DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi- 110016

Case No.340/2018

Mrs. Ranu Bansal

W/o Mr. Anil Bansal

R/o G-1, 1^st Floor

South Extension Part-2

New Delhi-110049.     

Mr. Anil Bansal

R/o G-1, 1^st Floor

South Extension Part-2

New Delhi-110049.                                                      .…Complainants

                                                 VERSUS

Royal Club International

A unit of Royal Timeshare India Private Limited

C-3, 1^st Floor Sector-2

NOIDA (UP)-201301.

Pradeep Kumar

Director, Royal Timeshare India Private Limited

House No.09, Village-Barihari, Kolhui

Maharaj Ganj (UP)-273162.

Arvind Singh

Director, Royal Timeshare India Private Limited

H.No. 105B, Una Enclave, Maur Vihar Phase-I

Opp. Ehlcon International School

New Delhi-110091.

Girender Pratap Singh

Employee ID – RCID03436

Holiday Consultant, Royal Club International

C-3, 1^st Floor Sector-2

NOIDA (UP)-201301.

Avinash Sharma

Venue Manager, Royal Club International

C-3, 1^st Floor Sector-2

NOIDA (UP)-201301.

Vipin Suri

General Manager, Royal Club International

C-3, 1^st Floor Sector-2

NOIDA (UP)-201301.                                                   ….Opposite Parties

Coram:

Ms. Monika A Srivastava, President

Ms. Kiran Kaushal, Member

Present:    Adv. Karti Tiwari for complainant.

Present:    None for OP.

ORDER

Date of Institution:17.11.2018

Date of Order       :28.11.2024

President: Ms. Monika A Srivastava

Complainant has filed the present complaint seeking return of (property/DDA/Club) membership fee, of Rs.2,05,000/- with interest and damages for physical and mental agony along with the litigation expenses of Rs.6,50,000/- in total.  OP-1 is Royal Club International, OP-2 & 3 are Directors, OP-4, 5 & 6 are the employees of OP-1.

1. It is stated by the complainants (for husband and wife) that agreement for membership was executed on 05.07.2018 between the complainants and the OP.  It is stated that complainants made total payment of Rs.2,05,000/- and was provided membership which was valid for 25 years from the date of registration.  Copy of the agreement dated 05.07.2018 and payment are annexed as annexure A-1 and A-2. 

2. It is further stated that on 09.07.2018 complainant received a welcome email from OP-1.  It is stated that the said email stated the benefits available to the complainants and does not mention any exchange fee or any other hidden/additional charges on any ground.  The email is annexed as annexure A-3.

3.  It is alleged by the complainants that the employees of OP-1 had made lucrative proposals with dishonest intention to deceive the complainants in inducing her to buy the membership of OP-1.  As per that agreement complainant was provided a total 25 weeks plus

1. five weeks bonus holidays to be redeemed in 30 years.
2. Celebration packages will be provided for special days which would include one day accommodation in Delhi/NCR with complimentary cake, breakfast, lunch and dinner.
3. In case of extra member a nominal fee of Rs.1,000/- would be charged for a day for a room.
4. If AMC of three years is paid together no AMC charged for next three years.
5. AMC of Rs.7,000/- would not be charged for a particular year if the complainant has not used any services in that particular year.
6. Two rooms/studio apartment would be provided to the complainant for three adult members.
7. One complete holiday package of Dubai (6N 7D) would be provided to the complainant inclusive three air tickets (return) and an accommodation with breakfast, food coupon worth Rs.10,000/- and spa coupon for Rs.5,000/-.
8. Discount on air tickets 20% to 25%.
9. International trip to be confirmed a month before the travelling and domestic trip one week prior to the date of holiday.

4. Vide their email dated 10.08.2018 that OP disputed points regarding only maintenance and discount on air tickets.  Copy of the email dated 19.07.2018 and 9/10.08.2018 are annexed as annexure A-4 (colly).

5. It is further stated that complainant requested to book one day accommodation to celebrate birthday of her son as part of the agreement but the OP after a prolonged delay provided the complainant with one bedroom at Lemon Tree Hotel against the promised two room set/studio apartment.  Complainant raised a concern but OPs did not pay any heed. 

6. It is stated that complainants had to go through physical and mental agony as there was no adequate space to accommodate three persons. It is stated that OPs instead of being apologetic decided to revoke the promises made by them at the time of execution of agreement by not providing accommodation for birthday and marriage anniversary events.  After much persuasion OPs provided the complainant with just one room at Umrao on 23.08.2018 on the occasion of her birthday but did not provide any dinner. Complainants raised a concern vide email dated 03.08.2018 and thereafter on 14.08.2014. Copy of the said emails are annexed as annexure A-6 (colly). 

7. It is further stated that though the complainant was promised Login Id Password and the Dialer exchange card but it was a mere eyewash and the complainant could not avail any services without Login Id and Dialer exchange card.

8. Complainant then asked OP-4 to add addendum mentioning the details of Dubai trip as promised  which was added but which nowhere mentioned exchange fee/additional charges.  Copy of the addendum is attached as A-7.  The complainant planned her trip to Dubai, OP then demanded amount of $359+18% GST as exchange fee and told the complainant that the trip is not included in the membership plan.  Copy of email dated 30.08.2018 till 05.09.2018 are annexed as annexure A-8 (colly). 

9. It is further stated that as per audio regarding between the complainant No.-2 and OP-6, exchange fee is applicable only when the member wants to switch to any hotel which is not included in the list of tied-up hotels of OP-1.  The said CD containing audio recording regarding details on exchange fee and Dubai trip are annexed as annexure A-10. It is further stated that complainant did not demand any specific hotel that was not included in the list of tied up hotels.

10. It is the case of the complainant that the whole process of membership is flawed to cheat the gullible investors and that the complainant is a victim/motives/evil designs/fraudulent intentions on the OP.

11. In its reply, it is stated by the OP that complainant had opted for studio apartment which has occupation for two adults and two kids. Due to non-availability of studio apartment, a deluxe room was provided and prior to their visit complainant was made aware of the room type as ‘one business double room’ and not two room set for three adults.

12. As far as Dubai trip is concerned, it is stated that it was complementary trip given for becoming a member with OP-1 and could be availed only in mid-season. This offer was also mentioned in the approval form which is annexure A-1 of the complaint.

13. In their rejoinder, complainants have reiterated the averments made in the complaint. 

14. Right of OP-1 to file evidence was closed.  This Commission has gone through the entire material on record. 

15. Complainant has placed on record payment receipt of Rs.2,05,000/- dated 05.07.2018.  As per email dated 09.07.2018 terms and conditions categorically mentions that “accommodation shall be provided in regular and superior rooms for studio members and two such rooms will be given to member who have bought one bed room membership”.  It is also seen from the emails dated 10.08.2018 wherein points 1, 2, and 4 raised by the complainants. Point 2 refers to two rooms/studio apartment and point 3 talks about one complete holiday package of Dubai including airfares (return)  with breakfast, Rs.10,000/- food coupons and Rs.5,000/- spa coupons.  These facilities were not provided to the complainant despite request.

It is evident from the mails and from the reply filed by the OP where evasive denial has been made by the OP that OP has been deficient in its services and is therefore OP-1 to OP-6 are liable to pay a refund Rs.1,75,000/- after deducting charges towards holiday at Lemon Tree and Umrao with interest @ 5% per annum from the date of filing i.e. September 2018 till realisation.

Copy of the order be given to the parties as per rules. File be consigned to the record room. order be uploaded on the website.