Chandigarh

DF-II

CC/1197/2019

Suniti Puncchi - Complainant(s)

Versus

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

In Person

10 Nov 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	1197 of 2019
Date  of  Institution	:	26.12.2019
Date   of   Decision	:	10.11.2020

 

 

 

 

1]  Suniti Puncchi wife of Sh.Vishal Puncchi, r/o House NO.3509, Sector 37-D, Chandigarh.

 

2]  Aroma Juneja wife of Sh.Ritesh Juneja, R/o House No.6, Sector 27-A, Chandigarh.

 

3]  Ritesh Juneja s/o Sh.Subhash Chander, r/o House NO.6, Sector 27-A, Chandigarh.

 

             …..Complainants

Versus

 

1]  Mahindra Holidays & Resorts India Ltd., 17/18, Patullos Road, Mahindra Towers, Chennai 600002

 

2]  Sourav Sharma/Official of the Club Mahindra, 504 Block A, 5^th Floor, Elante Office Suits, Plot No.178-178/A, Industrial Area, Phase-1, Chandigarh.

 

3]  Amit Aggarwal, Branch head at Chandigarh Office, 504 Block A, 5^th Floor, Elante Office Suits, Plot No.178-178/a, Industrial Area, Phase-1, Chandigarh.

 

4]  Vikas Official of the Club Mahindra Chandigarh Office, 504 Block A, 5^th Floor, Elante Office Suits, Plot No.178-178/A, Industrial Area, Phase-1, Chandigarh.

 

    ….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN              PRESIDENT

         SMT.PRITI MALHOTRA             MEMBER 

                    SH.B.M.SHARMA                      MEMBER

                               

For Complainant      : Ms.Aroma Juneja, Advocate

For OPs              : Sh.J.S.Bhatia, Advocate

 

PER PRITI MALHOTRA, MEMBER

          The case of the complainant No.1, in brief, is that she was allured by the representative of OPs for opting their Membership assuring her of getting good tour programme and holidays facility.  It is averred that the official of OPs offered her a membership of Rs.4.50 lacs and assured that by paying Rs.66000/-, all her family members of nine can go on their first trip.  It is stated that the complainant No.1 apprised the official of OPs that they want to go to Malaysia and Singapore. The complainant paid Rs.32,840/- to OPs on 31.3.2019 and the second installment was deducted from account of complainant No.2 on 7.5.2019.  It is averred that the complainant booked the tickets of their family members on 15.4.2019 for 4.6.2019 for said tour and informed OP NO.4.  Thereafter, the complainant had to made another payment of Rs.22,618/- to OPs making it total Rs.66,767/-, as OP No.2 telephonically informed her that their stay can only be booked if payment of Rs.66,767/- is received.  However, on the last few days, when the complainant visited the office of OPs, she was shocked when the official of OPs told that there is no request from her ID for making any booking.  Thereafter, the complainants visited OP No.3 for the help but he behaved irresponsibly and told the complainant to pay extra Rs.1.50 lacs or they have to manage the said tour at their own expenses.  Accordingly, the complainants had to bear the expenses of the said tour programme at their own expenses.  It is submitted that due to deficient act & conduct of OPs as well as their indulgence into unfair trade practice of giving false assurance & promises and collecting money on such basis, they have suffered a lot.  Hence, this complaint has been filed.

 

2]       The OPs have filed joint reply and while admitting the factual matrix of the case, stated that before purchasing the Membership of the OP company, the complainant has clearly read and understood all the features, benefits and entitlements under the Membership along with Membership Rules and terms & conditions governing the Membership as contained in the Membership Application Form and has purchased the Membership after being duly satisfied as to all the relevant aspect. The complainant was duly apprised that cost of White Studio Membership shall be Rs.4,43,400/- regarding which the complainant had paid down payment of Rs.32,840/- and promised to pay the balance cost vide 48 EMIs of Rs.11,309/-.  It is averred that the complainant paid only Rs.66,767/- as whole, which the OP Company has already refunded to her in Feb., 2020 vide four different transactions.  It is submitted that no assurances or representation as to confirmed bookings for Singapore & Malaysia was given to the complainant as alleged.  It is also submitted that the complainant never approached the OP Company for any bookings for any foreign trip as alleged. Denying all other allegations and pleading no deficiency in service, the OPs have prayed for dismissal of the complaint. 

 

3]       Replication has also been filed by the complainants thereby reiterating the assertions as made in the complaint and controverting that of the OPs made in their reply.   

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the OPs and have perused the entire record.

 

6]       It is admitted fact that the complainant No.1 took membership of the OPs by paying an amount of Rs.66,767/-. It is undisputed that the complainants have not been provided any membership facility by the OPs and they have to arrange their foreign tour at their own. 

 

7]       From the zimini orders dated 10.2.2020 and 5.3.2020, it is  clear that the OPs had refunded the principal amount to the complainants. It is thus well proved that the principal amount paid by the complainant No.1 to avail the membership facility of OPs, has been refunded by OPs during pendency of the present complaint.

 

8]       The OPs have also admitted in their reply about the refund of whole principal amount to the complainants.   After  having  received the principal amount, the counsel for the complainants argued that the complainants be compensated for the harassment suffered at the hands of the OPs and also for the litigation expenses. 

 

9]       A thorough perusal of the record reveals that before filing of the present complaint, the complainant No.1 had gone through tough time to persuade the OPs to get the refund of their hard-earned money, which under wrong allurement was paid to the OPs to avail the membership, which later on proved worthless.  The record reveals that numerous e-mails were exchanged between both the parties for quite long period, but OPs did not refunded the amount, which forced the complainants to file the present complaint.  It is clear on record that only after having received the notice of the present complaint, the OPs refunded the amount to the complainants.  Hence, the deficiency in service on the part of OPs is writ large. 

 

10]     In view of the above findings, the present complaint is partly allowed with direction to OPs to pay a compository cost of Rs.15000/- to the complainants towards compensation as well as litigation expenses. 

         This order shall be complied with by the OPs within a period of 30 days from the date of receipt of copy of this order, failing which the OPs shall be liable to pay additional cost of Rs.10000/-, 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

10^th Nov., 2020                                                                                                                                                                       sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER