Haryana

Kaithal

314/21

Manoj Kumar - Complainant(s)

Versus

M/s Karma Resort & Hospitality LLP Iscon Emporia - Opp.Party(s)

Sh.Ashok Gautam

21 Mar 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.

                                                 Complaint Case No.314/2021.

                                                 Date of institution: 24.12.2021.

                                                 Date of decision:21.03.2023.

Manoj Kumar Anand age 45 years son of Sh. Suresh Kumar, resident of Village Siwan, District Kaithal (Haryana).

 

                                                                        …Complainant.

                        Versus

1. M/s. Valorah, Iscon Emporia, 331, 3^rd floor Satelite, Ahmadabad, Gujarat-380015 through its Director/Partner/Prop.
2. Gaurav Singh, Chief Sales Officer, M/s. Valorah, Iscon Emporia, 331, 3^rd floor Satelite, Ahmadabad, Gujarat-380015.

….Respondents.

Complaint under Section 35 of the Consumer Protection Act, 2019.

 

CORAM:     SMT. NEELAM KASHYAP, PRESIDENT.

                SMT. SUMAN RANA, MEMBER.

                SH. SUNIL MOHAN TRIKHA, MEMBER.

 

Present:     Sh. Ashok Gautam, Advocate, for the complainant.   

                Respondents exparte.

               

ORDER

NEELAM KASHYAP, PRESIDENT

        Manoj Kumar-Complainant has filed this complaint under Section 35 of Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the respondents.  

                    In nutshell, the facts of present case are that the respondent No.1 is a Holiday accommodation service having its branch office at Ahmadabad (Gujarat) and the respondent No.2 is the Chief Sales Officer of respondent No.1.  The case of complainant is that on 12.05.2021 one of the employee of respondent No.1 namely Ms. Priya Rajput, who introduced herself as Sales Officer made a telephonic call to the complainant and allured him to take a membership of respondent No.1 and told that they are offering stay for 15 nights and 16 days throughout India and the membership is valid for 3 years and she further told that the hotels will be minimum 4/5 Star and the membership fee was told as Rs.45,000/.  On next day, Ms. Priya Rajput again made a telephone call to the complainant and the deal was settled for membership fees as Rs.40,000/- for four adults for 15 nights and 16 days including breakfast and dinner.  It is further alleged that as per the allurement of respondents, the complainant transferred an amount of Rs.40,000/- from his Google Pay Account which is connected to HDFC Bank Branch Siwan, District Kaithal to the account of respondent No.1 bearing No.50200045663145 of HDFC Bank Ahmadabad on 16.05.2021.  It is further alleged that on 17.05.2021, the complainant received an e-mail from respondents confirming the receipt of payment by them and on 18.05.2021 the complainant again received an e-mail from the respondents which was having a welcome letter/E-card in which member ID No.14084 was mentioned and details of membership were given.  After going through membership details, the complainant was astonished to see that respondents have mentioned three adults instead of four adults.  The complainant raised the objections regarding the above misleading by the respondents but the respondents did not redress the grievances of complainant.  So, it is a clear cut case of deficiency in service on the part of respondents and prayed for acceptance of complaint.   

2.             Upon notice, the respondents did not appear and opted to proceed against exparte vide order dt.17.10.2022 of this commission.

3.             The complainant tendered in evidence affidavits Ex.CW1/A alongwith documents Annexure-C1 to Annexure-C17 and thereafter, closed the evidence.     

4.             We have heard the learned counsel for complainant and perused the case file carefully and minutely.

5.             Ld. counsel for the complainant argued that the respondent No.1 is a Holiday accommodation service having its branch office at Ahmadabad (Gujarat) and the respondent No.2 is the Chief Sales Officer of respondent No.1.  It has been argued that on 12.05.2021 one of the employee of respondent No.1 namely Ms. Priya Rajput, who introduced herself as Sales Officer made a telephonic call to the complainant and allured him to take a membership of respondent No.1 and told that they are offering stay for 15 nights and 16 days throughout India and the membership is valid for 3 years and she further told that the hotels will be minimum 4/5 Star and the membership fee was told as Rs.45,000/.  It has been further argued that on the next day, Ms. Priya Rajput again made a telephone call to the complainant and the deal was settled for membership fees as Rs.40,000/- for four adults for 15 nights and 16 days including breakfast and dinner.  It has been further argued that as per the allurement of respondents, the complainant transferred an amount of Rs.40,000/- from his Google Pay Account which is connected to HDFC Bank Branch Siwan, District Kaithal to the account of respondent No.1 bearing No.50200045663145 of HDFC Bank Ahmadabad on 16.05.2021.  It has been further argued that on 17.05.2021, the complainant received an e-mail from respondents confirming the receipt of payment by them and on 18.05.2021 the complainant again received an e-mail from the respondents which was having a welcome letter/E-card in which member ID No.14084 was mentioned and details of membership were given.  After going through membership details, the complainant was astonished to see that respondents have mentioned three adults instead of four adults.  The complainant raised the objections regarding the above misleading by the respondents but the respondents did not redress the grievances of complainant.

6.             As per e-mail dt. 15.05.2021, Annexure-C4 issued by the respondents to the complainant, it is clear that the membership amount was Rs.40,000/- which was valid for 3 years and it was purchased in the capacity for 4 Adults.  From the document Annexure-C6, which is copy of payment receipt of Rs.40,000/-, it is clear that the complainant made the payment through online to the respondents.  The grievance of the complainant is that the respondents tried to change the deal and has drawn our attention towards the document Annexure-C8, wherein it is clearly mentioned in the column of Membership Eligibility-3 Adults.  The another grievance of the complainant is that the respondents send e-mail which is Annexure-C12, wherein in the column of capacity, it is mentioned “2 Adults and 2 Kids below 12 years either 3 Adults”.  The complainant made correspondence with the respondents through e-mails as per Annexure-C9 to Annexure-C11 and requested that the e-mail send to him by the respondents is not according to deal.  Lastly, the respondents send e-mail as per Annexure-C17 and stated that Karma Suits and “Karma Resorts and Hospitality will be rebranding to Valorah”.  The complainant issued legal notice dt. 02.11.2021 to the respondents as per Annexure-C1 but the respondents neither replied the legal notice nor redress the grievances of complainant.  Respondents are also proceeded against exparte as they did not appear in the court even one time.  So, the evidence adduced by the complainant goes unrebutted and unchallenged against the respondents.  Hence, the act of respondents amounts to deficiency in service on their part.         

7.             Thus, as a sequel of above discussion, the present complaint is accepted exparte with cost.  The respondents jointly and severally are directed to refund the amount of Rs.40,000/- to the complainant within 45 days from today.  The respondents are further directed to pay Rs.5,000/- as compensation on account of physical harassment and mental agony as-well-as Rs.5,000/- as litigation charges to the complainant. 

8.             In default of compliance of this order, proceedings against respondents-OPs shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.

Announced in open court:

Dt.:21.03.2023.

                                                                (Neelam Kashyap)

                                                                President.

 

(Sunil Mohan Trikha),           (Suman Rana),          

Member.                            Member.

 

Typed by: Sanjay Kumar, S.G.