Haryana

Ambala

CC/35/2020

Anand Parkash Mehta - Complainant(s)

Versus

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

Gopal Krishan Mehta

02 Sep 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA

                                                          Complaint Case No.        :  35 of 2020.

                                                          Date of Institution           :  28.01.2020.

                                                          Date of decision              :  02.09.2021.

1. Anand Parkash Mehta  s/o Shri Trilok Mehta, aged 69 years.
2. Smt. Anita Mehta w/o Anand Parkash Mehta, aged 58 years

Both R/o House No.35, Vikas Vihar, 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 Managing Director Shri Sandeep Singh S/o Shri Manmohan Lal. Contact No.79865-18626, Email id: 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: .
2. 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 No.1 and 2 already ex parte.

OP No.3 already given up.

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.20,000/- i.e. membership fee paid by the complainants, to the OPs and Rs.360/- for Movie tickets along with interest @ 18% w.e.f. 25.07.2019, 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 25.07.2019, 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 25.07.2019, 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 OPs, 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 in cash on the same day i.e. 25.07.2019 and the amount of Rs. 10,000/- was paid in cash on 20.08.2019. The OP has also issued the payment receipt bearing No.102 dated 20.08.2019. The complainants have also received Flyaway Membership via post. 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 expense 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 to 20 December, 2019. Since then several time tried to contact the OPs and finally they refused to book the hotel on 15.11.2019. 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.20,000/-, 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.                Upon notice, none has appeared on behalf of the OPs No.1 and 2 before this Commission, therefore, they were proceeded against ex-parte vide order dated 18.11.2020.

3.                Learned counsel for the complainants had given up the OP No.3, through his statement recorded on 20.04.2021. Accordingly, he is given up vide order dated 20.04.2021, by this Commission.

4.                Learned counsel for the complainant tendered affidavit of complainant No.1 as Annexure CW1/A alongwith documents as Annexure C-1 to C-5 and closed the evidence on behalf of complainant.

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

6.                From the perusal of the application Form Annexure C-2, 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/-, out of which he paid Rs.10,000/- as down payment. From the receipt Annexure C-1, it is evident that the complainants paid Rs.10,000/- in cash on 20.08.2019. In this way, complainants had paid in total a sum of Rs.20,000/- 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.20,000/-, 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.20,000/-, 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.

7.                In view of the aforesaid discussion, we hereby dismiss the complaint against OP No.3 being given up vide order dated 20.04.2021 and allow the same against OP No.1 and 2. The OPs No.1 and 2 are directed in the following manner:-

1. To refund the amount of Rs.20,000/- i.e. membership fee to the complainants along with interest @ 5 % per annum from the date of filing of the present complaint i.e.28.01.2020,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 No.1 and 2 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.

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

              Member                             Member                            President