Chandigarh

DF-II

CC/711/2019

Kanwaljit Kaur - Complainant(s)

Versus

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

In Person

12 Jul 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	711/2019
Date of Institution	:	01.08.2019
Date of Decision	:	12.07.2022

 

                     

            

 

 

Kanwaljit Kaur w/o Sh.Paramjit Singh Gill r/o H.No.109, Sector 28-A, Chandigarh

                 ...  Complainant.

Versus

 

M/s Genial Holiday Club Pvt. Ltd., having its Regd. Office at SCO 118-119, 1^st Floor, Sector 8-C, Chandigarh.

 

…. Opposite Parties.

 

BEFORE:
	SHRI S.K.SARDANA	PRESIDING MEMBER
	SHRI B.M.SHARMA	MEMBER
Argued by:-
	Complainant in person.
	Sh.Gaurav Aggarwal, Adv. for OP.

 

   

 

PER B.M.SHARMA, MEMBER

1.     Briefly stated, the facts of case as alleged by the complainant are that on 04.05.2018  the OP contacted her by stating that she was selected for a free 3N/4D holiday at Genial Club Resort for Dharamsala, Jaipur, Goa etc. and requested to collect the holiday voucher at Hotel Nagpal Regency, Ludhiana.  In the hotel, the OP offered Apartment Blue Membership whereby 2 adults and 2 kids were allowed 10 weeks of stay in next 10 years till April, 2018 in any of the Genial Holiday Club 4/5 Star Resorts across India and abroad. Being allured by their promises, the complainant become a Member of the OP-Club by paying membership fees of Rs.1.27 lakhs through credit card. On 02.07.2018 i.e. after two months, she received the courier containing the membership card, certificate etc.   On 30.01.2019, the complainant sent e-mail and asked the OP about their website/app where she could see the resorts and plan her vacation accordingly but to no effect.  The complainant again sent an e-mail dated 19.02.2019 asking them to provide the resorts for a vacation in Kerela from 24.03.2019 to 26.03.2019  but to her surprise, the OP sent one resort namely Misty Mountain Resort, Munnar and that too when confirmed from the resort itself through e-mail was a 2/3 star resort.  It has further been averred that despite writing letters/e-mails, the OP failed to provide a single 4/5 star resorts and finally she had to book her vacation in Kerela on her own expenses despite having paid the membership fee. Subsequently, the complainant wrote numerous e-mails to the OP regarding their deficiency in services but to no avail. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking refund of the membership fee along with compensation on account of mental agony and harassment etc.
2.     In its written statement, while admitting the factual matrix of the case, the OP has stated that the terms and conditions of the membership certificate nowhere mentioned regarding the star rating of any property offered by them.  The OP itself is an established holiday club having members throughout the country and has a remarkable reputation in terms of services and holiday experiences. The OP has very transparently provided the list of hotels and resorts on its website in order to avoid any kind of ambiguity to its members. It has further been stated that at the time of issuing the membership to the complainant, they have clearly explained regarding the reciprocals and not owing properties at various destinations.  It has further been stated that the membership guidelines/rues of occupation clearly mention that the OP provide various categories of resorts and hotel partners in India and provide the timeshare owner week at various categories of apartments. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
3.     The complainant filed rejoinder to the written reply of the OP controverting its stand and reiterating her own.
4.     We have heard the Counsel for the parties  and have gone through the documents on record.
5.     From the documents and evidence on record, it is proved that the complainant took Membership of OP Company by paying a good amount of Rs.1,27,000/- on 05.05.2018. It is established that the Opposite Party have failed to honour the commitments/promises, which encouraged the complainant to opt their Membership. It is also proved from record that the complainant was not given booking at her desired destinations having 4/5 star rating.  We are of the view that the complainant has invested a good amount with OP to have some happy time/outing for their family but the OP did not render due services to the complainant by not arranging tour despite receipt of Rs.1,27,000/-. Besides this, in the certificate issued to the complainant, no detail/list of properties owned or to be allotted by the OP to its members has been mentioned and the OP has also failed to prove on record that they have their any tie up with some other agency who deals in hotel/restaurant chain business.  The certificate lacks the complete information with regard to the property as per the membership availed by the complainant.  Moreover, no contract or agreement was executed with the complainant. The membership certificate issued to the complainant is an eye-wash for the members to grab their hard earned money.  Therefore, the deficiency in service on the part of OP is clearly made out which caused harassment and loss to the complainant.
6.     Taking into consideration the above observations & findings, we are of the considered view that the OP has remained deficient in providing due services to the complainant. Hence, the present complaint of the Complainant deserves to succeed against the Opposite Party and the same is allowed qua it. The Opposite Party  is directed as under:-

a]  To refund an amount of  Rs.1,27,000/- to  the Complainant along with interest @ 9% p.a. from the date of deposit, till realization.

b]  To pay Rs.20,000/- as compensation on account of deficiency in service and causing mental and physical harassment to the Complainants; 

c]  To pay Rs.10,000/- as cost of litigation;

7.          The above said order shall be complied with by the Opposite Party within a period of 30 days from the date of receipt of its copy, failing which they shall be liable to pay additional compensatory cost of Rs.10,000/-, apart from the above relief.
8.          The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

 

Announced 12/07/2022
	Sd/- (S.K.SARDANA) PRESIDING MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER