Haryana

Panchkula

CC/174/2022

SMT.SURINDER KAUR - Complainant(s)

Versus

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

IN PERSON.

21 Dec 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	174 of 2022
Date of Institution	:	20.05.2022
Date of Decision	:	21.12.2022

 

 

Smt. Surinder Kaur wife of Shri Harvinder Singh, resident of House No.83-A, Police Line Colony, Village Moginand, Sector-26, Panchkula, Haryana.

 

                                                                           ….Complainant

Versus

1.     M/s Creekinn Holidays World Pvt. Ltd.(earlier Courtyard Holidays        World Private Limited), Building No.212, Second Floor, Okhla        Industrial Estate, Phase-3, New Delhi-110020 through its       authorized signatory/ Managing Director Nikhil Kaushal

2.     Nikhil Kaushal, authorised signatory/Managing Director, M/s C    Reekinn Holidays World Pvt. Ltd.(earlier 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.

                        OPs No.1 & 2 already ex-parte vide order dated 22.07.2022.

                       

ORDER

(Dr.Pawan Kumar Saini, Member)

1.             The brief facts of the present complaint are that the OPs through their executives contacted the complainant on her mobile and invited her and her husband to collect their’s(OPs) free coupons as part of OPs ongoing campaign to promote their services and this was assured to have no charges or any hidden cost. On the persistent request made by the executives of the OPs, the complainant and her husband visited the Hotel, Bella Vista, City Centre, Sector-5, Panchkula but the executives of OPs 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 and further disclosed that they are having tie-ups in 5 Star Hotel across the world. The OPs executive allured the complainant and her husband to buy the vacation plan for 10 years for a sum of Rs.1,25,000/- in which they assured the 60 nights in 10years to the complainant. It is averred that the complainant conveyed  the age of her children to the Ops, upon which, it was assured that the children before attaining the age of 18 years would be counted under the category of kids. It is averred that believing the assurance of the OPs, the complainant paid a sum of Rs.1,25,000/- to OPs to purchase the said package with family and agreement was signed between them. It is further averred that the complainant sent a mail dated 29.10.2020 to the Ops for having a stay for one night in Park Plaza, Zirakpur for 18.11.2020 but vide email dated 01.11.2020, the OPs showed their inability to provide the stay facility in said hotel but in the alternative provided the stay facility on 14.11.2022 at the Hotel i.e. Radisson Chandigarh-Zirakpur which was of 3-star level hotel in place of 5-star hotel as assured. Further, it is averred that the request of the complainant vide email dated 17.06.2021 sent to Ops for having stay in Singapore was declined by Ops vide email dated 18.06.2021. Further, the request made by the complainant vide email dated 02.07.2021 for Bali (Indonesia) was declined stating as “that Bali international Airport is not open yet for tourists & Hotels inventory as well, hence we are unable to provide the reservation as of now”. It is stated that the complainant could use complimentary offer’s before 15.09.2021 but the OPs prevented her to utilize the same and ultimately, Ops vide their mail dated 11.09.2021 extended the complimentary offer for 2N/3D Achrol Niwas, but failed to extend the remaining complimentary offer’s; hence complainant vide her mail dated 13.09.2021 requested the OPs to refund the amount but the OPs neither refunded the amount nor extended the period of complimentary offer’s. When the OPs failed to refund the amount, the complainant sent an email to the OPs for having stay in Lemon Tree Hotel, Jaipur for 3N/4D but the request of the complainant was turned down on flimsy and baseless grounds.  It was stated by Ops that the age of kids should be below 6 years whereas the complainant had purchased the package clearly stating the age of her children. It is further averred that the Ops instead of providing the stay facility at Lemon Tree Hotel at Jaipur offered the reservation at a hotel, namely, Hotel-Vesta International Jaipur wherein stay facility was also not provided. Thereafter, the Ops offered another hotel i.e. The Farm Residency Jaipur instead of providing the desired location and for different date; hence, the complainant requested to refund the amount. When the Ops failed to refund the amount, the complainant again sent a email for booking of rooms for 2N at Mussoorie & 2N at Dehradun w.e.f. 4^th to 7^th June, 2022 but the Ops failed to provide the booking and confirmation of the desired location and also failed to fulfill their promise. Due to the act and conduct of the OPs, the complainant has suffered mental agony, harassment and financially; hence, the present complaint.

