Haryana

Karnal

CC/675/2022

Jatin Chawla - Complainant(s)

Versus

M/s Courtyard Holiday Private Limited - Opp.Party(s)

Abhinav Singh

09 Nov 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 675 of 2022

                                                        Date of instt.30.11.2022

                                                        Date of Decision:09.11.2023

 

Jatin Chawla son of Shri Ved Parkash, resident of Permanent address House no.49, Wazir Chand Colony, opposite Shankar Plaza, Karnal and Corresponding Address house no.283, Narsi Part-2, Sector-33, Back to Star Associates, Karnal aged about 37 years. Aadhar no.2184-1940-3700.

                                               …….Complainant.

                                              Versus

 

1. M/s Courtyard Holidays private limited through its Managing Director having registered office at 67/3, 2^nd floor, Zamrudpur, Greater Kailash-1, N-Block, New Delhi-110048.

 

2. M/s Courtyard Holidays Private Limited through its Managing Director having corporate office at 406/252 J, 3^rd floor, Sai Plaza, Sant Nagar, East of Kailash, New Delhi-110065.

 

                                                                      …..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.

              Shri Vineet Kaushik……Member

              Dr. Suman Singh…..Member

                   

Argued by: Shri Abhinav Singh, counsel for complainant

                   OPs exparte, vide order dated 11.04.2023.

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that in the month of February, 2022, OPs through authorized sales representative approached complainant via telephone call and he informed that he is a permanent employee of company namely Courtyard Holidays Private Limited and it is based at New Delhi. He further stated that his company specializes in organizing holidays/tour packages both within India and International, and he want to discuss about their new club membership plans and its benefits with complainant. Furthermore, OPs are organizing a seminar for new club membership plans in Karnal to increase his company’s business. It will be held for two days and is exclusively inviting married couples alongwith their children (if any), who are living in Karnal for company’s promotion, offers and new club membership plans. The seminar is going to be conducted in Hotel Noor Mahal, Sector-32, Karnal. OPs authorized sale representative to inform the date of seminar i.e.23^rd February, 2022 and he also informed that all invitees, who are going to attend will be given free holiday package valid for 3 persons to Shimla, Himachal Pradesh for 2 days and 1 night and as per his request, complainant attended the said seminar alongwith his wife and son. In the seminar, a number of authorized representatives wearing uniform alongwith there I-cards of OPs were present. The sales representative namely Sagar was designated to the complainant he started giving information in detail regarding his company i.e. OPs. Mr. Sagar started explaining the different club membership plans of OPs to the complainant. During discussion, complainant was interested in one plan. As per plan, OPs were offering membership for 10 years plus 5 years extension in  which OPs will issue an enrolment card.  The complainant can avail holidays package within 10 years. There will be discount of upto 40% to 50% on food and beverages.  There will be special discount in banquet bookings through CHPL. There will be special offer for club members on eve of festivals i.e. Diwali/Christmas/New Year Celebration Event. Moreover, an international free trip to Malaysia/Singapore/Bali valid for 3 person which includes free air tickets and free hotel stay for 4 nights five days or to Dubai/Thailand valid for 4 persons which includes free air tickets and free hotel stay for 4 night/5 days and alongwith other benefits also. Thereafter, complainant asked the prices of abovesaid club membership plan and modes of payment from the authorized sales representatives of OPs i.e. Sagar and Morvin. In return to this, complainant was offered Rs.1,65,000/- for abovesaid club membership plan and payment modes would be credit card/cash/cheque and then representative Sagar said that if complainant makes the payment through credit card and get it converted into EMIs then OPs have offered for complainant i.e. all the interest levied by the credit card company would be borne by the OPs and same amount would be credited to complainant’s account Complainant linked the above offer of OPs authorized sales representative Sagar and Sales Manager Morvin. Complainant paid the amount of Rs.1,65,000/- to the OP through his personal HDFC credit card and certificate of loyalty card bearing enrolment no.CM/10/2021/1605 was provided to the complainant. Thereafter, complainant received an email regarding the payment confirmation, package offer and welcoming mail from club Meridian and further a printed agreement would be sent by courier at complainant’s address.

2.             It is further averred that complainant contacted OPs regarding booking of free holiday package to Shimla, Himachal Pradesh for complainant’s family. OP official confirmed the booking at hotel (hotel name will be provided lateron) in Shimla and said complainant will be soon receiving the confirmation of hotel booking and all details through email. As per the plan, complainant with his wife and son left from Karnal for his holiday trip and reached Shimla (till then complainant did not receive any email regarding hotel booking confirmation), so complainant contacted the customer care regarding the booking details of the hotel but complainant got a shock when he came to know that no booking was done in any hotel by the OP in Shimla. After one hour, OP official called complainant that hotel East Bourne has been booked for complainant and his family, he can stay there. Complainant went there and next day he came back to his home. The whole experience of holiday package was pathetic for complainant and his family. On 01.04.2022 at 5.06 p.m. complainant mailed to OPs regarding adjustment of interest as per promise. On 02.04.2022, an email was received by the complainant in which OPs said that they have forwarded complainant mail to the accounts department and the EMI interest amount against the package will be bear by the OPs but till today no  interest amount has been credited to complainant’s account. In the month of June, 2022, complainant again contacted the customer care of OPs for his booking of free International Holiday package to Thiland/Bali/Singapore as earlier promised for in the month of July/August/September/October/November,2022 for his family vacation.  But till today neither the International Holiday package booking has been confirmed nor the printed agreement copy has been received and moreover there is no response to earlier sent email regarding reimbursement of interest. Complainant has again and again contacted the OPs customer care for redressal of his grievances but till today no resolution has been done. OPs with the help of authorized sales team has willfully breached the all said promise that was earlier done to complainant. It clearly shows that OPs alongwith other authorized representatives intentionally committed fraud, cheated and grabbed money by wrongful means from complainant. Then complainant sent a legal notice dated 21.09.2022 to the OPs but it also did not yield any result.

