DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 342 of 5.9.2016

                                      Decided on:               25.5.2017  

Sonu Satija Wife of Mahesh Satija R/o H.No.747, Street No.1/B, guru Nanak Nagar, Patiala.

                                                                   …………...Complainant

                                      Versus

1. Mountain Club Resorts India Pvt. Ltd., Corporate Office 53-54, Nehru Place, New Delhi-110019 through its Managing Director.
2. Amir Hussain, Venu Manager, Mountain Club Resorts India Pvt. Ltd.Corporate Office 53-54, Nehru Place, New Delhi-110019.
3. Ms. Riya Singh, Employee Customer Care Department, Mountain Club Resorts India Pvt. Ltd.Corporate Office 53-54, Nehru Place, New Delhi-110019.
4. Mr.Rakesh Giri, Employee Customer Care Department, Mountain Club Resorts India Pvt. Ltd. Corporate Office 53-54, Nehru Place, New Delhi-110019.
5. Mr.Rakesh Kaul, C.O.O., Mountain Club Resorts India Pvt. Ltd. Corporate Office 53-54, Nehru Place, New Delhi-110019.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Smt. Neena Sandhu, President

                                      Smt. Neelam Gupta, Member                              

ARGUED BY:

                                      Sh.Surinder Gera,Advocate,counsel for complainant.

                                      Opposite Parties ex-parte.

 ORDER

                                    SMT.NEENA SANDHU, PRESIDENT

                Smt.Sonu Satija, complainant has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) praying for the following reliefs:-

1. To pay Rs.35,000/-,paid by her for alternative arrangement, for planned trip for the date already fixed
2. To refund Rs.21,000/- alongwith interest @12% per annum from the date of deposit till realization
3. To pay Rs.1,00,000/- as compensation for causing mental agony and physical harassment to her
4. To pay Rs.11,000/- as litigation expenses and
5. To grant any other relief, which this Forum may deem fit.

2.                In brief, the case of the complainant is that, O.P. No.2 organized a business promotion camp on behalf of Op no.1, at Hotel Jiwan Plaza, Patiala on 21.2.2016, where she was invited to attend the same. On the assurance of the OPs, she  bought a Holiday Package in Club Group of Hotels , for three holidays, which could be extended maximum to 6 nights for each holiday and paid Rs.21,000/-, against the receipt. The OPs provided membership card bearing No.NAMC-9047. It is averred that apart from this she was also gifted one holiday voucher for three nights and four days, on the same terms and conditions as were applicable on the package, wherein it was mentioned that she was not to pay for the foods but will get the complementary breakfast as well. It is further averred that on the assurance of the OPs,  on 16.3.2016, she  for herself and for her family, booked  holiday for Shimla for 14^th, 15^th and 16^th April,2016. On 31^st March,2016, she  got confirmation about the booking. She remained in touch with the officials of OP No.1. On 13^th April,2016, the OPs started demanding charges for the food, which was more than the actual cost of the package bought by her. In this regard, she wrote to OP no.5, but he did not pay any heed to her request and flatly refused to do anything in the matter. She had to arrange alternative arrangement for planned trip, which sot Rs.35,000/-. She requested the OPs for the refund of  Rs.21000/-lying deposited with them as booking charges but the OPs did not pay any heed. She also got served a legal notice upon the OPs but of no avail. This act of the OPs amounts to deficiency in service, which caused mental agony and physical harassment to her. Hence this complaint.

3.       On being put to notice, the OPs failed to come present despite service and were accordingly proceeded against ex-parte.

4.       On being called to do so, the ld. counsel for the complainant has tendered in evidence affidavit of the complainant,Ex.CA alongwith documents Exs.C1 to C19 and closed the evidence.

5.       We have heard the ld. counsel for the complainant, gone through the written arguments filed by the complainant and have also gone through the record of the case, carefully.