2.             Notice were issued to the OPs through registered post, which was not received back either served or unserved despite the expiry of 30 days from the issuance of notices to OPs No.1 & 2; hence, they were deemed to be served and thus, due to non appearance of OPs No.1 & 2, they were proceeded ex-parte by this Commission vide its order dated 22.07.2022.

3.             To prove the case, the authorized representative of the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-11 in evidence and closed the evidence by making a separate statement.

4.             We have heard the complainant and gone through the entire record available on the file including synopsis filed by the complainant, minutely and carefully.

5.             During arguments, the complainant reiterating the averments made in the complaint as well as her affidavit Annexure C-A contended that the OPs did not provide the services to her as promised  and assured at the time of selling the holiday package amounting to Rs.1,25,000/- by them. It is contended that the OPs denied the stay facilities to the complainant on several dates and particularly, the OPs were deficient while providing stay facility at Jaipur and Mussoorie and thus, it has been prayed that complaint may be allowed by granting the relief as claimed for in the complaint. The submissions made by the complainant may be summerised as under:-

i.      That the complainant was provided the stay facility at Hotel       Radison, Zirakpur, instead of Park Plaza, Zirakpur, which was      lacking in 5-star facilities as assured.

ii.      That the OPs declined the request of the complainant for   reservation in Singapore as well as Bali, Indonesia on filmsy         grounds.

iii.     That the request of the complainant for extended the validity     period of complimentary offers on account of Covid-19 situation      was accepted except the extension of complimentary offer for      stay at Achrol Niwas.

iv.     That the OPs did not accept the request made by the complainant      vide her email dated 27.12.2021 for having stay for 3N & 4D at      Lemon Tree Hotel, Jaipur w.e.f. 16.01.2022 to 19.01.2022.

v.     That the offer made by the OPs for stay at Vesta International   Hotel, Jaipur was withdrawn by OPs vide email dated 30.12.2021.

vi.     That the complainant and her family members along with other families had to stay at Jaipur by making payment at their own       level.

vii.    That the Ops, in response to request of the complainant qua stay       for 2N at Mussoorie & 2N at Dehradun w.e.f. 4^th to 7^th June, 2022,   offered the Hotel, namely, Hotel Highland by DLs hotel which was    20kms from Kampty fall and another offered hotel  i.e. Natraj was located at Rishikesh  not in Dehradun.

6.                The OP No.1 & 2 have preferred not to contest the present complaint by remaining absent despite services of notice and accordingly, they were proceeded ex-parte vide order dated 22.07.2022 and thus, the assertions made by the complainant go unrebutted and uncontroverted.

7.             Evidently, a sum of Rs.1,25,000/-, as per holiday package purchase agreement(Annexure C-3), was paid by the complainant to OPs for availing the lodging and boarding facilities at various places. As per said agreement, it is also evident that other offers like 4N/5D holiday+2air tickets+food etc. were promised by the OPs to be provided to the complainant. The contentions of the complainant that she had requested the OPs on several occasions to avail the stay facilities at OP’s Hotel stand established as per emails(Annexure C-4 to C-8). As per email(Annexure C-4), the complainant had requested for reservation in Park Plaza, Hotel Zirakpur but she was provided the accommodation in Radisson hotel, which was found lacking in 5-star facilities. Further, as Annexure C-8 (colly), the OPs were found deficient in not providing the desired accommodation at Jaipur and finally, the OPs have been found deficient as per perusal of Annexure C-9, while providing its services at Mussoorie and Dehradun. The contentions of the complainant are unrebutted and uncontroverted; therefore, the OPs were deficient while rendering services to the complainant and accordingly, the complaint is partly allowed with following directions:-

1.     To pay a sum of Rs.1,25,000/- to the complainant, along with interest @ 9% per annum w.e.f. the date of filing of the complaint till its realization. 
2.     To pay a lump sum amount of Rs.7,500/- to the complainant on account of mental agony, harassment and litigation charges.

 

8.             The OPs No.1 & 2 shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OPs No.1 & 2 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 OPs No.1 & 2. 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: 21.12.2022

 

 

 

        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