Chandigarh

DF-II

CC/91/2019

Mrs. Nidhi Bhatara - Complainant(s)

Versus

M/s GENIAL HOLIDAY CLUB Pvt. Ltd. - Opp.Party(s)

In Person

16 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	91 of 2019
Date  of  Institution	:	20.02.2019
Date   of   Decision	:	16.04.2019

 

 

 

 

Mrs.Nidhi Bhatara, wife of Sh.Manish Bhatara, Indian Habitant, Residing at Flat No.1523, PUSHPAC Complex, Sector 49-B, Chandigarh.  

             …..Complainant

Versus

M/s Genial Holiday Club Pvt. Ltd. having its registered office at SCO 118-119, Ist Floor, Sector 8-C, Madhya Marg, Chandigarh.   

     ….. Opposite Party

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING MEMBER

            SH.RAVINDER SINGH     MEMBER

 

Argued By:  Complainant in person.

 Opposite Party exparte. 

 

  

PER PRITI MALHOTRA, MEMBER

 

                                Briefly stated, as alleged, the complainant being allured by the assurance given by Officials of Opposite Party and being avid travelers, accepted the introductory Package of OP under Studio Type Apartment Blue Membership, whereby 2 adults and two kids were allowed five weeks of stay in any of the resorts of M/s Genial Holiday Club Resorts/Hotels having 4/5 star ratings facilities along with complimentary breakfast and discounted package of around 30/40 percent discount in other meals & recreational activities in club/hotels in next five year upto Jan., 2023.  It is averred that the complainant was also promised stay of one week in any of the associate hotel in any country of world within the period of five years as a special gesture from the club.  Further averred that the complainant was also offered a gift voucher of 3N/4D accommodation after acceptance of the offer, which was also promised to be availed any time during the period of five years.  It is also the averments that the complainant was also promised by the Opposite Party that the period of five years shall be extended for another two years if all the five weeks’ vacation is not availed by us within the prescribed period.  As such, the complainant made payment of Rs.25,000/- on 4.2.2018 and Rs.42,500/- on 14.2.2018 through her husband’s credit card to the Opposite Party for the said membership and accordingly, the complainant was issued Membership Certificate, Membership Card along with destination list (Ann.C-10 to C-12). 

 

         It is submitted that the husband of the complainant contacted the OP Club on 12.10.2018 for booking from 26.12.2018 to 31.12.2018 and gave three options, but the Opposite Party did not respond, but after great persuasion, the Opposite Party made booking in another Hotel in Bhubaneshwar and Puri for 4 nights stay, instead of 5 nights stay, as requested in their destination.  It is also submitted that the complainant was also asked to pay AMC @Rs.7100/- along with breakfast charges and extra bedding charges for kid immediately to get the bookings. But when the complainant checked the hotels offered by the Opposite Party, the same were found to be of 2/3 star rating against the agreed hotels of 4/5 star rating at the time of giving membership.  It is stated that when the complainant felt doubtful about the hotels being provided by the Opposite Party, she and her husband visited the office of Opposite Party to know about the factual position whereupon they were made to know by the Opposite Party that it do not own any resort in the said cities and asserted that the terms & conditions have to be followed to get any bookings in Genial Holiday Club.  Then, the complainant and her husband again visited the Opposite Party to have talk with high official, but they did not pay any heed, as such, the complainant requested the Opposite Party for refund of money paid to it, as she has not availed any of the service of the Opposite Party.  However, the Opposite Party vide email dated 1.11.2018 informed that the membership is non-refundable.  It is submitted that the complainant enquired about the different resorts and hotels owned by M/s Genial Holiday Club Pvt. Ltd., but got a fake/non-cogent response from the Clubs.  It is also submitted that the OP Club has no ownership of any resorts and hotels and is working only as travel agent in the pretext of providing club membership.  Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of Opposite Party.

 

2]       The notice of the complaint sent to the Opposite Party received back with report of refusal and as such the Opposite Party was proceeded exparte vide order dated 5.4.2019. 

 

3]       Complainant led evidence in support of his contentions.

 

4]       We have heard the complainant in person and have also perused the entire record.

 

5]       The whole evidence place on record by the complainant corroborates the assertions set out in the present complaint.  Ann.C-1 & C-2 (payment receipts) are evidence of the fact that the complainant had paid an amount of Rs.25,000/- on 4.2.2018 and Rs.42,500/- on 14.2.2018 to the Opposite Party.  Ann.C-10 is the Membership Certificate issued by OP Club in favour of the complainant.  Ann.C-12 is the Destinations List provided by Opposite Party for booking.  The email correspondences placed on record reveals that when for the 1^st time the complainant opted to avail their services under the membership contract found that all the representations made at the time of availing the membership in question turned out to be fake. The email correspondences so referred also reveals that the complainant before filing the present complaint duly challenged their misrepresentation and opted for the cancellation of the membership.  Also the complainant put in earnest efforts to get the refund of her hard earned money paid as membership fee. Despite the request made by the complainant and her husband, no initiative was taken up by the Opposite Party to refund the amount in dispute even though no services have been availed by her from the Opposite Party.  It is opined that the gullible consumers have been trapped by them by making lucrative offers made with an intention not to fulfill the same.

 

6]       In our considered opinion, the complainant has very well established her case against the Opposite Party, who in their turn failed to come present to counter the allegations of the complainant despite having been duly served.

 

7]       The complainant has not only proved her case by way of corroborative evidence, but also filed duly sworn affidavit in support of the allegations set-out in the complaint.  All the pleas of the complainant has gone unrebutted and unchallenged in the absence of the OP. The averments/allegations are duly proved on record, which establish the deficiency as well as unfair trade practice on the part of the OP. In this view of the matter, the complaint deserves to be allowed.  Accordingly, the present complaint is allowed against the OP with following directions:-

1. To refund an amount of Rs.67,500/- to the complainant;
2. To pay an amount of Rs.10,000/- as compensation for causing mental & physical harassment to the complainant on account of deficient act coupled with unfair trade practice on the part of OPs;
3. To pay an amount of Rs.5000/- towards litigation expenses;

 

         This order shall be complied with by the Opposite Party within a period of 30 days from the date of receipt of its certified copy, failing which it shall be liable to pay additional compensatory cost of Rs.10,000/- apart from above relief.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

16^th April, 2019                                                                                                                                                                       Sd/-

 (PRITI MALHOTRA)

PRESIDING MEMBER

 

 

Sd/-

(RAVINDER SINGH)

MEMBER