- The grouse of the complainant is, on 19.3.2017, he had taken membership of OPs whereby they offered to arrange holidays stay in 5-Star resorts for which he was required to make first down payment of Rs.85,557/- and thereafter one year EMI of Rs.10,695/- per month starting from March 2018. The complainant made the payment of Rs.85,557/- to the OPs. The complainant’s case is, he requested the OPs to book three rooms for him and his family members at Goa in June 2019. However, when complainant and his family members reached Goa on 20.6.2019, he found many deficiencies in the rooms provided like there was dirt outside the rooms, room service was very poor, location of resort was in a narrow street, there was no cleaning near the swimming pool, there was nothing called activity, there were many mosquitoes in the room etc. The complainant had paid Rs.50,000/- to the OPs.
- The complainant’s further case is, on 3.11.2019, he had lost credit card, but, the OPs had debited the amount of Rs.16,085/- from his credit card without his consent. Report was also lodged regarding missing credit card. Thereafter, the complainant requested the OPs to cancel the membership and refund the amount, but, they failed to do so. Hence, the present consumer complaint for directing the OPs to refund the amount of Rs.2,01,282/- alongwith interest, compensation of Rs.1,00,000/- and Rs.33,000/- as litigation fee.
- A meticulous perusal of the allegations made in the consumer complaint and the documents annexed herewith do not show what were the terms and conditions of the membership. Per own record of the complainant i.e. Annexure C-1, membership period was 25 years. A perusal of the terms and conditions was necessary what sort of rooms and facilities were to be provided, but, the said document has not seen the light of the day.
- The complainant had alleged the ground of cancellation as the services provided to him by OPs were not upto the mark. However, what was the benchmark for providing the said services has not been disclosed. Everything has been allegated viz. dirt outside the room. How, the room service was poor, not disclosed. What sort of location was required which was not provided and what sort of cleaning was not done in the swimming pool and what activity was required which was not provided. It was also alleged there were many mosquitoes in the room. It is not the complainant’s case, mosquito repellents were not provided/fitted in the rooms provided. These seem to be cooked up grounds for claiming refund in the absence of production of terms and conditions.
- There is unnatural version that from the credit card which was lost on 3.11.2019, OPs had debited Rs.16,085/-. It is not his case, entire amount in his credit card was siphoned off and while operating the credit card OTP is generated in the mobile. It is also not the case of the complainant that the mobile was also lost. A missing report was lodged which seems to be manufacturing of evidence. This also shows some settlement was made and the complainant had paid the amount, but, he has concealed details of all these facts in his consumer complaint.
- From the above material on record, we find it is not an admitable consumer complaint and proceed to dismiss the same, at preliminary stage. Ordered accordingly.
- The certified copies of this order be sent to the complainant free of charge. The file be consigned.
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