Chandigarh

DF-I

CC/278/2020

Sunil Dutt Verma - Complainant(s)

Versus

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

Rajeev Anand & Daisy Sharma

09 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/278/2020
Date of Institution	:	11/08/2020
Date of Decision	:	09/08/2023

 

Sunil Dutt Verma, Son of K.C.Sharma, aged 47 years, R/o House No.778, Sector 79, Mohali, SAS Nagar (Punjab)-160079.

… Complainant

V E R S U S

1. Mahindra Holidays & Resorts India Ltd., through its Managing Director, Branch Office: No.504, Block A, 5^th Floor, Elante Office Suits, Plot No.178-178/A, Industrial Area Phase-I, Chandigarh-160001.

     Registered Office: Mahindra Towers, 2^nd Floor, 17/18, Patullos Road, Mount Road, Chennai (Tamilnadu)-600002.

     Corporate Office: Mahindra Towers, 1^st Floor, “A” Wing, Dr. G.M.Bhosle Marg, P.K. Kurne Chowk, Worli, Mumbai-400018.

2. Mahindra Holidays & Resorts India Ltd., through its Company Secretary.

     Branch Office: No.504, Block A, 5^th Floor, Elante Office Suits, Plot No.178-178/A, Industrial Area Phase-I, Chandigarh-160001.

     Registered Office: Mahindra Towers, 2^nd Floor, 17/18, Patullos Road, Mount Road, Chennai (Tamilnadu)-600002.

     Corporate Office: Mahindra Towers, 1^st Floor, “A” Wing, Dr. G.M.Bhosle Marg, P.K. Kurne Chowk, Worli, Mumbai-400018.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

 

                                                

ARGUED BY	:	Ms.Chandni Bajaj, vice counsel for Sh.Rajeev Anand, Counsel for Complainant.
	:	Sh.Jujhar Singh, vice counsel for Sh.Jasmeet Singh Bhatia, Counsel for OPs.

Per Surjeet kaur, Member

1.      Averments are that the complainant had subscribed to the “Club Mahindra Holiday” packages membership under category-blue season and the complainant paid total amount of Rs.2,27,763/- to the OPs (Annexure C-1). On 21.06.20211, OPs issued a certificate of membership, under the blue season category, in the name of complainant and membership period from 01.10.2012 to 30.09.2037 (Annexure C-2). The complainant upgraded his membership plan from blue season to red season in the year 2015 through representative of the OPs. A certificate with respect to changes in membership plan was also issued by OPs on 23.02.2015. Thus, the total amount paid by the complainant towards the upgraded membership plan amounted to Rs.3,42,387/-.

         During year 2017, while launching their mobile app, in the name and style of “Club Mahindra”, OPs unilaterally altered terms and conditions including the membership/booking rules pertaining to the holiday packages promoted by them. It is also submitted that due to unwarranted and sudden changes in membership policy by OPs, the complainant has suffered huge loss financially as well as mentally. As per the new terms dictated in the mobile app launched by Ops, reservation period had been reduced from anytime to mere 3-4 months prior to holiday, thus, causing drastic changes in holidays expenses of the complainant as the travelling fare/charges keep on varying depending upon time of advance booking of the same. Resultantly, the benefits provided by Ops in their holiday schemes/packages, rendered useless to the complainant. As a result of reduced reservation period, complainant had suffered financial loss as 7 days of his accumulation privileges got lapsed on 10.01.2019 and also previously 5 days lapsed on 10.01.2018, for which OPs failed to compensate or provide any remedy to the complainant. The Ops failed to provide any information with respect to the changes proposed in membership policy through mobile app. Hence is the present consumer complaint.

2.     OPs contested the consumer complaint, filed their written reply and stated that the complainant has availed about 9 holiday bookings under his membership till date and has not approached the OP company for any other bookings whatsoever. The booking in question could also be provided to the complainant later in case he has not failed/neglected to pay for his dues under the membership within or even after due date of payment as per invoice so raised to the complainant in regular course of business. It is also submitted that the complainant has not mentioned any specific dates on which he has made any reservation request which were denied by the company and has neither substantiate his contention with any cogent documentary evidence, while continuing to level bald allegations. It is further submitted that the complainant was very much aware of the membership rules & that the membership is governed by the terms & conditions and membership rules so agreed & accepted by him at the time of taking the membership. It is further submitted that in course of strengthening the booking process and so as to enable more of its members to have fair chance of bookings when they plan their holiday, the booking window was changed in year February 2015, as against the allegation of the changes made in 2017, so as to enable the members to plan their holidays and book the same from 4 months in advance to 1 day of the holiday date. On these lines, the case is sought to be defended by the OPs.
3.     Rejoinder on behalf of complainant not filed despite of the opportunity given. Hence opportunity to file rejoinder was closed vide order dated 24.05.2023 by order of this Commission.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsel for the parties and gone through the record of the case.
6.     The sole grouse of the complainant through present complaint is that he availed the services of the OPs since 2011 and enjoyed the same with satisfaction till 2014, but OPs without taking the consent of the complainant, changed their terms and conditions in year 2017. Aggrieved with the same, the complainant is seeking refund of amount paid towards subscription to the holiday package of OPs.
7.     The stand taken by the OPs is that change in their plan will enable the members to plan their holidays and book the same four months in advance which will strengthen the booking process and give fair chance of bookings when the consumers plan their holidays. Hence, there is no deficiency in services on their part.
8.     After going through the evidence on record, it is abundantly clear that the complainant was happy and had satisfaction with the services of the OPs with effect from 2011 to 2014, but got upset in 2017 when changes were made in the booking pattern. Contrary to the stand of complainant, it is mentioned in the written statement of the OPs in para No.5 that the complainant being satisfied got his membership upgraded to “Red Studio” in year 2014 and the last holiday was availed by the complainant at Naldhera in September 2017, but this fact has not been disclosed by the complainant throughout his complaint. Also it is mentioned in para No.6 of the reply that the booking window was changed in year February 2015 and not in year 2017. Hence, the complainant concealed the material fact regarding the acceptance of the modified/new terms and conditions in year 2015, availing one holiday in year 2017. Also as per Annexure-D, page No.38 of the written statement of OPs, the complainant again tried to avail the holidays with the renewed package in year 2018. In above circumstances, the present consumer complaint, being devoid of any merit, is hereby dismissed leaving the parties to bear their own costs.     
9.     Pending miscellaneous application, if any, also stands disposed of.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
09/08/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member