3.             It is further averred that complainant received number of calls from OPs for complete settlement of his matter and they again offered an increased amount of Rs.65,000/- to the complainant for complete settlement but complainant refused the offer and he demanded refund of whole amount i.e. Rs.1,65,000/- and also demanded the interest levied by credit card company that was paid to OP by the complainant. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

4.             On notice, OPs did not appear despite service and opted to be proceeded against exparte, vide order dated 11.04.2023 of the Commission.

5.             Learned counsel for the complainant has tendered into evidence his affidavit Ex.CW1/A, copy of approval form Ex.C1, copy of certificate of loyalty card Ex.C2, copy of acknowledgment and payment confirmation Ex.C3, copy of package offer Ex.C4, copy of welcome mail from Club Meridian Ex.C5, copy of Re-welcome mail from Club Meridian Ex.C6, copy of Re-Phuket Tour Ex.C7, copy of legal notice and its postal receipts Ex.C8 to Ex.C10, copy of re-Phuket Tour dated 24.09.2022 Ex.C11, copy of re-Phuket Tour dated 15.11.2022 Ex.C12, copy of payment receipt of Phuket Tour Ex.C13 and closed the evidence on 22.08.2023 by suffering separate statement.

6.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

7.             Learned counsel for complainant, while reiterating the contents of complaint, has vehemently argued that on 23.02.2022, OPs held a seminar in Hotel Noor Mahal, Sector-32, Karnal Complainant attended the said seminar alongwith his wife and son. OPs were offering membership for 10 years plus 5 years extension. On the allurement of the representative of OPs, the complainant availed the said package. Complainant was offered Rs.1,65,000/- for abovesaid club membership plan. Complainant paid the amount of Rs.1,65,000/- to the OPs through his personal HDFC credit card and certificate of loyalty card was provided to the complainant. Complainant contacted OPs regarding booking of free holiday package to Shimla, Himachal Pradesh for complainant’s family. OP official confirmed the booking at hotel in Shimla but when complainant and his family reached Shimla they came to know that no booking was done in any hotel by the OPs in Shimla. The whole experience of holiday package was pathetic for complainant and his family. On 01.04.2022 complainant mailed to OPs regarding adjustment of interest as per promise but till today nor any interest amount has been credited to complainant’s account. In the month of June, 2022, complainant again contacted the customer care of OPs for his booking of free International Holiday package to Thiland/Bali/Singapore as earlier promised for in the month of July/August/September/October/November,2022 for his family vacation.  But till today neither the International Holiday package booking has been confirmed nor the printed agreement copy has been received and moreover there is no response to earlier sent email regarding reimbursement of interest. It clearly shows that OPs alongwith other authorized representatives intentionally committed fraud, cheated and grabbed money by wrongful means from complainant.

8.             To prove his version, complainant has placed on file, copy of approval form Ex.C1, copy of certificate of loyalty card Ex.C2, copy of acknowledgment and payment confirmation Ex.C3, copy of package offer Ex.C4, copy of welcome mail from Club Meridian Ex.C5, copy of Re-welcome mail from Club Meridian Ex.C6, copy of Re-Phuket Tour Ex.C7, copy of legal notice and its postal receipts Ex.C8 to Ex.C10, copy of re-Phuket Tour dated 24.09.2022 Ex.C11, copy of re-Phuket Tour dated 15.11.2022 Ex.C12 and copy of payment receipt of Phuket Tour Ex.C13. It is evident from all the documents, complainant has paid Rs.1,65,000/- to the OPs for membership of Club Meriden and in this regard OPs issued the loyalty card Ex.C2, copy of package offer Ex.C4, copy of welcome mail from Club Meridian Ex.C5, copy of Re-welcome mail from Club Meridian Ex.C6, copy of Re-Phuket Tour Ex.C7, copy of re-Phuket Tour dated 24.09.2022 Ex.C11, copy of re-Phuket Tour dated 15.11.2022 Ex.C12 and copy of payment receipt of Phuket Tour Ex.C13. OPs have not provided Holiday Package despite repeated requests of complainant. To rebut the evidence produced by the complainant, OPs did not appear and opted to be proceeded against exparte. Hence, the evidence produced by the complainant goes unchallenged and unrebutted and there is no reason to disbelieve the same. Hence, the act of the OPs amounts to deficiency in service and unfair trade practice.  

9.             Complainant does not want to continue with the membership of Club Meriden and he wants refund of the amount Rs.1,65,000/- from the OPs with interest, interest levied by the credit card company alongwith compensation for mental pain and agony and litigation expenses.

10.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to refund the amount of Rs.1,65,000/- (Rs.one lakh sixty five thousand only) to the complainant with interest @ 9% per annum from the date of deposition till its realization. We further direct the OPs to pay Rs.25,000/- to the complainant on account of mental agony and harassment suffered by him and Rs.11,000/-for the litigation expense. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated: 09.11.2023.               

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Suman Singh)

                     Member                        Member