Chandigarh

DF-I

CC/500/2020

Pooja Jain - Complainant(s)

Versus

M/s Royals Club International - Opp.Party(s)

Varinder Arora

26 Oct 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/500/2020
Date of Institution	:	02/11/2020
Date of Decision	:	26/10/2021

 

1. Pooja Jain aged 41 years w/o Sh. Supreet Jain.
2. Supreet Jain aged 42 years s/o Sh. Sudesh Kumar Jain

     Both residents of House No.702, Lyra Taj Towers, Sector 104, SAS Nagar (Mohali)

… Complainants

V E R S U S

M/s Royals Club International, having its Central Reservation Office at B-135, Second Floor, Sector 2, Noida (UP)-201301, through its Director.

… Opposite Party

CORAM :	SHRI RAJAN DEWAN	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh. Varinder Arora, Counsel for complainants
	:	OP ex-parte.

 

Per Rajan Dewan, President

1.      Allegations in brief are, officials of OP met the complainants to explain holiday package by representing as a reputed company in the field and they were allured to purchase a holiday package. On 12.9.2020, approval form was filled for Gold Membership for 20 years against annual membership of ₹2,50,000/- with additional annual maintenance charges of ₹8,500/-. Complainants were also informed that there was a complementary stay of three nights in India. Apart from that two air tickets of ₹35,000/- each were also offered by the OP to the complainants for adults and booking of birthday celebration of family member was also mentioned in the approval form. Subsequently membership application form was also got executed between the parties. Averred there was total contradiction between the oral explanation and execution of the plan. Complainants were offered one night accommodation on birthday of each family member and also informed that OP had tie-ups with more than 500 resorts, but, later on it was informed that it had tie-ups with only 50 hotels. Complainants were further allured that they could avail international destination. The complainants sent an email dated 7.10.2020 for booking of hotel on the occasion of birthday of complainant No.2 on 27.10.2020, but, nothing was done. Maintained, complainants had made payment of ₹2,00,000/- towards membership and ₹8,500/- as annual maintenance charges to the OP, but, it failed to provide any service to them. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OP, complainants have filed the instant consumer complaint.
2.     Registered notice sent to OP was presumed to have been served. Since none appeared on behalf of OP, therefore, vide order dated 9.2.2021 of this Commission, it was proceeded against ex-parte.
3.     Complainants led evidence by way of affidavit and documents.
4.     We have heard the learned counsel for the complainants and gone through the record of the case.
5.     Annexure C-1 is copy of approval form bearing Sr.No.19602 dated 12.9.2020 of OP filled by the complainants for availing 20 years Gold membership having membership fee of ₹2,00,000/- and ₹8,500/- as annual maintenance. Annexure C-2 is copy of Membership application form signed on 12.9.2020.  Annexure C-3 is email sent by the complainant on 29.9.2020 with the request to book a studio suite on 27.10.2020 for the birthday of complainant No.2. This email was followed by another email on 7.10.2020. Annexure C-4 is the schedule of the membership. Complainants have also filed their duly sworn affidavit in support of their contentions.
6.     It has been argued by the learned counsel for the complainants that believing the projections of the OP, complainants had availed the membership of the OP for a period of 20 years and paid the hefty membership fee of ₹2,00,000/- and ₹8,500/- as annual maintenance charges. It has been further argued that when the complainants requested the OP vide email dated 29.9.2020 and 7.10.2020 to make reservation on the birthday of complainant No.2 at Rameshwar Fort, Solan on 27.10.2020 for two adults and two kids, no response was received from the OP due to which the birthday was spoiled and complainants felt duped which caused a lot of harassment to them.
7.     On the other hand, in order to rebut the allegations of the complainants, it was obligatory for the OP to have filed its written reply alongwith some cogent evidence. However, what to talk of rebutting the allegations, OP did not put in appearance before this Commission and chose to be proceeded against ex-parte. This act of the OP draws an adverse inference against it and proves that it has nothing to say in its defence qua the allegations made by the complainants. In the absence of anything to the contrary, the allegations of the complainants go unrebutted and uncontroverted.
8.     In the present case, the membership application form was executed between the parties on 12.9.2020; complainants had sent email dated 29.9.2020 to the OP to make booking which was followed by another email dated 7.10.2020 and when no response was received, complainants immediately filed the instant consumer complaint on 2.11.2020 i.e. within a period of less than two months of the execution of the application form and just 26 days of the last email to which no reply was received.
9.     It is important to note here that the companies like the OP dealing in providing holiday packages while soliciting membership from the customers offer various promises and paint a very rosy picture in front of them about their services. However, when time comes for fulfilling the said promises or making booking, they fail to comply with the same.  Feeling harassed and duped, when such a consumer approach them for refund, they refuse to do so under the garb of some clause in the agreement that the amount is not refundable. This is highly unethical practice on the part of OP and it cannot be allowed to gulp the huge amount of ₹2,00,000/- and ₹8,500/- paid by the complainants without providing any services to them. Hence, OP is liable to refund the deposited amount to the complainants and also pay compensation for inconvenience caused to them. 
10.     In view of above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to refund the amount of ₹2,00,000/-  as membership fee and ₹8,500/- as annual maintenance charges, paid by the complainants, alongwith interest @9% per annum w.e.f. 12.9.2020 till realisation.
2. to pay an amount of ₹15,000/- to the complainants as compensation for causing mental agony and harassment to them;
3. to pay ₹7,000/- to the complainants as costs of litigation.

11.     This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) &  (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of remaining directions.
12.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
26/10/2021	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rajan Dewan]
hg	Member	Member	President