BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.550 of 2019
Date of Instt. 18.11.2019
Date of Decision:09.02.2021
Mr Pardeep Kumar Age 44 S/o Sh. Om Parkash R/o House No.310, Green Avenue, Jalandhar.
..........Complainant
Versus
1. M/s Genial Holiday Club, SCO 118-119, 1ST Floor sector-8C, Madhya Marg, Chandigarh, Through its manager Director/General manager.
2. M/s Genial Holiday Club, SCO 118-119, 1ST Floor sector-8C, Madhya Marg, Chandigarh, Through its T. O manager Yaqoob Ahmad Reshi.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Kuljit Singh (President)
Smt. Jyotsna (Member)
Present: Sh. Ashok Kumar, Adv. Counsel for the Complainant.
OPs No.1 & 2 exparte.
Order
Kuljit Singh (President)
1. The instant complaint has been filed by the complainant, wherein alleged that the OPs are running the business under the name and style of M/s General Holiday Club, at SCO 118-119, 1ST Floor sector-8C, Madhya Marg, Chandigarh. The said company involved in the business of tourism and company provide the hospitality and holidays package to the tourist at the various destinations as per the list provide by OPs to the complainant at time of receiving the amount of Rs.65,000/- on 21.12.2016. That on 21.12.2016 the representatives of OPs had installed advertisement booth/canopy in the premises of Hotel A1 near Bus Stand Jalandhar, on behalf of OP No.1. On 21.12.2016 complainant had visited in the building of Hotel A1 near Bus Stand Jalandhar, wherein OP No.2 had installed advertisement chamber/booth. The representative of OP No.1 namely Yaqoob Ahmad Reshi had approached the complainant and he told him about the business, affairs and offers of OP No.1. That the OP No.2 made representation to complainant on behalf of the OP No.1 by saying that OP No.1 will provide five year Family Holiday tour plan and offering the time share vacation membership. Vide this plan OPs were bound to provide the service of accommodation in all national and international five star hotels for consecutive 5 years from the date of payment of fees. OPs told complainant that complainant would have to make the payment of Rs.65,000/- to OPs for availing the above said services and membership. They further told complainant that within a week of receiving the payment of OPs, all the papers/acknowledgement of membership documents will be sent to the complainant. Complainant trapped into the false representation of the OPs and in good faith he had made the payment of Rs.65,000/- to OP and OP had issued the receipt No.GH3032 dated 21.12.2016. That on 19.05.2017 at about 12:29PM complainant had sent an email to OP from his email, whereby requested to send him the list of hotel properties and other documents, so that complainant can choose the hotel for spending his holidays. Copy of email dated 19.05.2017 is relevant wherein complainant had specifically mentioned the options/preferences of sites. On the same day i.e. on 19.05.2017 complainant had sent email to OPs at about 01:04 PM and requested OPs to arrange accommodation and told his plan with the check in and check out dates. On the same day OPs had responded to the email of complainant and assured the complainant that they will get back to complainant as soon as possible. OPs sent the phone number of their customer care. Accordingly, complainant sent the email to the customer care also but all in vain. That on 20.05.2017 the complainant again sent email to OPs and requested to arrange the accommodation to the site i.e. Dalhousie and also given the second option as Massoorie, but again this time OPs sent the email and assured the complainant that you will do the needful as soon as possible. On the same day at about 02:30 PM OPs sent email and assured the complainant that they will try to do the needful and will arrange the accommodation to the selected sites within week. OPs failed to get arrange the accommodation and failed to respond to complainant with the malafide intension. Ultimately, OPs did not arrange the accommodation and complainant was time and again victimizes and harassed by OPs. That in the month June 2019 complainant again approached OPs by way of email dated 12.06.2019 at about 01:52 PM and being members, complainant requested OPs to arrange the accommodation at Mcleodganj. In reply OPs told the complainant that OPs have no affiliation in Mcleodganj and OPs directed the complainant to change the destination. However OPs have clear cut mention in the destination list that the site of Mcleodgang is also within the scope of their services. The complainant had time and again requested OPs to provide the services as per their commitment and also sent the email which was duly received by OPs, but OPs failed to respond complainant with the intention to harass and humiliate him. The complainant had also got served the legal notice, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to return the amount of Rs.65,000/- which was paid by complainant with interest @ 18% per annum and further OPs be directed to pay compensation of Rs.80,000/- on account of mental tension and harassment and also directed to pay litigation expenses.
2. Notice of the complaint was given to the OPs, but despite service, OPs failed to appear and ultimately, both the OPs were proceeded against exparte.
3. In order to prove his respective version, counsel for the complainant produced on the file his respective evidence.
4. We have heard the learned counsel for the complainant and also gone through the written arguments submitted by counsel for the complainant as well as case file very minutely.
5. In nutshell, the case of the complainant is only that the OP involved in the business of tourism and company provide the hospitality and holidays package to the tourist at the various destinations as per the list provided by the OPs to the complainant and upon this, the complainant availed the services of the OPs after paying a sum of Rs.65,000/- as full and final payment and OPs had issued a receipt No.GH3032 dated 21.12.2016, which is evident from Ex.C-2 and in the receipt, the membership period is mentioned as 5 years and OPs also provided destinations list, which is Ex.C-1 and thereafter complainant sent an email on 19.05.2017, whereby he demanded some papers regarding membership and further informed about his tour planning as Dalhousie is his first choice and Mussoorie is second and also stated check in date will be 10.06.2017 and check out date will be 13.06.2017 and requested for confirmation, but no reply has been given by OPs and then again complainant sent an email dated 19.05.2017 Ex.C-4, whereby he requested for changing the Check in date and Check out date and in response to the email of the complainant, the OPs sent his reply, wherein stated that we will get back to the complainant as soon as earliest and further gave the customer care number for further enquiry. Thereafter, the complainant again sent an email to the OP on 20.05.2017 and same reply has been given by OPs that please contact customer care number, Copy of the email is Ex.C-6 and then on 20.05.2017 the OPs sent an email, wherein stated that the request of the complainant forwarded to concerned department and within week tell about the availability of resorts and thereafter complainant again sent emails regarding his booking, copy of the same is Ex.C-8 and Ex.C-9 and lastly OPs sent an email dated 14.06.2019 Ex.C-10, wherein stated that ‘we are here to inform you that we don’t have any affiliation in Mcleodganj. Kindly change your destination and due to this act of the OPs, the complainant filed the present complaint.
6. The factum above noted are required to be falsified by the OPs by appearing in the Forum, but for the best known reason, the OPs did not come present to meet the grievances of the complainant and accordingly, we find that the version of the complainant, which is un-rebutted and un-challenged is required to be accepted and one thing is also clear that the OPs has clear cut mentioned in the destination list that the site of Macleodganj is also within the scope of their services, but the OPs failed to do so and accordingly, hold that the complainant is entitled for the relief claimed.
7. In view of the discussion made above, present complaint is partly allowed and opposite party is directed to refund the cost of Rs.65,000/- alongwith interest @ 6% from the date of filing the complaint till its realization and further OPs are directed to pay compensation of Rs.5000/- for causing mental tension and harassment to the complainant and Rs.3000/- as litigation expenses and also to deposit Rs.5000/-in the Consumer Legal Aid Account of this Commission. This order is directed to be complied within a period of thirty days from the date of receipt of copy of this order. Copy of order be issued to the parties free of costs as per law. File be consigned to record room.
Dated Jyotsna Kuljit Singh
09.02.2021 Member President
