STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
U.T., CHANDIGARH
Appeal No. | | 102 of 2019 |
Date of Institution | | 27.05.2018 |
Date of Decision | | 29.05.2019 |
M/s Genial Holiday Club Pvt. Ltd. through its Director Sukdeep Singh having its registered office at SCO 118-119, Ist Floor, Sector 8-C, Madhya Marg, Chandigarh.
……Appellant
V e r s u s
Mrs.Nidhi Bhatara, wife of Sh.Manish Bhatara, Indian Habitant, Residing at Flat No.1523, PUSHPAC Complex, Sector 49-B, Chandigarh. ….Respondent
Appeal under Section 15 of the Consumer Protection Act, 1986 against order dated 16.04.2019 passed by District Consumer Disputes Redressal Forum-II, U.T. Chandigarh in Consumer Complaint No. 91/2019.
BEFORE: JUSTICE JASBIR SINGH (RETD.), PRESIDENT.
MRS. PADMA PANDEY, MEMBER
MR.RAJESH K.ARYA,MEMBER
Argued by: Mr.Gaurav Aggarwal, Advocate for the appellant.
.
PER JUSTICE JASBIR SINGH (RETD.), PRESIDENT
Appellant/Opposite Party has filed this appeal against order dated 16.04.2019 passed by the District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (in short the Forum only), allowing a complaint filed by the respondent/complainant.
2.. Before the Forum, it was case of the complainant that allured by fancy assurances given by officials of the appellant, she accepted an introductory package of the appellant of ‘Studio type Apartment Blue Membership’. As per the package, two adults and two kids were entitled to five weeks of stay in any of the resorts of the appellant in 4/5 star rating hotel/resort alongwith complimentary breakfast. Meals were also to be offered at discounted price. The package was valid for next 5 years i.e. upto January,2023. It was further stated that the appellant had also promised stay of one week in any hotel in any country of the world within the said period. Gift vouchers for 3 nights/4 days accommodation were also offered. There was a provision to carry forward the balance period accommodation of 5 weeks to next two years. The complainant paid total amount of Rs.67500/- to the appellant towards membership fee. When husband of the complainant contacted the officers of the appellant on 12.10.2018 for booking of their stay between 26.12.2018 to 31.12.2018, it gave three options, however, with great persuasion, hotel was booked at Bhubaneshwar for 4 nights stay instead of 5 nights, as requested. The complainant was asked to pay AMC of Rs.7100/- alongwith breakfast charges and extra bedding charges. When the complainant inquired about the hotel in which stay was to be provided, it was found that it was 2/3 star ratings and not 4-5 star ratings, as promised. Thereafter, there was continued correspondence between the parties. Even the complainant visited the office of appellant, however, it failed to satisfy her grievance. Fed up with the behavior of officials of the OP, refund of the amount paid was sought, however, vide email dated 1.11.2019 she was informed that fee amount was not refundable. On enquiry, it transpired that no hotel/resort is owned by the appellant. Alleging deficiency in providing service, a consumer complaint was filed before the Forum.
3. After registration of the complaint, notice was sent to the appellant/OP. Notice was received back with the report of refusal. Treating it as a valid service, ex parte proceedings were taken against the appellant.
4. In the grounds of appeal, no explanation has been given as to why the appellant failed to put in appearance when notice was sent to it. Appeal filed is within time. Copy of the order was also sent to the appellant at the same address at which notice was sent. Copy of the order was received at the said address. The above fact clearly shows that non-appearance of the appellant/OP was deliberate. In a way, there is no defence on record projected by the appellant/OP to defend its case.
5. The Forum, on analysis of evidence on record, arguments addressed by Counsel for respondent/complainant, allowed the complaint in the following manner ;
- To refund an amount of Rs.67,500/- to the complainant;
- To pay an amount of Rs.10,000/- as compensation for causing mental & physical harassment to the complainant on account of deficient act coupled with unfair trade practice on the part of OPs;
- To pay an amount of Rs.5000/- towards litigation expenses;
The awarded amount was ordered to be paid in a time bound manner, failing which, it was to entail penal consequences.
6. When passing the order, the Forum observed that all the pleas taken by the complainant are corroborated by evidence on record. Further all the averments made were also supported by affidavit of the complainant. It was rightly held that there was deficiency in providing service and accordingly above order was passed. When passing the above order, the Forum observed as under;
“The whole evidence placed on record by the complainant corroborates the assertions set out in the present complaint. AnnexuersC-1 & C-2 (payment receipts) are evidence of the fact that the complainant had paid an amount of Rs.25,000/- on 4.2.2018 and Rs.42,500/- on 14.2.2018 to the Opposite Party. AnnexureC-10 is the Membership Certificate issued by OP Club in favour of the complainant. Annexure C-12 is the Destinations List provided by Opposite Party for booking. The email correspondences placed on record reveals that when for the 1st time the complainant opted to avail their services under the membership contract found that all the representations made at the time of availing the membership in question turned out to be fake. The email correspondences so referred also reveals that the complainant before filing the present complaint duly challenged their misrepresentation and opted for the cancellation of the membership. Also the complainant put in earnest efforts to get the refund of her hard earned money paid as membership fee. Despite the request made by the complainant and her husband, no initiative was taken up by the Opposite Party to refund the amount in dispute even though no services have been availed by her from the Opposite Party. It is opined that the gullible consumers have been trapped by them by making lucrative offers made with an intention not to fulfill the same.
7. It was noted that the complainant had paid an amount of Rs.67500/- to get club membership from the appellant. When she was not provided accommodation of her liking in a hotel having 4/5 star ratings, she took up the matter with the appellant, whose officers failed to redress her grievance. Noting as above, refund was ordered.
8. Before us, it was vehemently contended that membership certificate was issued alongwith list of destinations where accommodation was to be provided by the appellant. Be that as it may, on asking, it was specifically admitted that name of the hotels/resorts in which accommodation was to be provided was not given in the said document. This amounts to adopting of unfair trade practice. A consumer is supposed to know the exact particulars of the hotel/resort where he will be put at a given destinations. By not doing so, unfair trade practice was adopted by the appellant to attract gullible customers.
9. In view of the above, we are of the opinion that the order passed by the Forum is quite justified and no case is made out to interfere in the order, under challenge. Accordingly the appeal, being devoid of merit, must fail, and the same is dismissed, at the preliminary stage, with no order as to costs. The order of the District Forum is upheld.
10 . Certified copies of this order, be sent to the parties, free of charge.
11. The file be consigned to Record Room, after completion.
