Punjab

Ludhiana

CC/19/141

Ritu Tangri - Complainant(s)

Versus

M/s Country Holidays Inn & suites Pvt.Ltd - Opp.Party(s)

Chandra Kumar Jha Adv.

26 Apr 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:141 dated 12.03.2019.                                                         Date of decision: 26.04.2022. 

 

Ritu Tangri W/o. Sh. Pardeep Kumar Tangri, aged 48 years resident of House No.85, Street No.10, Phase-II, S.K.S. Nagar, Pakhowal Road, Ludhiana.                                                                                            ..…Complainant

                                                Versus

1. M/s. Country Holidays In & Suites Pvt. Ltd., Regd. Office: 2045/1, II Floor, Street No.6, Chuna Mandi, Paharganj, New Delhi-110055.

IInd Address:

M/s. Country Holidays Inn & Suites Pvt. Ltd., Corporate Office: OBS Tower, 3^rd Floor, A-Block, A-37, Sector 63, Noida-201 301 (U.P.) India.

Through its Managing Director/Director Authority Representative.

2. Mr. Vansh, Authorized Representative M/s. Country Holidays Inn & Suites Pvt. Ltd., Regd. Office: 2045/1, IInd Floor, Street No.6, Chuna Mandi, Paharganj, New Delhi-110 055.

3. Mr. Vansh, Authorized Representative M/s. Country Holidays Inn & Suites Pvt. Ltd., Regd. Office: 2045/1, IInd Floor, Street No.6, Chuna Mandi, Paharganj, New Delhi-110 055.                                                                                                                                                 …..Opposite parties 

          Complaint Under Section 12 and 14 of the Consumer                                      Protection Act.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. C.K. Jha, Advocate.

For OPs                          :         Sh. R.B. Singh, Advocate.

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                Shorn of the unnecessary details, the case of the complainant is that

She obtained membership of Studio Apartment from OP1 for a sum of Rs.1,75,000/-. As per the said membership, 2 adults and 2 children below 6 years could be adjusted in one room and if the complainant was to take an extra bed, she was required to pay Rs.500/- per day. However, after the complainant obtained the membership, the OPs failed to fulfill the promises made by them at the time of offering the membership. The complainant asked thrice for air ticket i.e. twice for Bangalore and once for Mumbai but the same was not provided by the OPs. Thereafter, the complainant planned a trip to Jaipur and Udaipur from 15 to 19 March, 2018 with family of four persons aged 52 years, 48 years, 21 years and 12 years respectively. The complainant booked two rooms in the hotel of the OPs at Hotel Park Regis at Jaipur from 15 to 17 March 2018 against complimentary stay and free voucher given at the time of membership. For Udaipur, the complainant got only one room at the resort of OPs known as The Udaibagh though she had requested for two rooms. The complainant paid a sum of Rs.8500/- as annual membership charges prior to the booking. Regarding booking at The Udaibagh, reservation department of the OPs informed the complainant that they did not have availability of two rooms and the complainant could get her two children adjusted by paying extra bed charges. The complainant agreed for the said arrangements. After reaching the Udaibagh resort, the complainant was  asked to pay for extra bed charges of rs.6000/-. The complainant contacted OP3 who advised to pay the charges of Rs.6000/-  and promised that he would get his extra charges refunded. After coming back from Udaipur, the complainant contacted OP3 for the refund of the extra charges but to no avail. This amounts to violation of terms and conditions of the membership agreement. As a result, on 22.10.2018, the complainant requested for cancellation of membership and refund of annual fees but the OPs refused to do so. This amounts to deficiency of service on the part of the OPs. In the end, it has been requested that the OPs be penalized for providing deficient services and be made to refund the amount of membership charges of Rs.1,75,000/- with interest @18% per annum. The OPs be further made to refund the amount of Rs.5667/- which was extra charged at Udaibagh along with compensation of Rs.1,00,000/-.

