Haryana

Ambala

CC/36/2020

Naresh Chander Gupta - Complainant(s)

Versus

M/s Flyway Holiday Club Pvt Ltd - Opp.Party(s)

Gopal Krishan Gupta

02 Sep 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

                                                          Complaint Case No.  : 36 of 2020.

                                                          Date of Institution     :  01.02.2020.

                                                          Date of decision         :  02.09.2021.

1. Naresh Chander Gupta s/o Shri Ishwar Chander, aged 68 years.
2. Smt. Suman Lata Gupta w/o Naresh Chander Gupta, aged 67 years

Both residents of House No. 3, Sector-1, Jail Land, Ambala City.

                                                                             …. Complainants.

1. M/s Flyaway Holiday Club Pvt. Ltd., C/o # 346, IIIrd Floor, D & E, Chandigarh City Centre, VIP Road, Zirakpur, Mohali, PIN 140603, through its Director Shri Sandeep Singh S/o Shri Manmohan Lal. Contact No.79865-18626, Email id:
2. Bishan Singh S/o Shri Bhagvat Singh- Director of M/s Flyaway Holiday Club Pvt. Ltd. R/o # 85, Mahal Bir, Baijnath (T) Kangra, Himachal Pradesh. PIN -176125. Contract No.83969-17321, Email id: .
3. Ms. Komal Vats, Director of M/s Flyaway Holiday Club Pvt. Ltd., C/o Manoj Vats, R/o H.No.1149, GBP Rosewood 1, Dera Bassi, SAS Nagar, Mohali Punjab PIN 140507. Contact No.79734-45015. Email id:komal691981@gmail.com.

             ..…. Opposite Parties  

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.         

Present:       Shri Gopal Krishan Gupta, Advocate, counsel for the                        complainant

OPs already ex parte.

ORDER:     SMT. NEENA SANDHU, PRESIDENT.

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund Rs.40,000/- i.e. membership fee paid by the complainants, to the OPs and Rs.360/- for Movie tickets along with interest @ 18% w.e.f. 23.07.2019, till its realization.
2. To pay Rs.1,00,000/- as compensation for the mental agony and physical harassment suffered by the complainants.
3. To pay Rs.25,000/- to each of the complainant as litigation expenses.
   382.  

Any other relief which this Hon’ble Commission may deem fit.

Brief facts of the case are that complainant No.1 got a mobile call on 23.07.2019, from a person stated to be the Executive of company i.e. Flyaway Holiday Club Pvt. Ltd., who requested the OP No.1 to come with spouse at Hotel Sobti Plaza, Ambala City on 23.07.2019, at 5:00 PM for collection of free gift voucher of 3 days and 2 nights, free stay in any destination in India and two movie tickets with dinner, as their name has been selected for this purpose. On 23.07.2019, complainants reached at Hotel Sobti Plaza, Ambala City, the officials Mr. Sandeep Singh, Ms. Komal Vats and Ms. Kashish, of the OPs, narrated the club membership scheme of the company & convinced them to take at least trial pack of their holiday membership scheme. The officials of the OP assured the complainants that their company have more than 40 properties including various Resorts in India & have tie up with more than 1000 holiday destinations across the world. They assured to provide 4-5 star hospitality during stay period in their associated holidays resorts. They also assured to confirm the booking of stay within 3 to 7 days from receiving booking request from the complainants. They also told that their company is providing holiday’s facilities for the last 12 to 13 years. The directors of the company i.e. Sh. Sandeep Singh and Ms. Komal Vats of the OP No.1 also offered that they can merge 3 days 2 nights gift voucher with the membership. They also stated that this special offer is valid for you today only if you want you can book the destination for the holidays. They also told that some respected Advocates and other respectable persons of the city have also taken the Flyaway company membership. On believing them, the complainants have taken the above said membership for Rs.60,000/-, out of which, the amount of Rs.10,000/-, was paid on the spot through ATM of SBI Saving Bank Account No.10026151694. The OP has also issued the payment receipt bearing No.81 dated 23.07.2019. The amount of Rs.10,000/- was paid by cash on 20.08.2019 and Rs.20,000/- was paid vide cheque No.996780 dated 03.10.2019. The membership papers of trial pack policy was also given to the complainants. Both the complainants contacted the OP No.1, for movie tickets on 30.07.2019, 12.08.2019 and 03.10.2019, but they did not provide the same and at last on 10.10.2019, the OP No.1 told the complainants to watch the movie at their own expenses and the said amount will be adjusted later on. On the assurance of the OP No.1, complainants watched the movie on their expenses but till today, OPs did not refund or adjust the amount of the movie tickets. In winter vacations, both the complainants wanted to go to Goa to enjoy the winter holidays with family. So, the complainants on 05.10.2019, made a request to the OPs, to book the hotel room for 15&16 December, 2019. Since then several time tried to contact the OPs and finally they refused to book the hotel on 10.11.2019. From that date they did not pick up their calls and switched off their mobiles. Complainants waited sufficiently for booking the stay in Goa but the Ops did not book the hotel in Goa till now and also not replied. The OPs neither booked the hotel in Goa nor refunded the membership amounts. Desire of the complainants to go to Goa is now at the edge of the knife because of peak seasons as there is too much hike in the rates of the flights and booking of properties. Since, the OPs inspite of taking huge money from the complainants had failed to make arrangement for stay of the complainants at Goa, therefore, the complainants requested to refund the amount of Rs.40,000/-, paid by them as membership fee but they refused to pay any heed to their genuine request. By not refunding the membership fee and cost of movie tickets, the OPs have not only committed deficiency in service, but also indulged into unfair trade practice. Hence, the present complaint.

