Delhi

West Delhi

CC/19/296

NAMITA - Complainant(s)

Versus

MOUNTAIN CLUB RESORTS INDIA PVT LTD. - Opp.Party(s)

24 Feb 2020

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)-III

 

CASE NO. 296/2019

MS. NAMITA

Add- D-94, Street No.3,

Main Gopal Nagar, Najafgarh,

New Delhi-110043.                                                                         ….. Complainant

 

V E R S U S

 

MOUNTAIN CLUB RESORT INDIA PVT. LTD.

(CORPORATE OFFICE)

(THROUGH ITS MANAGER/BRANCH MANAGER)

Add- Unit No. 818, 8^th Floor,

Jaina Tower-II, District Centre,

Janakpuri, New Delhi-110058.

 

Also At:

MOUNTAIN CLUB RESORT INDIA PVT. LTD.

(CORPORATE OFFICE)

(Through Its Managing Director/Manager)

Add-Station Road, Ram Nagar,

District- Nanital, Uttarakhand-244715.                                      ….. Opposite Party

 

 

O R D E R

 

K.S. MOHI, PRESIDENT

 

1. The complainant has filed the present complaint for disposal of the grievances against the OPs under section 12 of Consumer Protection Act, 1986. The Complainant had purchased membership   from OP for five years (35 Days) which included Mountain Club Resort Membership as well as Resort Condominium International (RCI) for a sum of Rs. 50,000/- on 07.07.2017.  The complainant on 25.05.2019 requested the OP for booking one room in any resorts/hotels at Kasauli or near Kasauli for 09.06.2017. After several requests and reminders, on 30.05.2019 the complainant received unsatisfactory reply from OP who only sent a list of resorts but none of these resorts and hotels was situated at Kasauli or near Kasauli. Again, on 01.06.2019 complainant requested the OP to send a list of resorts and hotels covered under Resort Condominium International (RCI). Thereafter, the OP on 04.06.2019 only sent an official website of RCI and again sent the same list of resorts and hotels which was sent earlier on 30.05.2019. However, the complainant with her personal efforts identified a resort from the official website of RCI situated near Kasauli named Timber Trail Heights Resort at Parwanoo, Himachal Pradesh which is registered under Resort Condominium International (RCI). On 05.06.2019, the complainant requested the OP for booking one room at Timber Trail Heights Resort at Parwanoo, Himachal Pradesh but it was not booked. After 09.06.2019, the complainant several times requested the OP to refund the amount of membership as OP had failed to honour the membership. Complainant’s husband personally met OP at the latest address of OP and requested to refund the membership amount to OP who flatly refused. After that on 10.06.2019 & 24.06.2019, complainant and complainant’s husband sent letters/notices to OP for refund of the amount of the Mountain Club Resort Membership as well as that of RCI but OP neither sent reply to the notices nor refunded the membership amount to the complainant.  Thus, there is a deficiency in service as well as unfair trade practice on the part of the OP. Hence, the present complaint for direction to OP:-

2. To refund the membership amount of Rs. 50,500/- with interest @ 12% per annum till actual realization.
3. To pay Rs. 50,000/- for compensation towards mental, agony, physical and financial harassment.
4. To pay Rs. 25,000/- for litigation expenses.

2.         Notice of the complaint was sent to the OPs but despite due service, none appeared on behalf of OP. Hence, OP was proceeded ex-parte vide order dated 07.08.2019. The complainant filed the ex-parte affidavit of evidence testifying the contents of the complaint on oath and relied upon.

 3.        The complainant has filed Copy of Membership Payment Receipt, dated 07.07.2017 is Ex. CW1/1, Copy of Mountain Club Resort Membership as well as RCI Card, is Ex. CW1/2 (Colly), Copy of Agreement for Membership dated 07.07.2017 is Ex. CW1/3(Colly), Copy of the request for booking resorts/hotels from 25.05.2019 to 09.06.2019 which included a request sent on 05.06.2019 for booking a room at Timber Trail Resort is Ex. CW1/4(Colly), Copy of the list of resorts sent by OP is Ex. CW1/5(Colly), Copy of the resorts or hotels found from the website of RCI is Ex. CW1/6(Colly), Copy of the letters sent to the Respondent for refunding the amount of the Membership is Ex. CW1/7(Colly).

4.         We have gone through the evidence on record and averments of complaint carefully.

5.         Notice and copy of complaint was duly served to the OP who was given ample opportunity to come forward and defend its case and rebut the allegations of the complainant but the OP chose not to do so. Hence, we have no reason to disbelieve the sworn testimony of the complainant. On perusal of membership receipt of payment dated 07.07.2017 Exhibit CW1/1, copy of Mountain Club Resort Membership as well as RCI Card Exhibit CW1/2(Colly) and copy of agreement for membership dated 07.07.2017 Exhibit CW1/3(Colly), it is undisputed fact that the complainant has obtained the said membership by paying Rs. 50,500/-. From copies of the communication Exhibit CW1/4(Colly)and particularly request dated 05.06.2019, it is revealed that response of the OP to the requests of complainant was rather evasive and OP had no intention of allowing the accommodation requested by her and specific written request of complainant dated 05.06.2019 for booking a room at Timber Trail Resort Exhibit CW1/4 was declined and OP did not bother to send any reply aggrieved by the non-cooperative and irresponsible conduct of the OP, the complainant had sent request vide letter dated 24.06.2019 Exhibit CW1/7 for cancellation of membership and refund of amount of Rs. 50,500/- paid by her but neither any reply nor amount of refund was received from OP.

6.         In view of the facts and evidence brought on the record as discussed above, we find that OP had miserably failed to provide the service agreed to by the OP as per the membership purchased by the complainant. Due the unprofessional, irresponsible conduct of OP, the complainant has also faced harassment and mental agony. We therefore, come to the irresistible conclusion that OP is not only guilty of deficiency in service but also of unprofessional conduct and unfair trade practice. Consequent upon the said conduct of the OP, the complainant had to take resort to the legal remedy by filing complaint before this forum which also caused loss of valuable time and money to her.

7.         Accordingly, we allow the complaint and direct the OP as under:-

1. To refund membership amount of Rs. 50,500/- paid by the complainant with interest @ 9% per annum from the date of payment of said amount (i.e. 07.07.2017) till actual realization.
1. To pay Rs. 10,000/- to the complainant as compensation towards mental agony, physical and financial harassment as well as cost of litigation.  
1. This order shall be implemented within 45 days from the date of order failing which further interest @ 9% per annum OP shall be liable to be paid on the amount mentioned above at Sr. No. ii for the period of default.

File be consigned to Record Room.

Copy of this order be given to the parties as per rules.

Pronounced on ______24_____ February, 2020.

 

 

(S.S. SIDHU)                                      (PUNEET LAMBA)                             (K.S. MOHI)

       MEMBER                                     MEMBER                                         PRESIDENT