BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 140 of 2023.
Date of Institution : 21.03.2023.
Date of Decision : 26.04.2024.
Reetu Gupta wife of Sh. Vikas Kumar Gupta, resident of Kumar Traders, Near Khalsa School, Sirsa, Distt. Sirsa.
……Complainant.
Versus.
Rangers Club Private Limited through its Authorized Signatory/ Authorized Person 901, Logix Office Tower, Sector-32, Noida (U.P) – 201301.
...…Opposite party.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT
SMT. SUKHDEEP KAUR……………………….MEMBER.
Present: Sh. Sandeep Kamboj, Advocate for complainant.
Opposite party already exparte.
ORDER
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to OP).
2. In brief, the case of complainant is that complainant is consumer of the op for availing the services of the Tourist Hotel Complex being provided by op under the Membership ID no. 122433 and Sh. Vikas Kumar Gupta husband of complainant is the co beneficiary of the said member ID. That op is engaged in the business of providing the rooms for enjoying family happy vacations etc. and out of allurement on their part through the authorized official of op at Sirsa the complainant has joined the club of the op vide membership ID No. 122433 valid from June, 2021 to May, 2031. As per terms of their club, the complainant has paid a sum of Rs.1,40,000/- in advance against the said membership at Sirsa and after deposit of said amount from them, the op issued the receipt. It is further averred that op assured them that as per the membership the facilities of six nights and seven days studio/ deluxe rooms for family vacations per year free of cost for a total period of 10 years will be provided to the complainant, however, as per the terms of the membership, a sum of Rs.8500/- as annual subscription fees are to be payable by complainant for which the complainant also became agreed. That against the said membership, the complainant has availed facility of room for four nights and five days at Rishikesh in the month of August, 2021 and Goa in the month of December, 2021. That thereafter in the month of April 2022, the complainant had planned to enjoy with her family at Mansoori (Uttarakhand) and for this the complainant and her husband had sent email to the op at their email ID rd July 2022 to 06th July, 2022 with detail of two adults and two kids of 13 and 09 years of age but the op completely failed to provide the services of room of their club to the complainant. It is further averred that it is pertinent to mention that complainant has also planned for her family visit at Shimla and the correspondence was made at their email ID but this time also the op failed to provide the rooms of their club to the complainant and her husband free of cost. That thereafter complainant and her husband made request and correspondence to the op and frequently asked the place where the self owned rooms or the Tie-up properties (not in exchange) of their club are available and email was sent on 20.04.2022 but the op failed to provide any information rather the op out of their cleverness and in order to earn the wrongful gains have replied that the availability of the rooms at Sterling Kufri through exchange network are only to be provided subject to applicability of fees of Rs.1917/- per night per room. That in this way despite charging advance amount of Rs.1,40,000/-, the op only provided the rooms for four days and five night once a time at Rishikesh and Goa and thereafter op completely failed to provide the self owned rooms or Tie-up properties to the complainant and her husband. It is further averred that on account of this failure and unfair trade practice on the part of op, the complainant and her husband had to book and manage the rooms at their own level by spending the big amount as fees of the rooms as per norms of the concerned Hotel. It is further averred that by way of such like conduct, the op has committed the act of cheating and breach of trust and misappropriate of funds of the complainant and her husband and the op out of their cleverness and with dishonest intention has cheated them for an amount of Rs.1,40,000/- as this amount has been duped from them by way of fake and false enticement and as such they reserve their right to see the op under the criminal code. That a legal notice was also got served upon up by complainant but to no effect. Hence, this complaint seeking direction to the op to refund the amount of Rs.1,40,000/- alongwith interest and also to pay compensation of Rs.50,000/- for harassment and to pay litigation expenses.
3. Notice of the complaint was issued to the op through registered cover but none appeared on behalf of op despite delivery of notice. Hence, op was proceeded against exparte.
4. The complainant in evidence has tendered her affidavit Ex. CW1/A and documents Ex.C1 to Ex.C6.
5. We have heard learned counsel for the complainant and have perused the case file.
6. The complainant in order to prove her complaint has furnished her affidavit Ex. CW1/A in which she has reiterated all the contents of her complaint. The complainant has also placed on file worksheet/ approval form of op dated 22.06.2021 Ex.C1 vide which it was agreed between the parties that amount of Rs.1,40,000/- will be charged by op from complainant for providing above said facility of rooms when complainant and her family members for ten years will plan family vacations. Accordingly op charged an amount of Rs.1,40,000/- from complainant and issued membership ID number 122433 to the complainant as is evident from worksheet/ approval form Ex.C1 containing pages five and also from email Ex.C2. According to complainant, the op only provided facility of room for four nights and five days at Rishikesh in the month of August 2021 and Goa in the month of December, 2021 and thereafter failed to provide the services of room when they visited Mansoori from 03.07.2022 to 06.07.2022 and also failed to provide any information with regard to the rooms owned by them or tie-up properties rather asked the complainant that rooms at Sterling Kufri through exchange network will be provided subject to payment of fees of Rs.1917/- per night per room. In this regard complainant has also placed on file emails of op as Ex.C4. From tax invoice Ex.C3, it is proved on record that on 28.02.2022 husband of complainant had paid an amount of Rs.5800/- and GST charges etc. for room in Radisson hotel and then on 01.03.2022 he had paid another amount of Rs.5000/- and GST charges for room in said hotel. So, it is proved on record that despite charging huge amount of Rs.1,40,000/- from complainant, the op failed to provide room facility to the complainant while their visit during vacation period and they still had to pay amounts for taking rooms in hotel despite assurances of providing room facility by op and as such op has adopted unfair trade practice and has caused deficiency in service and unnecessary harassment as well as financial loss to the complainant. So, complainant is entitled to refund of the amount of Rs.1,40,000/- from op besides compensation for harassment.
7. In view of our above discussion, we allow the present complaint and direct the opposite party to make refund of the amount of Rs.1,40,000/- to the complainant alongwith interest at the rate of @6% per annum from the date of filing of present complaint i.e. 21.03.2023 till actual realization within a period of 45 days from the date of receipt of copy of this order. We also direct the op to further pay a sum of Rs.10,000/- as compensation for harassment and Rs.5000/- as litigation expenses to the complainant within above said stipulated period. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced. Member President
Dt. 26.04.2024. District Consumer Disputes
Redressal Commission, Sirsa.
