BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 11^TH DAY OF OCTOBER 2022

ORDER

SRI.H.JANARDHAN, MEMBER

1. This complaint has been filed in person  seeking relief against the OP for refund of entire amount of Rs.2,25,000/- along with interest at 9% p.a. from payment till realization, to  pay compensation to the tune of Rs.50,000/-, Rs.50,000/- towards cost of litigation  and such other reliefs. 

2.  The brief facts of the complaint are as follows:-

The complainant received call from the OP on 23.09.2021 inviting the complainant with family for grand family holiday event that took place at Hotel Taj, Bengaluru. After which the complainantattended the event with her husband on 25.09.2021 and OP has explained the membership programme and allured the complainant to take membership costing Rs.2,50,000/-. They shown variousluxury resorts in domestic and international locations. On the membership including a complimentary 03 nights/04 days holiday in Dubai, Bangkok or Maldives with 02 days flight ticket and breakfast and lunch/dinner. They also promised the complainant an air port drop includingthe package without extra charges. The complainant allured with their promise and agreed to negotiated the price of package at Rs.2,25,000/- and paid full amount through credit card of her husband card in two transactions of Rs.1,50,000/- and Rs.75,000/- respectively. The complainant received membership card bearing no.20210929105644 and membership ID 16082 with details on 29.09.2021 along with welcome kit and Karma Resorts and Hospitality.After receiving the membership card, the complainant contacted the OP on 01.10.2021 for 03 nights/04 day holiday offer package for Maldives from 26^th December. The complainant also requested to add 02 more days from 6nights/7 days. Utter surprise of complainant, receiving make excuses one after another and on 04.10.2021 and communication through WhatsApp was made to them when it was replied that they are on month closing and insisted the complainant to wait for further response. But complainant waited there was no communication till 12.10.2021. Again WhatsApp Text on 12.10.2021 which was replied by one Irshad who promised to update next date. Again on 13.10.2021 OP sent WhatsApp text reply saying that he was not there sohe could not reply. Finally on 18.10.2021 again whatsapp text all the booking of destinations were full till March 2022. When the complainant requested on 28.10.2021 to one Ms.Hinal Solanki, who disconnected the call. Again the complainant tried to contact, but did not receive the call and the complainant contacted National Consumer Helpline for redressal and NCH had registeredher grievanceand created docket of her grievance against the OP.The OP never responded for any of the mails of NCHand remindersand the complainant came to know that she was trapped by the OP and OP has not made any arrangements to meet the complainants promises. The complainant left with no other option filed present complaint before this commission for redressal of the grievance seeking refund of entire amount paid for the services. Hence, this complaint.

3. Notice served on OP, but  OP did not appeared and hence OP is placed exparte.

4.  The complainant failed to adduce evidence despite sufficient opportunity granted.

5. The complainant neither filed written argument nor submitted oral arguments. Perused the records of the  complaint.

6. The points that would arise for our consideration are as under:-

1. Whether there is deficiency in service on the part of the OPs?
2. Whether the complainant is entitled for the reliefs as sought for?
3. What order?

7. Our answer to the above points are as under:

       Point No.1:- Negative.

      Point No.2:- Negative.

      Point No.3:-As per the final order.

REASONS

8.  Point No.1 & 2: On perusal of the pleadings, it is seen that the complainant had taken membership with the OP  amounting to Rs.2,50,000/-, but the complainant has made payment of Rs.2,25,000/- to the OP  for  getting membership of the holiday package and the complainant has obtained membership card bearing no.20210929105644 and membership ID 16082 with details on 29.09.2021 along with welcome kit and card. After obtaining the membership card, the complainant also received detailed membership facilities/brochure, which is produced by the complainant as Annexure-B. On perusal of the said member facilities/brochure, the terms and conditions which is specified in  clause-6.2 of the terms and conditions, which  provides conditions for cancellation of the membership reads thus

General conditions:

6.1:Withdrawal of application and terms of refund:

Members are allowed a period of 07 calender days from the date of KRAH realization of down payment to withdraw the membership application and claim a full refund. If the application of withdrawal duly signed by the member (in case of joint application both the principle member and co-applicant lies not received by KRAH within the 7 calender days from the date of receipt of the down payment, the members right to claim the withdrawal and the members entitlement full refund shall lapse. For the purpose of making this important communication on time, KRAH recommends that you use speed post or registered post or courier services for communicating with KRAH.

6.2: Cancellation by members:

6.2(a): A member can terminate the membership during membership usage period by tendering a request in writing duly signed by both the applicant and co-applicant. In the event the communication for withdrawal of application by the application is received beyond days from the date of KRAH realization the down payment made by him it shall be treated as a request for cancellation(as opposed to withdrawal of application detailed under clause 6.1 above rules for cancellation shall apply. As observed in clause-1.3 about, AF amounting to 60% of the membership price is non-refundable and only 40% of the EF is payable subject to deductions as stated in clause below.

More  ever the complainant has not made any application and sought for cancel the membership and complainant  has only sought  the refund  of the amount. The terms and conditions which are envisaged in the membership brochure as per annexure-B, the complainant was to make application for refund within a period of 07 calender days  and more over the complainant is also not made any application for cancellation of the membership within a stipulated period of 07 days. The complainant seeks only for refund of the amount which is contrary  to the clause-6.1 & 6.2  of the terms and conditions of the agreement. Further more the parties to the contract had to strictly adhere to the terms and conditions.  Hence,  we answer the point no.1 &2 in the negative.

9.  Point no.3:- For the for going reasons,  Accordingly, we proceed to pass the following 

O R D E R

1. The complaint is dismissed without cost.
2.  Furnish the copy of this order to both the parties, and return the spare pleadings and documents to the complainant. 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 11^th  day of October, 2022)

Documents produced by the Complainant-PW.1 are as follows:

Documents produced by the representative of opposite party – R.W.1 :  Nil.