Haryana

Kaithal

189/19

Dr.Neelam Kakkar - Complainant(s)

Versus

Royals Club International - Opp.Party(s)

Sh.Kabir Dhall

04 Oct 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.

Complaint Case No.189 of 2019.

Date of instt.:08.07.2019.

                                                        Date of Decision:04.10.2023.

Dr. Neelam Kakkar w/o Dr. B.B.Kakkar, r/o 740-SP, Sector 19-II, HUDA, Kaithal (HR.).

 

                                                                ……….Complainant.                               Versus

1. Royal Club International (A unit of Royals Timeshare India Pvt. Ltd.), B-135, Second Floor, Sector-2, NOIDA, UP-201301 through Abhishek & Avinash Sharma.
2. Mr. Abhishek Dealing persons c/o Royals Club International (A unit of Royals Timeshare India Pvt. Ltd.), B-135, Second Floor, Sector-2, NOIDA, UP-201301.
3. Avinash Sharma, representative Royals Club International (A unit of Royals Timeshare India Pvt. Ltd.), B-135, Second Floor, Sector-2, NOIDA, UP-201301..

M:-9205739313.

..………OPs.

 

Complaint under Section 12 of the Consumer Protection Act

                                                                                               

CORAM:     SMT. NEELAM KASHYAP, PRESIDENT.

                SMT. SUMAN RANA, MEMBER.

                SH. SUNIL MOHAN TRIKHA, MEMBER.

 

Present:     Sh. Kabir Dhall, Advocate for the complainant.   

                Sh. Pardeep Dhull, Adv. for the OPs.

               

ORDER

NEELAM KASHYAP, PRESIDENT

          Dr. Neelam Kakkar-Complainant has filed this complaint under Section 12 of Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the OPs.

2.                In nutshell, the facts of present case are that the OPs contacted the complainant on 10.12.2018 on her mobile number and lured her to visit Hotel Grace at Kaithal to attend the doctors meeting in which the doctors were to be given free package travelling tour in India for three nights and four days.  It is alleged that in the meeting, the OPs offered a package of Rs.2,20,000/- with EMI and handed over membership application form.  Thereafter, the representatives of OPs visited the house of complainant and compelled her to deposit the amount of Rs.2,00,000/- which were transferred in the OPs account and also obtained signature of complainant and her husband on some blank and printed unfilled papers.  Thereafter, the complainant was compelled to deposit Rs.50,000/- which was deposited through RTGS in the account of OPs on 25.01.2019.  It is further alleged that when the complainant alongwith her husband and one other family visited Gangtok and OPs hotel Sterling at Darjelleing, they found no room was booked in the name of complainant, rather it was booked in the name of some Chandrasekhra and the complainant was compelled to pay about Rs.7,000/- in the name of maintenance charges and after harassing the complainant, the room was allotted to the complainant with the condition that the complainant shall withdraw the application dt. 17.12.2018 already moved against the OPs.  It is further alleged that the complainant was given very poor quality room in one Delight Hotel a Gangtok, which was not livable but despite assurance that the room would be changed, no room was changed and the complainant had to live in a very unhealthy room for three nights in Gangtok, Sikkim.  The complainant requested the OPs to pay back the amount of Rs.2,00,000/- to the complainant but the OPs sent cheque No.290603 dt. 12.06.2019 amounting to Rs.1,35,000/- and the OPs wrongly and arbitrarily withheld the amount of Rs.65,000/- without giving any detail and which the OPs have got no right to deduct.  So, it is a clear cut case of deficiency in service on the part of OPs and prayed for acceptance of complaint.   

3.             Upon notice, the OPs did not appear.  The OPs No.1 & 2 were proceeded against exparte vide order dt. 09.01.2020 and OP No.3 was proceeded against exparte vide order dt. 14.01.2021.  Thereafter, ld. counsel for the OPs moved an application for setting-aside the exparte order dt. 09.01.2020 passed against OPs No.1 & 2 and exparte order dt. 14.01.2021 on the ground of prevailing condition of corona.  The said exparte orders were set-aside as per the latest law given by Hon’ble Supreme Court vide order dt.26.04.2023 passed by this Commission.     

4.             OPs contested the complaint by filing their written version raising preliminary objections with regard to maintainability; jurisdiction; that the OPs already returns the membership amount which was admitted by the complainant in para No.8 in the light of the agreement dt. 10.12.2018 and gave them serves in Gangtok and Darjeeling.  On merits, it is stated that the OPs did not promise anything to the complainant except for what has been agreed between the parties as per the terms of the contract.  All the facilities in the sterling hotel are world class wherever in India as the said hotel is an 4 start hotel.  The complainant never asked for the room and they were quite happy with the allotted room.  The other  objections raised in the preliminary objections are rebutted and so, prayed for dismissal of complaint.              

