Chandigarh

DF-I

CC/312/2024

JATINDER KUMAR - Complainant(s)

Versus

M/s CLUB RESORT HOSPITALITY LTD - Opp.Party(s)

DEEPAK AGGARWAL

02 Dec 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/312/2024
Date of Institution	:	1/7/2024
Date of Decision	:	2/12/2024

 

Jatinder Kumar S/O Ashok Gupta, House No.29, First Floor, Sector 5 A, Chandigarh 160015.

...Complainant

Versus

 

M/s Club Resort Hospitality Ltd. Building No. 24, Level 3, Okhla Phase- III, Okhla Industrial Estate, New Delhi-110020, through its Director.

...Opposite Party

 

 

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                               

ARGUED BY	:	Sh. Ajay Singh Parmar, Advocate proxy for Sh. Deepak Aggarwal, Advocate for complainant
	:	OPs ex-parate.

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OP). The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that on the various assurances and projections made by the Opposite party, the complainant booked vacation package with Opposite party by paying Rs.55,000/-  with membership details as follows:-
   •  

Eligible Nights Per year- 4N/5D | CHMP-5years

Room Occupancy - 2 Adults & 2 Children Below 8 years

Package Cost- Rs.55,000/- | AMF-8,000/- per year

Exchange Fee- As Applicable

Amount Paid

Amount paid	Mode of payment	Instruction No.
Rs.55,000/-	Card EDC	Card No. ending with 9406

Special Offer (S)*

2n stay in India for a Couple.

Blackout days- 20th Dec to 10th Jan.”

 

After making the payment when the complainant did not receive any confirmation email qua membership including voucher as promised by Opposite party the complainant sought refund of the entire deposited amount after cancellation of the membership  Vide email dated 29.1.2020 Annexure C-3. On the same day the Opposite party had sent an email to the complainant Annexure C-4 and committed that the request has been sent to the concerned team and the Opposite party will revert within 5 working days. After few days instead of sending hard copy of membership kit  and resorts’ list as committed earlier, the Opposite party sent the same through email Annexure C-5 by way of attachments. On 4.2.2020 during the month of March 2020 to May 2022  the Opposite party did not respond to the calls of the complainant due to Covid-19 pandemic but committed that the holiday  for the year 2020-2021  will be carry forwarded to subsequent years.  On the assurance of Opposite party the complainant requested the Opposite party  to book holidays package between 24.6.2023 to 2.7.2023 for 5 nights for  any of the locations of Shri Nagar, Jim Corbett, ooty. However, instead of making booking any of the aforesaid location, the Opposite party suggested to curtail his trip for 4 nights and 5 days as he is entitled for the same by sending email Annexure C-6 to the complainant. Thereafter the complainant again made requests to the Opposite party for refund of the amount vide email dated 18.6.2024 Annexure C-7  but with no result.  In this manner, the aforesaid act amounts to deficiency in service and unfair trade practice on the part of OP. OP was requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.

2. OP  was properly served and when OP did not turn up before this Commission, despite proper service, they were proceeded against ex-parte on 13.8.2024.

2. In order to prove their respective claims the complainant have tendered/proved their evidence by way of respective affidavits and supporting documents.
3. We have heard the learned counsel for the complainant and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the complainant that  he obtained the membership of the Opposite party on payment of Rs.55,000/- on 26.1.2020 and within 3 days the complainant made request vide email Annexure C-4  for cancelation of the membership and refund of the entire deposited amount on finding that there is no positive response  from the Opposite party and the Opposite party vide email Annexure C-5 assured the complainant that they will revert within 3-5 days and also that the Opposite Party has not provided the services as promised despite of request of the  complainant from 24.6.2023 to 2.7.2023  and again the complainant has requested the Opposite party for cancellation of the membership and refund of the entire paid amount vide email Annexure C-7, the case is reduced to a narrow compass as it is to be determined if the aforesaid act of the Opposite party amounts to deficiency in service and the complainant is entitled for the relief as prayed for as is the case of the complainant.
   2. Perusal of Annexure C-2 membership details given to the complainant by the Opposite party clearly indicates that the Opposite party had made tall claims for providing the services to the member in different  hotels at different locations as per their request.  Annexure C-3  is the email sent by the Opposite party on 4.2.2020, which  indicates that the membership certificate  was issued to the complainant. Annexure C-4  is the email sent by the complainant on 29.1.2020 to the Opposite party with the request to cancel his membership and refund the entire paid amount..
   3. Thus one thing is clear from the  afore-discussed documentary evidence adduced by the complainant that the Opposite party did not respond to the request of the complainant for about 14 days  about the confirmation of the membership of the complainant and also about the voucher as assured by  the Opposite party to be provided to the complainant as a result of which the complainant was compelled to send request to the Opposite party for cancellation of membership and refund within 3 days of the payment, which was made on 26.1.2020.
   4. Moreover, when it has come on record that the Opposite party had not rendered any services to the complainant with regard to the booking of hotels w.e.f. 24.6.2023 to 2.7.2023 on his request for vacations despite receiving huge amount from him, it is safe to hold that  there is deficiency in service and unfair trade practice on its part, especially when the entire case set up by the complainant in the consumer complaint as well as the evidence available on record is unrebutted by the OP. Hence, the instant consumer complaint deserves to be allowed.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and Opposite party is directed as under :-
   1. to refund ₹55,000/- to the complainant alongwith interest @ 9% per annum (simple) from the date of  deposit till onwards
   2. to pay ₹10,000/- to the complainant as compensation for causing mental agony and harassment;
   3. to pay ₹10,000/- to the complainant as costs of litigation.

 

5. This order be complied with by the OP within a period of 45 days from the date of receipt of certified copy thereof, failing which the amount(s) mentioned at Sr.No.(i) & (ii) above shall carry penal interest @ 12% per annum (simple) from the date of expiry of said period of 45 days, instead of 9% [mentioned at Sr.No.(i)], till realisation, over and above payment of ligation expenses.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 2/12/2024			[Pawanjit Singh] President
mp
			[Surjeet Kaur] Member
			[Suresh Kumar Sardana] Member