- Manager, Koel Complex Kaithal, Tehsil and District Kaithal.
….Respondents.
Complaint under Section 12 of the Consumer Protection Act
CORAM: DR. NEELIMA SHANGLA, PRESIDENT.
SMT. SUMAN RANA, MEMBER.
SH. RAJBIR SINGH, MEMBER.
Present: Complainant in person alongwith Sh. R.C.Goel, Advocate.
Claim against respondent No.1 already dismissed vide order dt. 17.03.2020.
Respondent No.2 exparte.
Sh. Amit Kaushik alongwith Sh. P.P.Kaushik, Advocate for the respondent.No.3.
ORDER
DR. NEELIMA SHANGLA, PRESIDENT
Vikram Singh-Complainant has filed this complaint under Section 12 of Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the respondents.
In nutshell, the facts of present case are that the respondents No.1 & 2 organized a programme at the premises of respondent No.3 for advertisement of their company and invited the complainant telephonically to attend the same. The complainant attended the same with his wife Sapna at about 07.30 p.m. on 15.03.2019. The team members of respondents No.1 & 2 explained the Century Holidays Plan that in the holidays pack, there will be 4 nights and 5 days holidays pack per year stay at various locations pack in one year pack and can take 8 nights and 10 days holiday stay under this pack at one time also. The cost of this five year members was Rs.45,000/- and Rs.5400/- per year maintenance charges was extra. The complainant purchased the above-mentioned holidays pack/membership and made a payment of Rs.45,000/- regarding this. Respondents No.1 & 2 issued a certificate of membership to the complainant mentioning with name Vikram Singh, member No.CH05DEL540, contract No.CHDEL 8050, membership period 5 years, apartment 2+2, type of membership Gold. After purchasing this holiday pack membership, the complainant contacted the respondents No.1 & 2 to their toll free No.1800-833-7077 several times regarding the holiday booking and an e-mail was also sent by the complainant to the e-mail address booking @century holidays.in of the respondents No.1 & 2 on 08.05.2019 but till today no response is received by the complainant. So, it is a clear cut case of deficiency in service on the part of respondents and prayed for acceptance of complaint.
2. Upon notice, the respondent No.3 appeared before this Commission, whereas respondent No.2 did not appear and was proceeded against exparte vide order dt. 27.08.2019 of this commission. The claim against respondent No.1 was dismissed vide order dt. 17.03.2020 of this commission.
Respondent No.3 contested the complaint by filing their written statement raising preliminary objections with regard to locus-standi; maintainability; cause of action; that the complainant has suppressed the true and material facts from this commission. In fact the answering respondent had no concern whatsoever with the business of respondents No.1 & 2. The answering respondent had only rented out the Conference Hall to the respondent No.2 vide receipt No.125 dt. 15.03.2091, receipt No.128 dt. 16.03.2019 and receipt No.134 dt. 17.03.2019 for meeting purpose. There is no deficiency in service on the part of respondent. On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.
3. To prove his case, the complainant tendered into evidence affidavit Ex.CW1/A alongwith documents Anneuxre-C1 to Annexure-C4 and thereafter, closed the evidence.
4. On the other hand, the respondent No.3 tendered into evidence affidavit Ex.RW1/A alongwith documents Annexure-R1 & Annexure-R2 and thereafter, closed the evidence.
5. We have heard both the parties and perused the record carefully.
6. Sh. Vikram Singh, who is appearing in person while respondents No.1 & 2 have been proceeded against exparte. Respondent No.3 is represented through Sh. Amit Kaushik, Adv.
7. Sh. Vikram Singh Nain complainant in person has argued that the respondents No.1 & 2 organized a programme at the premises of respondent No.3 for advertisement of their company and invited the complainant telephonically to attend the same. The complainant attended the same with his wife Sapna at about 07.30 p.m. on 15.03.2019. He has argued that the team members of respondents No.1 & 2 explained the Century Holidays Plan that in the holidays pack, there will be 4 nights and 5 days holidays pack per year stay at various locations pack in one year pack and can take 8 nights and 10 days holiday stay under this pack at one time also. The cost of this five year members was Rs.45,000/- and Rs.5400/- per year maintenance charges was extra. The complainant purchased the above-mentioned holidays pack/membership and made a payment of Rs.45,000/- regarding this. Respondents No.1 & 2 issued a certificate of membership to the complainant mentioning with name Vikram Singh, member No.CH05DEL540, contract No.CHDEL 8050, membership period 5 years, apartment 2+2, type of membership Gold. After purchasing this holiday pack membership, the complainant contacted the respondents No.1 & 2 to their toll free No.1800-833-7077 several times regarding the holiday booking and an e-mail was also sent by the complainant to the e-mail address booking @century holidays.in of the respondents No.1 & 2 on 08.05.2019 but till today no response is received by the complainant.
Annexure-C1 is the payment receipt of Rs.45,000/- and Rs.5400/- to the respondents. Annexure-C3 is the photo-stat copy of membership card and Annexure-C4 is the photo-stat copy of membership certificate. Annexure-R1 and Annexure-R2 are the various documents tendered by Sh. Amit Kaushik, Adv. appearing on behalf of respondent No.3. Sh. Amit Kaushik, Adv. for the respondent No.3 has stated that Koel Complex Kaithal is a restaurant of Haryana Tourism. He has argued that a hall was taken on hire basis by the respondents No.1 & 2 for meeting purpose. Hence, respondent No.3 has no responsibility, whatsoever to any damages/compensation to complainant.
8. We have perused the oral as-well-as documentary evidence placed on the record. Respondent No.3 has no responsibility whatsoever to pay any damages to the complainant as the hall was given for conference purpose to respondents No.1 & 2 and to other consumers on the request of respondents No.1 & 2. Sh. Vikram Singh Nain complainant has stated that since the premises were given on rent for two days to the respondents No.1 & 2. Hence, respondent No.3 had the liability to antecedents of respondents No.1 & 2.
Rebutting his arguments, Sh. Amit Kaushik, Adv. for the respondent No.3 has stated that the customers come for dinner purpose for eating meals and for conference in this Koel Complex, who inform the Manager of respondent No.3 asked about the antecedents of consumers. The customers hold their lunch meeting, dinner meeting and attend the conference and then they go. It was the duty of consumer-complainant to verify the credentials/antecedents of respondents-M/s. Flowery Club India Pvt. Ltd.
9. In view of the aforesaid situation, respondent No.3 is exempted from any responsibility whatsoever and claim against the respondent No.1 was dismissed vide order dt. 17.03.2020 of this commission. So, respondent No.2 is saddened with the responsibility of paying Rs.45,000/- and Rs.5400/- alongwith interest @ 6% p.a. w.e.f. 15.03.2019 till its payment within two months from today. In default, the aforesaid amount shall carry a penal interest @ 9% p.a. Hence, the present complaint is accepted with cost. The cost is assessed as Rs.11,000/- which will be paid by the respondent No.2 to the complainant.
In default of compliance of this order, proceedings shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to both the parties free of cost. File be consigned to the record room after due compliance.
Announced in open court:
Dt.:16.03.2022. (Dr. Neelima Shangla)
President.
(Rajbir Singh), (Suman Rana),
Member. Member.
Typed by: Sanjay Kumar, S.G.