2.                Separate notices were issued to OPs No.1 and 2, but none has turned up on their behalf. Accordingly, they were proceeded against ex parte vide order dated 11.01.2021. Service upon the OP No.3, got effected though publication but none appeared on her behalf. Accordingly she was also proceeded against ex parte vide order dated 20.04.2021.

3.                Learned counsel for the complainant tendered affidavit of complainant No.1 as Annexure CW1/A alongwith documents as Annexure C-1 to C-6 and closed the evidence on behalf of complainant.

4.                We have heard the learned counsel for the complainants and carefully gone through the case file.

5.                From the application Form Annexure C-3, it is evident that the complainants had taken membership for 5 years of the Flyaway Holidays Club Pvt. Ltd i.e. OP No.1 for Rs.60,000/-. From the receipts Annexure C-1, it is evident that the complainants paid Rs.10,000/- on 23.07.2019 and Rs.10,000/- on 23.08.2019. From the Annexure C-2, it is evident that the complainants paid Rs.20,000/- on 03.10.2019, in this way, complainants had paid in total a sum of  Rs.40,000/- as membership fee to the OPs.  The learned counsel for the complainants contended that in the winter vacations, in order to go to Goa, the complainants on 05.10.2019 requested the OPs to book a hotel in Goa but they neither did the booking nor replied. Inspite of taking huge money from the complainants, the OPs did not make arrangement for stay of the complainants at Goa, therefore, complainants requested the OPs, to refund the amount of Rs.40,000/-, paid by them as membership fee but they refused to pay any heed to their genuine request.  By not making the booking for stay at Goa and not refunding the membership fee, the OPs have not only committed deficiency in service, but also indulged into unfair trade practice. The contentions of the complainants went un-rebutted as the OPs inspite of service of the notice have preferred not to appear before this Commission. Meaning thereby, Ops have nothing to say in their defence, and thus, we have no other option, except to believe the version of the complainants, which is duly supported by their affidavits and other supporting documents. In this view of the matter, we do not hesitate to conclude that the complainants are thus entitled to get the amount of Rs.40,000/-, paid as membership fee.  However, they are not entitled to get the refund of Rs.360/- for movie tickets, because they have not placed on record any document regarding purchase of the said tickets. Be that as it may, the OPs by not refunding the amount of membership, have not only committed deficiency in service, but also indulged into unfair trade practice. The OPs are thus not only liable to refund the amount of the membership along with interest, but are also liable to compensate the complainant for the mental agony and physical harassment suffered by them along with litigation expenses.

6.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs in the following manner:-

1. To refund the amount of Rs.40,000/- i.e. membership fee to the complainants along with interest @ 5 % per annum from the date of filing of the present complaint i.e 01.02.2020 till its realization
2. To pay Rs.5,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.3,000/- as litigation expenses.

                   The OPs are further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order. Certified copy of this order be supplied to the parties, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 02.09.2021.

                Sd/-                                       Sd/-                                   Sd/-

          (Vinod Kumar Sharma)        (Ruby Sharma)                   (Neena Sandhu)

              Member                             Member                            President