2.                The complaint has been resisted by the OPs. In the written statement filed on behalf of the OPs, it has been, inter alia, pleaded that the complaint is nothing but an abuse of process of law. All the allegations made in the complaint are false and incorrect. According to the OPs, the complainant was bound to pay taxes and other levies in respect of uses of vacations facilities and amenities. The membership of the complainant was of Unit Type Studio for a period of 10 years under which two adults and two children under six years were permitted and for extra bed, a sum of Rs.500/- was payable per night. The complainant enjoyed the holidays from 15.03.2018 to 17.03.2018 at Park Regis Jaipur and thereafter, from 7.03.2018 to 19.03.2018 at Udaibagh, Udaipur. The complainant further enjoyed holiday from 10.08.2018 to 11.08.2018 at ITC Fortune. According to the OPs, there has been no deficiency of service on the part of the OPs. The rest of the averments made in the complaint have been denied as wrong and in the end, a prayer for dismissal of the complaint has been made.

3.                In evidence, the complainant submitted her affidavit as Ex. CA along with documents Ex. C1 to Ex. C9 as well as Ex.C4/A and closed the evidence.

4.                On the other hand, the counsel for the OPs tendered affidavit Ex. RA of Sh. Deepak Rai, Administrative Manager of the OPs along with document Ex. R1 and closed the evidence.

5.                We have heard the arguments advanced by the counsel for the parties and have also gone though the record carefully.

6.                During the course of arguments, the counsel for the complainant has contended that as against whatever was promised, the OPs provided only one room to the complainant and her family at Udaibagh, Udaipur and they also charged a sum of Rs.6000/- from the complainant though it was promised that for every extra bed only a sum of Rs.500/- would be charged. According to the counsel for the complainant, it amounts to deficiency of service on the part of the OPs. Therefore, under the circumstance, the complainant has become entitled to cancel the membership and seek refund of membership amount as well as extra charges paid for the extra bed at Udaibagh, Udaipur.

7.                On the other hand, the counsel for the OPs has argued that as per the agreement, the OPs were supposed to provide accommodation for two adults and two minors less than age of 6 years and an extra  child would be accommodated by way of an extra bed on payment of Rs.500/- per night. The counsel for the OPs has further contended that admittedly, the complainant sought extra bed for a person more than age of 6 years. Therefore, the OPs were not bound to charge only Rs.500/-. The counsel for the OPs has further pointed out that even after availing the trip at Jaipur and Udaipur, the complainant had availed another vacation package at ITC Gurgaon. The counsel for the OPs has contended that if the complainant had any grievance, she should not have been availed the holiday package at ITC Gurgaon. 

8.                We have thoughtfully considered the above contentions raised by the counsel for the parties and gone through the record.

9.                As per the agreement Ex. C1, the complainant obtained membership of unit type Studio which made the complainant entitled for stay for a period of 6 nights and 7 days per year for the next 10 years. Agreement Ex. C1 further provides that as per the agreement, studio accommodation was to be provided to the complainant for two adults and two children under the age of 6 years and in case of child above 6 years age, extra bed could be availed for Rs.500/- per night. However, as against the terms of agreement, the complainant admittedly travelled with three adults of more than age of 21 years and one child of 12 years.  Therefore, as per the terms and conditions of the agreement, the children of such age could not be adjusted by a sum Rs.500/- per night. Therefore, it cannot be said to be a case of deficiency on the part of the OPs if a sum of Rs.6000/- was charged by the OPs for extra bed in case of stay at Udaibagh, Udaipur. It is further worthwhile to point out that after availing the factions at Jaipur and Udaipur in the month of March 2018, the complainant also availed vacations at ITC Gurgaon in the month of August 2018. In these circumstances, no case is made out for deficiency of service on the part of the OPs.

10.              As a result of the above discussion, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

11               Due to rush of work and spread of COVID-19, the case could not be decided within statutory period.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

Announced in Open Commission.

Dated:26.04.2022.

Gobind Ram.

Ritu Tangri Vs Country Holidays Inn                             CC/19/141

Present:       Sh. C.K. Jha, Advocate for the complainant. 

                   Sh. R.B. Singh, Advocate for OPs.

 

                   Arguments heard. Vide separate detailed order of today, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:26.04.2022.

Gobind Ram.