5.             Ld. Counsel for the complainant tendered in evidence affidavit of complainant Ex.CW1/A alongwith documents Annexure-C1 to Annexure-C7 and thereafter, closed the evidence.

6.             On the other hand, the OPs tendered into evidence document Annexure-R1 and thereafter, closed the evidence.    

7.             We have heard both the parties and perused the case file carefully and minutely.

8.             Ld. counsel for the complainant has argued that the OPs contacted the complainant on 10.12.2018 on her mobile number and lured her to visit Hotel Grace at Kaithal to attend the doctors meeting in which the doctors were to be given free package travelling tour in India for three nights and four days.  It is further argued that in the meeting, the OPs offered a package of Rs.2,20,000/- with EMI and handed over membership application form.  Thereafter, the representatives of OPs visited the house of complainant and compelled her to deposit the amount of Rs.2,00,000/- which were transferred in the OPs account and also obtained signature of complainant and her husband on some blank and printed unfilled papers.  Thereafter, the complainant was compelled to deposit Rs.50,000/- which was deposited through RTGS in the account of OPs on 25.01.2019.  It is further argued that when the complainant alongwith her husband and one other family visited Gangtok and OPs hotel Sterling at Darjelleing, they found no room was booked in the name of complainant, rather it was booked in the name of some Chandrasekhra and the complainant was compelled to pay about Rs.7,000/- in the name of maintenance charges and after harassing the complainant, the room was allotted to the complainant with the condition that the complainant shall withdraw the application dt. 17.12.2018 already moved against the OPs.  It is further argued that the complainant was given very poor quality room in one Delight Hotel a Gangtok, which was not livable but despite assurance that the room would be changed, no room was changed and the complainant had to live in a very unhealthy room for three nights in Gangtok, Sikkim.  The complainant requested the OPs to pay back the amount of Rs.2,00,000/- to the complainant but the OPs sent cheque No.290603 dt. 12.06.2019 amounting to Rs.1,35,000/- and the OPs wrongly and arbitrarily withheld the amount of Rs.65,000/- without giving any detail and which the OPs have got no right to deduct.  So, it is a clear cut case of deficiency in service on the part of OPs.

9.             On the other hand, ld. counsel for the OPs has argued that the OPs have already returned the membership amount to the complainant.  It is further argued that the OPs did not promise anything to the complainant except for what has been agreed between the parties as per the terms of the contract.  It is further argued that all the facilities in the sterling hotel is world class wherever in India as the said hotel is an 4 start hotel.  The complainant never asked for the room and they were quite happy with the allotted room.

10.            We have considered the rival contentions of both the parties.  As per Annexure-C7-Membership Application Form, it is clear that the OPs offered a tour package of Rs.2,20,000/- to the complainant and his family.  The said membership was confirmed on 10.12.2018 as per approval form-Annexure-C1.  Thereafter, the OP compelled complainant to deposit total amount and got Rs.2,00,000/- transferred in their account.  The grievance of the complainant is that when she alongwith her husband and one family visited Gangtok and OPs’ hotel Sterling at Darjelling on 18.03.2019, rather it was booked in the name of some Chandrasekhra.  The complainant has drawn our attention towards Holiday Confirmation Voucher as per Annexure-C2 and Guest Invoice as per Annexure-C3.  From Holiday Confirmation Voucher as per Annexure-C2, it is clear that the check-in date was 18.03.2019 and check out date was 20.03.2019.  During the course of arguments, ld. counsel for the complainant has vehemently contended that the complainant was given very poor quality room in one Delight Hotel at Gangtok and complainant had to live in a very unhealthy room for three nights in Gangtok, Sikkim.  So, from the facts and circumstances of the case, it is clear that there is deficiency in service on the part of OPs.  It is an admitted fact that the OPs sent a cheque No.290603 dt. 12.06.2019 amounting to Rs.1,35,000/- and then OPs have wrongly and arbitrarily withheld the amount of Rs.65,000/-. So, the complainant is entitled for refund the amount of Rs.65,000/- from the OPs.

11.            Thus, as a sequel of aforesaid discussion, we direct the OPs jointly and severally to pay the balance amount of Rs.65,000/- to the complainant within 45 days from today, failing which, the aforesaid amount shall carry interest @ 7% p.a. from the date of this order till its realization.  The OPs are further directed to pay the amount of Rs.5,000/- as compensation on account of physical harassment and mental agony as–well-as Rs.5,000/- as litigation charges.  Hence, the present complaint is accepted accordingly.         

12.            In default of compliance of this order, proceedings against OPs shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both.  A copy of this order be sent to both the parties free of cost.  File be consigned to the record room after due compliance.     

Announced in open court:

Dt.:04.10.2023.

                                                                (Neelam Kashyap)

                                                                President.

 

(Sunil Mohan Trikha),           (Suman Rana),          

Member.                            Member.

 

Typed by: Sanjay Kumar, S.G.