DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 6^th day of October, 2023

  Present :  Sri.Vinay Menon V., President

              :  Smt.Vidya A., Member

                Date of filing:  20/02/2023

     CC/55/2023

Mujeeb Rahman,

Pulintharakkal  House,

Andimadam,

Kadukkamkunnam (PO)

Palakkad – 678 651                          -      Complainant

(Party in person)

V/s

    Makin Memories Pvt. Ltd. Company,

   Represented by its Manager,

FA-16/17, 1^st Floor, Lake City Mall,

Old Agra Road, Near Kapurabawadi Junction,

Thane(W) – 400 607.        -      Opposite party

   (Ex-parte)

O R D E R  

By Smt.Vidya A., Member

 1. Pleadings of the complainant in brief.

      Complainant and his wife took membership from the opposite party company.  As per the agreement, the opposite parties assured that if they are remitting the entire fee,  the complainant and his family will be given 5 year membership and they will be entitled to spend 7 days and 6 nights in Goa in opposite party’s affiliated hotels/resorts or other resorts having tie-up with them. Further, they will be provided flight tickets for their  travel. Believing the assurance, the complainant paid Rs.1,05,000/-on 13/05/2022 and signed the agreement. After that the staff of the oppposite party asked him to sign the purchase agreement and he signed it as there was no other option for him.

For spending holidays with his family during Onam vacation, the complainant sent mail to the opposite party on 9/8/2022 intimating the details of his family members and travel date. On 12/08/2022 he again sent mail and in reply they asked the complainant to choose the place of stay in Goa from the options given by them. The complainant send reply intimating the choice as ‘Sun City Resort’, Goa and asking the Air Ticket for his family.

The opposite party sent reply stating that the total utility charge for travel and stay for an adult is Rs.2666/- per night and children above 8 years has to pay Rs.1200/- per night. Ticket fare to Goa via Mumbai is 5900/- per head and for return Rs.5800/- per person. They asked the complainant to pay Rs.11,598/- to their Bank account as utility charge. But the complainant again sent e-mails asking Air Ticket for the entire family. Finally the opposite parties informed that the management has decided to provide only 2 return tickets to them. It was against their initial agreement.

Again during Christmas vacation, he contacted the opposite parties, but they did not give any reply. So the complainant asked for the refund of the amount paid as membership fee; but there was no response from the opposite party.

The above acts of the opposite party amounts to deficiency in service and the complainant and his family suffered mental agony and financial loss on account of that.

So he approached this Commission for

Directing the opposite parties to refund Rs.1,05,000/- being the membership fee paid by the complainant and to pay Rs.1 lakh being the cost incurred in arranging another vacation plan.  He further claims Rs.5 lakh as compensation for the mental agony and financial loss suffered by the complainant and to pay the entire cost of this litigation.

• Complaint was admitted and notice was  issued to the opposite party. Even after receipt of notice, the opposite party did not appear or file version and they were set ex-parte.
•  Complainant filed proof affidavit and Exts. A1 – A5 marked from his side. Ext.A1 is the ‘Tax Invoice’ issued by opposite party showing the payment of Rs. 1,05,000/- as Holiday Membership fee. Ext.A2 is the receipt dated 13/05/2022 issued by opposite party to the complainant towards the payment. Ext.A3 is the purchase agreement dated 13/05/2022 made between Makin Memories Pvt.Ltd.,(the opposite party) and the complainant. Ext.A4 is the application form submitted by the complainant and his wife to the opposite party. Ext.A5(series) is the print out of the e-mails sent by the complainant to the opposite party.

•  From Ext.A1, it is clear that the complainant and his wife took membership from the opposite party on payment of Rs.1,05,000/- and the opposite parties issued receipt for the same.

 Ext.A5 (series) is the e-mail communications between the Complainant and the Opposite Party.

In this, Complainant has enquired about the Air tickets for his family which, according to him was  offered  by the opposite party while taking membership.

In return, they replied that flight charges from Coimbatore to Goa via Mumbai is Rs 5900/- per person and return charges from Goa to Coimbatore via Hyderabad is Rs 5,800/- per person.

• The Complainant selected ‘Sun City Resort’ for stay from the options given by the Opposite Parties. For this, the Opposite Party informed the below charges applicable.

Utility charges Rs 2666/- per night will be applicable.

Child  above 8 years is Rs 1200/- per night will be applicable

• The Complainant’s grievance pertains to the non-issuance of Air Tickets by the Opposite party for the Complainant and his family. According to him this is against the agreement between them at the time of taking membership.
• The ‘Purchase agreement dated 13/05/22 made between the Complainant and the Opposite Party is marked as Ext A3.

Ext A3 enumerates ‘Vacation Benefits, particulars of the vacation Terms & Conditions. From this it  is clear that the Opposite party provide their members, privileges to use this membership for accommodation/stay for the whole tenure of membership or any of their affiliated/partner resort in India or they can enjoy vacations in exclusive Strategies Alliance resorts/hotels by paying applicable utility charges/taxes per night.

• The Opposite party has not mentioned about the free Air Tickets as claimed by the Complainant. They only provide stay in the hotels/resorts in their list to  their members on payment of applicable utility charges. Charges will also apply  for children  above five years.  Hence as per Ext A3, the complainant is not entitled to flight charges as claimed by him. As the opposite party did not act  in contrary to their agreement, there is no Deficiency in service on their part and the complainant is not entitled to the reliefs claimed.

In the result, complaint is dismissed.

     Pronounced in open court on this the 6^th October  2023.

         Sd/-                             Vinay Menon V

                                           President

   Sd/-

Vidya.A

                 Member