DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.26/2018
Shri Sachin Gupta
S/o Shri Surender Gupta
R/o Flat No.4 Shivalik Apartment
Patparganj, Delhi-110092. .…Complainant
VERSUS
M/s A4 A Hospitality Services Pvt. Ltd.
Through its Director/Auth/Sign/
Building No.27, 1st Floor, Hauz Khas Village
Hauz Khas, New Delhi-110016.
Mr. Ashwani Dhawan (Director)
Mrs. Anuradha Prasad Dawan (Director)
R/o House No.30, Hauz Khas Village
New Delhi-110016. ….Opposite Parties
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Date of Institution:31.01.2018
Date of Order :04.11.2022
Member: Shri U.K.Tyagi
Complainant has made request for passing an award for directing M/s A4A Hospitality Services Pvt. Ltd., Mr. Ashwini Dhawan – Director and Mrs. Anuradha Prasad Dhawan – Director of the Company (hereinafter referred to as OP-1, 2 & 3 respectively) (i) to return the membership amount of Rs.9,999/- with interest; (ii) to pay Rs,10,00,000/- (Rupees Ten Lakhs) for causing harassment, mental torture etc; (iii) to pay Rs.50,000/- as litigation charges in favour of the complainant etc.
Brief facts of the complaint are as under:-
The complainant took the membership No.9110293090of the Hotel Claridges, New Delhi after making the payment of Rs.9999/- through credit card of the complainant and the representative of OP-1 assured that the complainant shall be entitled to avail the facilities of Hotel Claridges at his own accord. The photocopy of the list of benefits as assured by OP-1 is enclosed with the complaint. In Oct. 2016, the complainant requested representative of OP-1 to book the room in the property of Hotel Claridges for 26.11.2016 for the occasion of his Wedding Anniversary. The said representative of OP-1 declined the request stating that the room in Claridges Hotel cannot be booked prior one month. Again the complainant contacted the representative of OP-1 in Nov. 2016 and made request for booking for 26.11.2016 in Claridges Hotel. The representative of OP-1 give the Mobile No. of another representative of OP-1. On its contact, the representative of OP-1 told the complainant that no room is available for the above-mentioned date in Claridges Hotel. The another representative of OP-1 started inducing the complainant to have membership of other Hotels. The complainant made another abortive attempt to book the room in Dec. 2016 for another occasion.
The complainant tried to book the room for 19.02.2017 on the occasion of birthday of his daughter but the representative of OP-1 did not pick up phone. At this, the complainant sent message on mobile of Manager of OP-1. Manager of OP-1 again gave the Mobile No. of Executive in OP-1 Company. The said executive again failed to book the room on the same excuse that rooms are not available in Claridges Hotel. The complainant gave message to manager and in turn, he gave the mobile of another Executive of said OP company. The representative of OP-1 sought the details and informed the complainant on 08.02.2017 that some date of end March 2017 and some date of April 2017 are available. Considering the expiry date of membership card the complainant agreed to take any date in April. The representative of OP-1 told that the same shall be confirmed within one or two days. After having waited for 4 days, the complainant sent message for taking legal action against them on 13.02.2017. The photocopy of the message is enclosed herewith. On the same day, another representative of OP-1 contacted him and sought detail of credit card of the complainant so that booking can be confirmed. The complainant requested the OP-1 to provide detail of Claridges Hotel so that he could make the payment directly. The OP failed to do so. On 14.02.2017, the complainant made booking for 19.02.2017 for his daughter’s birthday through another portal by the said OP company. It reflects that there was room available. He said that booking was cancelled by him after two/three minutes. The complainant requested the OP-1 to cancel the membership and to refund his amount. The photocopy of the booking confirmation is attached herewith. The complainant also got served upon legal notices to all OPs on 18.02.2017 and the complainant got the evasive reply also. It was told by the OPs that the reply dated 16.03.2017 along with cheque bearing No.001504 dated 06.03.2017 had been sent but no reply of said date was received to the complainant. It was also stated that earlier the complaint was filed in East District but withdrawn on technical grounds on 29.09.2017.
