Haryana

Panchkula

CC/155/2021

MS.SARITA BEHL. - Complainant(s)

Versus

M/S COURTYARD HOLIDAYS WORLD PVT.LTD. - Opp.Party(s)

IN PERSON

21 Feb 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

                                                       

Consumer Complaint No	:	155 of 2021
Date of Institution	:	25.02.2021
Date of Decision	:	21.02.2022

 

 

Ms.Sarita Behl, resident of Flat No.304/3, GH-15A, Sector-20, Panchkula(Haryana)-134116.

                                                                           ….Complainant

Versus

1.     M/s Courtyard Holidays World Private Limited, Building No.212, Second Floor, Okhla Industrial Estate, Phase-3, New Delhi-     110020 through its authorized signatory.

2.     Yash Malhotra, Executive M/s Courtyard, Holidays World Private         Limited, Building No.212, Second Floor, Okhla Industrial Estate,     Phase-3, New Delhi-110020.

3.     Manoj Gupta, Executive M/s Courtyard Holidays World Private    Limited, Buidling No.212, Second Floor, Okhla Industrial Estate,         Phase-3, New Delhi-110020.

4.     Mohit, Executive, Executive M/s Courtyard Holidays World         Private       Limited, Building No.212, Second Floor, Okhla Industrial Estate,     Phase-3, New Delhi-110020.

….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019.

 

Before:              Sh. Satpal, President.

Dr. Pawan Kumar Saini, Member.

Dr. Sushma Garg, Member.

 

For the Parties:   Complainant in person with Sh.Ashok Kumar, Advocate.

Ops No.1 to 4 proceeded already ex-parte vide order dated 10.11.2021.

ORDER

(Dr.Pawan Kumar Saini, Member)

1.             The brief facts of the present complaint are that the OP No.2 contacted the complainant on her mobile phone and invited the complainant and her husband to collect their 2+1 exciting gift vouchers at Hotel Bella Vista, City Centre, Sector-5, Panchkula on behalf of the OP No.1. The complainant and her husband showed their inability as they were old aged persons but the OPs No.2 to 4 made numerous calls, messages and persistent follow up from the OPs No.2 to 4, the complainant and her husband agreed to visit the venue on 12.08.2020 to collect their Free Gift Vouchers, but the OPs No.2 to 4 instead of providing the free gift vouchers engaged the complainant and her husband in discussing their plans and offers to travel across India or Overseas. The OP No.3 & 4 induced and misled the complainant to buy the plan and pushed them to pay them the amount of Rs.60,000/-. After the purchase, the complainant’s was in extreme disappointment as the OPs did not even provide necessary documentation and acknowledgments resulting in huge inconvenience. Thereafter, for various personal reasons and non-acknowledgment of offers/obligations by the OPs, the complainant placed a request for cancellation and consequent refund of the amount paid by her but the Ops did not even provide a response for the request placed by the complainant and on persistent demands they provided the correct email Id. Even after promising to refund the purchase amount to them, the Ops did not provide the same. After that, the complainant made several requests via e-mails, messages & phone calls to refund her amount but all in vain. Denying refund and making the complainant wait for so many months, she filed a complaint with National Consumer Helpline vide Reference No.2276681 dated 26.09.2020. Notice to the OPs were issued by the National Consumer Helpline but no response was given by the OPs and ultimately the said complaint was disposed off with the remark “The Grievance was forwarded to the company by NCH” but no response has been received. The complainant got served upon the OPs with a legal notice dated 28.12.2020. In response to the legal notice, the OP No.1 had issued cheque no.000031 dated 06.01.2020 of IDFC First Bank in favour of the complainant but the cheque would not be honoured on its presentation as it carrying date older than a year approx. The complainant again sent a reminder to the OP No.1 and requested to refund and accordingly, the OP No.1 sent a cheque bearing no.000032 dated 06.01.2021 of IDFC First Bank in favour of the complainant. Due to the acts and conduct of the OPs, the complainant has suffered a great mental agony, harassment and financial loss; hence the present complaint.

