Chandigarh

DF-I

CC/497/2021

Aarti Sharma - Complainant(s)

Versus

M/s Genial Holidays - Opp.Party(s)

Rajiv K. Bhatia

22 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/497/2021
Date of Institution	:	29.7.2021
Date of Decision	:	22/8/2023

 

1.   Aarti Sharma wife of Rajeev Sharma resident of #744, GK Estate, Mundian Kalan, Ludhiana 141015.

2.   Rajeev Sharma resident of #744, GK Estate, Mundian Kalan, Ludhiana 141015.

… Complainant

V E R S U S

1.   M/s Genial Holidays a unit of Genial Holiday Club Private Ltd. sales office at SCO 118-119, Ist floor, Sector 8-C, Madhya Marg, Chandigarh 160008.

2.   Genial Holidays Club Private Ltd. registered office at SCO No.2, near Milton Tower, Penta Home Road, Zirakpur, Punjab through directors.

3.   Sukhdeep Singh, Managing Director, M/s Genial Holiday Club Private Ltd. registered  office at SCO No.2 near Milton Tower, Penta Home Road, Zirakpur, Punjab.

4.   Sukhwinder Kaur, Director, M/s Genial Holiday Club Private Ltd. registered office at SCO No.2, near Milton Tower, Penta Home Road, Zirakpur, Punjab.

.  … Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

                       

ARGUED BY		None for complainants.
		Sh. Varun Bhardwaj, Advocate for OPs.

Per SURJEET KAUR, Member

     Briefly stated the complainant allured with the assurances of the OPs for stay in their resorts and hotels and providing of other facilities the complainant paid Rs.30,000/- on 19.11.2018 to the OPs for their membership and accordingly she was issued membership certificate dated 19.11.2018 Membership card dated 19.11.2018 alongwith destination list letter dated 19.11.2018, payment receipt, gift voucher vide Annexure C-1 to C-6.  The husband of the complainant contacted the OP club various times for booking but the OPs did not respond. The complainant has come to know that the OPs club has no ownership of any resorts and hotels and is working only as travel agent in the pretext of providing club membership and as such they played fraud with the complainants. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed

2. The Opposite Parties  while admitting the factual matrix of the case stated that  the complainants sent email dated 24.11.2018 requesting the OPs to book the hotel from 30 December for 2 nights and 3 days. After receipt of the email the OPs called the complainants and informed the complainants that they are block out dates as per agreement and they can select some other dates which they failed to reply. It is averred that vide email dated 19.6.2021 the complainants requested the Ops to book the hotel in Shimla from 22.6.2021 to 24.6.2021 and the OPs informed the complainants that their booking is on hold at Manla Homes Resort, Mashobra from 22.6.2021 to 24.6.2021 subject to deposit of AMC charges and extra bed charges but the complainants failed to deposit the charges as agreed by them at the time of executing the agreement and started making lame excuses.  It is alleged that the complainant since the date of membership was aware that the OP does not own any resort/hotels in their name and they provide stay only in their associate hotels and resorts and this fact has also been clearly mentioned in the membership certificate which has been attached by the complainant as Ex-c-1 alongwith the complaint.  All other allegations made in the complaint has been  denied being wrong.
3. No rejoinder filed on behalf of complainant despite ample opportunity, hence, further opportunity to file the same was closed vide order dated 6.1.2023.
4. Contesting parties led evidence by way of affidavits and documents.
5. We have heard the learned counsel for the contesting parties and gone through the record of the case.
6. Admittedly the complainant paid an amount of Rs.30,000/- to the OPs on 19.11.2018 for the alleged membership to avail the facility of the holiday package of OPs. Annexure C-7 is an email dated 24.11.2018 according to which the complainant asked for booking of a studio type room in 4 or 5 star property in Shimla on 30^th of December 2018 for two nights and 3 days. Again as per page 18 of the paper book the complainant requested on 17.12.2019 to book a room in Shimla from 26.12.2019 to 28.12.2019 to which the OPs responded. As per page 19 of the paper book an email dated 18.12.2019 reveals that the dates chosen by the complainant were block out dates  and she was requested to send the dates after 5^th of January. Aggrieved with the said response of the OPs the complainant has requested for refund of the amount paid.
7. On the  other hand the OPs have annexed an email at page 26 of their reply that the complainant sent one email dated 19.6.2021 for booking room in Shimla from 22.6.2021 to 24.6.2021 to which the OPs responded  to the complainant.  As per page 27 of the written statement email dated 20.6.2021 the booking of the complainant is on hold at Manla Homes Resort, Mashobra from 22 June  to 24 June  which is subject to the payment of AMC  of Rs.5100/- alongwith other charges. As per the OPs the complainant did not come forward to pay the aforesaid charges, hence, the complaint deserves dismissal.
8. After going through the record of the file it is admitted fact that the complainant paid amount of Rs.30,000/- from her hard earned money to the OPs for availing the services of the OPs but it is again proven fact on record that the complainant could not avail any facility in the shape of holiday package from OPs. Hence, the act of OPs by not refunding the amount deposited by the complainants after getting failed to avail any of the service by OPs, amounts to deficiency in service and indulgence in unfair trade practice.
9. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly allowed. OPs are directed as under:-

1. to refund Rs.30,000/- to the complainants with interest @9% P.A.from the date of filing of complaint till payment.
2. to pay Rs.5000/- to the complainants as compensation for causing mental agony and harassment to them;
3. to pay Rs.5000/- to the complainants as costs of litigation.

10.      This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, the payable amounts mentioned at Sr.No.(i) & (ii) shall carry interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
11. Pending miscellaneous application(s), if any, also stands disposed off
12.      Certified copies of this order be sent to the parties free of charge. The file be consigned

			sd/- [Pawanjit Singh]
			President
			Sd/-
			[Surjeet Kaur] Member