the Opposite Parties No.1 & 2 being a subsequent purchaser of Club Mahindra Purple Studio Membership. The Opposite Parties did not provide the facility to the Complainant to enjoy the holidays in Dubai planned by the Complainant with his family. The Complainant requested for booking of flight tickets, however, the request of the Complainant was turned down on the ground of non-availability. The Complainant himself after booking the flight tickets again requested to arrange the accommodation for the Complainant and his family at one of the resort of the Opposite Parties at Dubai as per the Membership, the request of the Complainant was upfront denied on the same ground not being available. Moreover, despite paying a hefty amount, the Opposite Parties did not keep their promise and failed to comply with their part of the contract to arrange the accommodation for the vacation in Dubai on the priority basis as per the Membership, which amounts to breach of trust. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant Consumer Complaint praying for refund of Rs.20,863/- towards EMI charges which were wrongfully deducted from the account of the Complainant on 07.11.2017, compensation of Rs.4,00,000/- for neither booking the flight tickets nor providing the accommodation for the vacation in Dubai on priority basis as per the Membership and for causing mental tension, agony and harassment to the Complainant, thereby not updating the receipts of Rs.2,50,641/- pertaining to upgrade the Membership from Purple Studio to Purple 1 Bed Room despite of receiving the payment from the Complainant.
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case. However, despite service, nobody has appeared on behalf of Opposite Parties No.3 & 4, therefore, these were proceeded against ex-parte.
3.         Opposite Parties No.1 & 2 contested the Complaint and filed their joint reply, inter alia, admitting the basic facts of the case. It has been asserted that the Opposite Parties had provided and honoured all the special benefits/ enrolment benefits as offered to the Complainant at the time of subscription/ purchase of membership. Since the booking of holidays is subject to availability and eligibility as also on the basis of first come first serve basis in terms of membership rules, which the Complainant is indisputably party to by virtue of signing the very contract, thus refusal to book accommodation on one occasion by the Opposite Parties on account of non-availability cannot be made as an alibi for preferring the present complaint. 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.         The parties led evidence in support of their contentions.
5.         We have gone through the entire record and heard the arguments addressed by the Learned Counsel for the contesting parties.
6.         On perusal of Annexure R-2, which is a Membership Application Form, containing the terms & conditions of the membership, we find that Clause 5.8 clearly stipulates that the member shall not be entitled to avail holidays till the payment of ASF together with interest, if any, that may be charged by MHRIL.
7.         The aforesaid terms makes it crystal clear that any booking request may be confirmed by the Opposite Parties only upon receipt of the said request and subject to eligibility of the member and availability of the accommodation at the chosen resort. As the Complainant himself was in default of Annual Subscription Fees (ASF) dues, the booking request(s) so received from the Complainant could not be processed by the Opposite Parties for want of eligibility.
8.         Annexure R-5 and R-6 placed on record by the Opposite Parties shows that the Complainant vide e-mail dated 21.10.2017 and 30.10.2017 was categorically requeste3d for payment of his ASF dues for the year 2017 and was given various options for payment thereof. However, the Complainant did not pay any heed to the same and failed to deposit the ASF amount. It is thus proved that the Complainant is not entitled to the relief prayed for.
9.         For the reasons recorded above, we do not find even a shred of evidence to prove any deficiency in service or unfair trade practice on the part of Opposite Parties. Consequently, the Consumer Complaint fails and the same is dismissed, leaving the parties to bear their own costs.
10.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
31/10/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”