2.             Notices were issued to the OPs No.1 to 4 through registered post (vide registered post No.RH507494732IN to OP No.1, registered post No.RH507494848IN to the OP No.2, registered post no. RH507494715IN to OP No.3 and registered post no. RH507494729IN to OP No.4 on 12.08.2021) which was not received back either served or unserved despite the expiry of 30 days from the issuance of notice to OPs No.1 to 4; hence, they were deemed to be served and thus, due to non appearance of Ops No.1 to 4, they were proceeded ex-parte by this Commission vide its order dated 10.11.2021.

3.             To prove his case, the complainant has tendered affidavit as Annexure C/A along with documents Annexure C-1 to C-8 in evidence and closed the evidence by making a separate statement.

4.             We have heard learned counsel for the complainant and gone through the entire record available on record, minutely and carefully.

5.             Evidently, the amount of Rs.60,000/- as paid by the complainant in lieu of vacation package vide agreement dated 12.08.2020 (Annexure C-2) has already been refunded by OP No.1 vide cheque no.000032 dated 06.01.2021(Annexure C-8) to the complainant and thus, the main grievances of the complainant already stands redressed before filing of the present complaint. In the present complaint, the complainant has claimed the interest on the said amount of Rs.60,000/-w.e.f 12.08.2020 till its realization. Further, a compensation of Rs.4,00,000/- and Rs.11,000/- has also been claimed on account of mental agony and physical harassment and litigation charges. Further, it has been prayed that the Ops be directed to provide 2+1 exciting gift vouchers to her as promised by OP No.2 vide whatsapp message (Annexure C-1).

6.             The OPs did not appear to contest the claim of the complainant and preferred to be proceeded ex-parte, for which adverse inference is liable to be drawn against them. The non-appearance of the OPs despite notice shows that they have nothing to say in their defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted.

7.             We have perused the whatshapp message(Annexure C-2) sent by the OP No.2 to the complainant and found that the complainant alongwith her husband was invited to visit Hotel Bella Vista Sector-5, Panchkula to collect the gift vouchers free of cost. However, the complainant, on the basis of persuasion & inducements by OPs No.2 to 4, made the payment of Rs.60,000/-and executed an agreement (Annexure C-2) for availing the service of vacation packages. On 27.08.2020, the complainant being not satisfied with the service of the OPs, sent the request vide whatsapp message(Annexure C-3) to Ops to cancel the holiday package and to refund her money. Initially, the OPs were reluctant to refund the money and informed the complainant vide e-mail dated 19.09.2020(Annexure C-3(colly)) that membership is not refundable but ultimately acceded to the request of the complainant vide e-mail dated 28.09.2020 and vide email dated 04.10.2020 informing her that the amount deposited by her shall be refunded by 15.09.2020. However, finding no positive response from the OPs, a complaint no.2276681(Annexure C-5) was lodged by the complainant which failed to evoke any response from the OPs and finally, the complainant was compelled to send a legal notice through her counsel Sh.Prashant Jaswal(Annexure C-6) seeking the refund of Rs.60,000/- alongwith interest as well as damages amounting to Rs.3,00,000/-. In response to said notice, the OPs sent a cheque no.000031 dated 06.01.2020(Annexure C-7) which got dishonored being out dated. From above stated facts, it is evident that complainant suffered mental agony and harassment due to the delayed action on the part of the OPs while refunding the amount of Rs.60,000/- to her. We find that there has been lapse and deficiency on the part of OPs, while delivering the services to the complainant; hence, the complainant is entitled to relief.

8.             As a sequel to above discussion, we partly allow the present complaint with following directions:-

1. The OP No.1 is directed to pay simple interest @ 9% per annum on the sum of Rs.60,000/- w.e.f 12.08.2020 till its realization to the complainant.
2. The OP no.1 is also directed to pay an amount of Rs.5000/- to the complainant on account of mental agony and harassment.  
3. The OP No.1 is further directed to pay an amount of Rs.5,500/- to the complainant on account of litigation charges.

 

9.             The OP No.1 shall comply with the order within a period of 30 days from the date of communication of copy of this order failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OP No.1. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance.

Announced on:21.02.2022

 

 

Dr.Sushma Garg          Dr. Pawan Kumar Saini         Satpal         

        Member                          Member                         President

 

Note: Each and every page of this order has been duly signed by me.

 

                                     Dr. Pawan Kumar Saini                            

   Member