OPs on the other hand, filed its written statement interalia raising some preliminary objections. The OPs asserted that since the complainant had been refunded the said amount for membership, hence, the complaint had become infructuous. The member certificate clearly provides that it was subject to room availability as limited rooms are available at a discounted price and also blackout periods may apply during peak season. Such reservations require advance reservation. OPs further maintained that on 08.02.2017, the complainant contacted Sales Executives of OP Company seeking reservation for 15.04.2017 for himself and his two children. Sale Executive intimated him that room reservation in a Hotel can only be done at club office of OP-1 not through sales executives. His request for 15.4.2014 was forwarded to Claridges Hotel and sought credit card details. The complainant refused to give above details and insisted on making payment directly. OP’s representative made available bank detail of Clardiges Hotel on 13.02.2017. On 14.02.2017, the complainant raised an issue of complimentary accommodation for his children. The complementary accommodation is subject to Hotel policy which was sent to him on 13.02.2017.
The OPs contended that while issuing the membership to the complainant, it was explicitly mentioned that the benefits of membership plan are subject to certain terms and conditions which must be referred prior to redemption of membership certificate. It was reiterated by the OPs that the reply dated 16.03.2017 alongwith cheque bearing No.001504 dated 16.03.2017, drawn on HDFC Bank for Rs.9,999/-S-4, Green Park Extension, New Delhi in favour of complainant was sent at address of Legal Counsel of the complainant. Further it is stated that complainant is not entitled for any relief.
Both the parties have filed evidence in affidavit. Written statement is on record so is rejoinder. The complainant filed written submission. It is noticed that the OPs were given last opportunity to file written submission for 27.02.2020 but since there was no appearance on behalf of Ops. Again on 13.01.2022, one more opportunity was provided to file written submissions by 20.07.2022. No one was present on said date on behalf of Ops, hence, it was considered appropriate to reserve for orders as it being old case.
This Commission has gone into the entire gamut of issues. It was noticed that the complainant tried to book room at the Claridges Hotel. But at every occasion he was not offered the reservation. The OPs have maintained in its reply and evidence in affidavit that:-
- The membership certificate was subject to availability for rooms in the particular Hotel.
- The Booking of the room in the said Hotel had to be done through club office.
- The booking had to be intimated in advance.
It would be seen from the averments of the complainant that he had requested for the booking of room at Hotel Clradiges in Nov. 2016 for the occasion of wedding anniversary. First the Manager of the OP company gave the mobile number of executive for further transaction. He was told that booking of room can be entertained one month prior to the reservation date. Then again he contacted for complying the above dicta, his request was declined. The OPs have not mentioned about the said reservation in his written statement or elsewhere. The Ops also contended that reservation of the rooms had to be through club office of the OP Company. When the complainant had contacted Manager/Sales Executive of OP Company, he was not told to refer to the club-office. It could be established from whats APP Message enclosed by the complainant.
The attention of this Commission was drawn to the cheque No.001504 dated 06.03.2017 drawn on HDFC Bank for Rs.9,999/- which was allegedly sent by OPs to the complainant but no detail as an evidence was adduced/enclosed with WS with evidence in-affidavit. Then OPs did not bother to enclose the copy of Bank statement indicating that the said amount had been enchased by the complainant. Here it is the obligation of the Ops to produce such substantive proof. It was also noticed that the membership fees for one Hotel i.e. Claridges Hotel was only 9,999/- whereas the complainant had asked for compensation of Rs. Ten Lacs. This Commission feels that the compensation should be on doctrine of proportionately with reference to damages suffered by the complainant.
In nutshell, after considering the facts and circumstances in the case and narrations mentioned above, this Commission is of the considered opinion that the OPs are deficient in service and negligent, accordingly directs OPs to refund the amount of Rs.9,999/- if not done earlier, alongwith interest @ 7% per annum from the date of institution of the complaint; Rs.10,000/- as compensation towards mental harassment agony etc. and Rs.5,000/- as litigation charges within 3 months from the receipt of this order failing which interest shall be levied at 7% till its realization.
File be consigned to the record room and orders be uploaded on the website.
