Chandigarh

DF-II

CC/272/2020

Anupma Garg - Complainant(s)

Versus

Panoramic Holidays Ltd. - Opp.Party(s)

Adv.Gaurav Gupta

03 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	CC/272/2020
Date of Institution	:	09/07/2020
Date of Decision	:	03/09/2024

       

                                       

                       

 

 

Anupma Garg w/o Nitesh Garg r/o H.No.207, Amravati Enclave, Panchkula.

                                ...  Complainant

VERSUS

Panoramic Holidays Ltd. (Magic Holidays), Office :- Aman Chamber, 4^th Floor, Opposite New Passport Office, Veer Savarkar Road, Prabhadevi, Mumbai-400025 through its Managing Director/Authorised Signatory Sh. Arun Bhagwan Tari.

…. Opposite Party

 

BEFORE:
	SHRI AMRINDER SINGH SIDHU	PRESIDENT
	SHRI S.K. SARDANA	MEMBER
ARGUED BY:
	Sh. Gaurav Gupta, Counsel for complainant
	Sh. Sandeep Panwar, Counsel for OP (through VC)

       

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.        The complainant has filed the present consumer complaint pleading that in the month of December 2017, she received a telephonic call from the OP whereby she was told that she had won a gift voucher of 6 nights 7 days in any 5 star hotel from the OP company as company promotion policy and she was told to collect the gift voucher from the office of OP situated at Sector 35-C, Chandigarh. Accordingly, on 10.12.2017, complainant alongwith her husband visited the office of the OP at Sector 34, Chandigarh to collect her free gift vouchers whereby OP offered her to purchase membership package of the OP having free stay in any 5 star hotel of choice throughout India as well as in any other country of the world.  The complainant alleged that she was trapped by the OP in their clever talks and she agreed to purchase the Magic Holiday membership namely “Flex Magic” costing ₹2,22,000/-. The complainant paid ₹27,750/- to the OP alongwith the application form of membership and the rest of payment of the package was to be paid through monthly EMI of ₹5,505/-. The OP took the complainant’s signature on blank application form and terms and conditions of the said membership were never provided to her. On 15.12.2017, complainant requested the OP to provide 5 Star rating hotel in Udaipur (Rajasthan) for stay from 27.12.2017 to 31.12.2017 but the OP refused the request with the reason that the booking is already full for Udaipur due to peak season.  In the month of January 2018, complainant again requested the OP to provide booking of hotel for his family at Manali, Himachal Pradesh but the OP again refused to provide the booking on the same ground i.e. peak season.  The complainant felt very disappointed as she had already paid ₹1,26,840/- and vide email dated 23.8.2019 she requested the OP to refund the said amount.  However, the OP neither provided any service to the complainant nor refunded the amount to her.  Alleging that the aforesaid acts of omission and commission on the part of OP amounts to deficiency in service and unfair trade practice, complainant has filed the instant complaint seeking refund of ₹1,26,840/- alongwith interest, compensation and litigation expenses.
2.        In its written version OP, inter alia, took preliminary objections that the consumer complaint is false, frivolous, vexatious and not maintainable; complainant is not a consumer and there is no deficiency in service on the part of OP.  On merits, the OP admitted that complainant had taken the Flexi Magic Membership from the OP with 7 nights of free stay holidays per year during 25 years costing ₹2,22,000/- but instead of paying the full membership fee, she paid only down payment of ₹27,750/- and opted for monthly EMI of ₹5,505/- for paying the balance amount. Thus, the contract is not concluded between the parties and the complainant shall be entitled to get the service of the OP after full and final payment. It is averred that the terms and conditions were supplied to the complainant and signed by her. The complainant was also given free look period of 10 days but she did not avail the same and thereafter, as per rules, paid amount cannot be refunded. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service or unfair trade practice on its part, OP prayed for dismissal of the complaint.
3.        The parties filed their respective affidavits and documents in support of their case.
4.        In replication, complainant controverted the stand of the OP and reiterated her own.
5.        We have heard the learned Counsel for the parties and have gone through the documents on record.
6.        The main question involved in the present consumer complaint is whether there is any deficiency in service or unfair trade practice on the part of OP or not?

              In order to find out answer to the above mentioned question, it is necessary to discuss the following facts and circumstances.

7.        It is an admitted fact that the complainant was informed telephonically by the OP that she had won gift voucher of 6 nights 7 days stay in any 5 star hotel from the OP as company promotion policy and asked her to collect her gift voucher from its office situated at Sector 35-C, Chandigarh. When the complainant alongwith her husband went to collect her gift voucher, OP offered them membership package namely “Flex Magic” for total cost of ₹2,22,000/-. The complainant paid ₹27,750/- and the rest of the payment of the package was to be paid through monthly EMI of ₹5,505/-. At the time of taking the advance amount of ₹27,750/-, OP did not inform the complainant that she shall be entitled to avail the benefit of membership only after making full payment.  Thus, OP violated very important right of consumers i.e. Right to Information provided under the Consumer Protection Act, 2019 (as amended upto date).
8.        Moreover, OP kept on retaining the aforesaid advance payment made by the complainant and thereafter also received EMI of ₹5,505/- per month but when the complainant requested for a holiday package of stay at Udaipur  from 27.12.2017 to 31.12.2017, the OP refused the same on the ground that it is peak season.  Again in the month of June 2018 when the complainant requested the OP to provide booking of hotel for his family at Manali (HP), the OP again refused on the same ground of peak season.  There is no email or notice sent by the OP to the complainant that she would be entitled to avail the benefit of membership only after full payment but declined her request twice on account of peak season which is not justified as she was not told about it at the time of receiving the advance amount of ₹27,750/- and thereafter receiving total amount of ₹1,26,840/-.  Hence, the act of the OP in collecting amount of ₹1,26,840/- from the complainant without informing her that she should be entitled to benefit only after making full payment and not providing any service to her certainly amounts to deficiency in service and unfair trade practice on its part. 
9.        In view of the above discussion, present consumer complaint succeeds, the same is accordingly partly allowed and the OP is directed to refund the amount of ₹1,26,840/- alongwith interest @ 6% per annum from the date of filing of the present consumer complaint till the date of its actual realization. 
10.        This order be complied with by the OP within 45 days from the date of receipt of its certified copy.
11.        The pending application(s), if any, stands disposed of accordingly.
12.        Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced 03/09/2024 hg	(AMRINDER SINGH SIDHU) PRESIDENT
	(S.K. SARDANA) MEMBER