6.       From the perusal of agreement dated 21.2.2016,Ex.C1, it is evident that complainant took  membership of Mountain Club resorts India Pvt. Ltd. i.e. OP no.1. by paying an amount of Rs.21,000. From the copy of letter dated 21.2.2016,Ex.C4,it is evident that  OP no.1 issued   membership card bearing No.NAMC-9047, in the name of the complainant. The Ops have also provided the complainant a holiday gift voucher of three nights and four days, as is evident from Ex.C2.It is contended by the  complainant  that  in order to avail the benefit of gift voucher, she  vide e-mail dated 19.3.2016, Ex.C6, requested the Ops for booking  at  Shimla.  After receiving confirmation about the booking, she again sent an e-mail dated 30.3.2016 to the OPs to enquire about the terms and conditions of the gift voucher. She received an e-mail dated 31.3.2016, Ex.C8, vide which Ops  informed that no terms and conditions would be applicable in this booking. However, thereafter, she received an  e-mail dated 13.4.2016, stating therein that during her stay, she would be compulsorily charged Rs.1850/- for meal per day per person. By sending the said e-mail just a day before the planned trip, the Ops forced her to make an alternate arrangement to stay at Shimla , which caused her mental agony and physical harassment. After receipt of the e-mail dated 13.4.2016,  she requested the Ops vide e-mail,Ex.C10, on the same date, for the cancellation of her booking at Shimla, for cancellation of her membership and also for refund of the membership fee of Rs.21000/- but the Ops  paid no heed to her request. The said contentions of the complainant gone un-rebutted as the OPs instead of contesting the case, have preferred not to appear before this Forum.

7.                It may be stated that parties are bound by the terms and conditions of the agreement. As per term no.2 of the Terms and Conditions of  Holiday Gift Voucher for 3 nights/4 days, Ex.C2, which reads as under:

“2. Breakfast and one meal (Lunch or Dinner) must be taken by each person for each night’s stay at the Resort(compulsory) at the charges of One Thousand Two Hundred per person which is to be paid in advance. Child below the age 5 years in free, child between the age of 5 and 12 years will be charge for additional 50% of the stipulated meal charges. Child above the age of 12 the charges full”,

the OP no.1 cannot charge over and above the agreed rate .However, from the e-mail dated 31.3.2016,Ex.C8, it is abundantly clear that  Ops informed the complainant that no terms and conditions would be applicable in this booking. Thereafter vide e-mail dated 14.6.2016, informed the complainant that they would charge compulsorily food charges @ Rs.1850/- per night per head for breakfast and dinner. By doing so, the Ops have  breached the terms and conditions of the membership, which not only amounts to deficiency in service on their part but they have also indulged into unfair trade practice. Taking into account all these  facts and circumstances, we hold that  Mountain Club Resorts India Pvt. Ltd. i.e. OP no.1, with whom the complainant entered into an agreement, is liable to cancel the membership of the complainant and also to refund the amount paid by the complainant, alongwith interest. It is also liable to pay compensation on account of mental agony and physical harassment caused to the complainant alongwith litigation expenses. However, no liability can be fastened against Ops no.2to5, they being the employees , who acted on or before of its employer i.e. OP no.1.

8.                In view of the aforesaid discussion, we  dismiss the complaint against Ops No.2 to 5 and   allow the same against OP no.1. It is directed  in the following manner:

1. To refund to the complainant the amount of Rs.21,000/- alongwith interest @7% per annum from the date of deposit i.e. 21.2.2016, till realization
2. To pay Rs.10,000/-as compensation on account of mental agony and physical harassment caused to the complainant, which is inclusive of litigation expenses

The OPs are further directed to comply the order within a period of 45 days from the date of the receipt of the certified copy of this order. Certified copy of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.

DATED:25.5.2017       

                                                                   NEENA SANDHU

                                                                       PRESIDENT

                                                                   NEELAM GUPTA

                                                                         MEMBER