Chandigarh

DF-II

CC/74/2020

Miury Bhatia - Complainant(s)

Versus

M/s Country Club Hospitality & Holidays Ltd., - Opp.Party(s)

Adv.Devinder Kumar

12 Oct 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	74/2020
Date of Institution	:	29.01.2020
Date of Decision	:	12.10.2020

 

                                       

                       

Miury Bhatia wife of Dr. Mukesh Bhatia, aged 49 years, r/o HM-358, Phase 9, District: Mohali.

...Complainant

Versus

1.     M/s Country Club, Hospitality & Holidays Limited, SCO 44-45, Sector 9-D, Madhya Marg, Chandigarh through its Branch Manager.

2.     M/s Country Club, Hospitality & Holidays Limited, SCO No. 9, Sector 26, Madhya Marg, Chandigarh through its Branch Manager.

3.     M/s Country Club, Hospitality & Holidays Limited, Regd. Office: Amrutha Castle, 5-9-16, Saifabad Opp. Secretariat, Hyderabad- 500 063 through its Managing Director.

4.     M/s Country Club, Hospitality & Holidays Limited, Department of AMC, CK-27, N-14, G.B. Nagar, Sector 18, Near HSBC Bank, Noida, Utter Pardesh -201301 through its Assistant General Manager, AMC.

…. Opposite Parties

BEFORE:
		SHRI RAJAN DEWAN,	PRESIDENT
		SMT.PRITI MALHOTRA,	MEMBER
		SHRI B.M.SHARMA	MEMBER
Argued by:-
	Sh.Devinder Singh, Adv. for the complainant.
	None for the OPs.

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the facts of case as alleged by the complainant are that in the first meeting on 18.05.2018, the OPs lured her for availing the membership by stating that she will be entitled for regular/periodical vacations at various places, managed by them. Opposite Party No. I further lured the complainant by stating that they are having seven star resorts to stay in India as well as all over the world. The representative of the OPs asked her to submit the membership fee and documents. It has further been averred that the representative of the OPs have further explained the offers on the paper i.e. they will arrange the holidays stay in seven star resorts & she has to pay first Rs. 70,000/- as membership for 5 years and in case she does not want to continue with the same, then on her request, the OPs will refund the amount without any deductions within 10 days. Allured by the assurances of the OPs, she agreed to avail their services as she along with her family had already booked Air Tickets to Goa for 07.06.2018 and paid a sum of Rs. 70,000/- to the OPs against receipt (Annexure C-2). She was also issued vouchers (Annexures C-3 & C-4).  Since the complainant had already decided to visit Goa on 07.06.2018, therefore, she asked the OPs to book a resort for her and her family members but inspite of repeated visits/telephonically calls, she did not get any response/booking. It has further been averred that when she did not get any response from the OPs then she searched herself for the resort and find that the resorts of OPs were not upto the mark as assured. Ultimately vide email dated 26.05.2018, she requested the OPs to cancel the membership and refund Rs.70,000/- which was acknowledged by them vide email dated 28.05.2018.  On her repeated requests, the OPs vide email dated 19.12.2018  informed that "your refund is approved and it will be processed in 3 months time" (Annexure C-8). Subsequently she sent emails dated 29.03.2019 & 25.06.2019 to the OPs with a request to refund the amount. In response to the said emails, OP vide email dated 25.06.2019 informed that '"your refund was approved but due to some issues it has been delayed. Will try get your refund chq processed on priority".  It has further been alleged that till date she has not availed any services of the OPs, still just to harass her, the OPs again and again directed her to deposit the Annual Maintenance Charges.  It has further been averred that the OPs have not refunded the membership fee despite her repeated requests. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.   
2.         In their written statement, the OPs while admitting the factual matrix of the case has pleaded that vide e-mail dated 26.05.2018, the complainant asked for refund of the membership fees of Rs.70,000/- paid by her which was duly acknowledged vide e-mail dated 28.05.2018.  It has further been pleaded that OPs sent e-mail dated 19.12.2018 stating therein that the refund was approved and amount of Rs.66,000/- after deducting Rs.3,400/- as administration charges was to be refunded within three months upto 19.03.2019. It has further been pleaded that vide e-mail dated 25.06.2019, the OPs informed the complainant that the refund was approved but due to some issues, it was delayed and they will try and get the refund cheque processed on priority.  It has further been pleaded that the OPs were in the process of changing their bank account from which the cheque of refund was to be issued and therefore, requested the complainant to provide KYC documents but she failed to submit the same as a result of which the refund could not be processed.  It has further been pleaded that after filing of the present complaint, the entire principal amount without any deduction was refunded to the complainant but she is not withdrawing the case and now claiming exaggerated compensation. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on their part, a prayer for dismissal of the complaint has been made.
3.         We have heard the Counsel for the complainant and have gone through the documents on record.
4.         During the course of arguments, the Counsel for the complainant has stated that the OPs had refunded the membership fee after a long period during the pendency of the complaint and now she restricts her claim only to the interest, compensation for mental agony and physical harassment and litigation expenses.
5.         No doubt, the grievance of the complainant regarding the refund of the membership has been redressed by the OPs. However, it is apt to mention here that the complainant made the request for cancellation of the membership within the stipulated period and the said request was duly acknowledged by the OPs as is evident from the e-mail dated 19.12.2018 (Annexure C-8).  Besides this, before filing the instant complaint, the complainant exchanged number of e-mails with the OPs but despite this they did not take any pain to resolve the issue and rather forced her to invoke the door of this Commission.  Had the OPs redressed the short grievance of the complainant within a reasonable period of one or two months from the date of receipt of the cancellation request of the membership then the position certainly would have been different but they did not do so for the reasons best known to them and rather they compelled the complainant to approach this Commission.  The OPs have refunded the membership fee to the complainant in month of September, 2020 i.e. more than two years from the date of its receipt and that too after the institution of the present complaint. In order to justify the delay, the OPs took a flimsy ground of non-supply of KYC documents by the complainant in their written version.  The OPs have deprived the complainant of her hard earned money without any default on her part and rather they themselves enjoyed the fruits of the said amount for such a long period and as such the complainant is liable to be compensated on account of the physical harassment and mental agony. The aforesaid acts on the part of the OPs not only amount to deficiency in service but also indulgence into unfair trade practice.
6.         Keeping in view overall facts and circumstances of the case, we are of the considered view that the ends of justice would be met if the complainant is awarded a sum of Rs.15,000/- on account of interest, compensation for mental agony and physical harassment and Rs.10,000/- as litigation expenses.
7.         In view of the foregoing discussion, the complaint is allowed with a direction to the OPs to pay Rs.15,000/- on account of interest, compensation for mental agony and physical harassment and Rs.10,000/- as litigation expenses  to the complainant within 30  days from the date of receipt of its copy failing which they shall be liable to pay interest @9% per annum on the awarded amounts from the date of this order till it is paid.
8.           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

 

Announced 12.10.2020	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER