BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.226 of 2024
Date of Instt. 01.07.2024
Date of Decision: 06.11.2024
Meenu Gupta, Age: 47 years, w/o Rupesh Gupta, Resident of ND-198, Fatehura, Near Krishna Mandir, Jalandhar-144001.
..........Complainant
Versus
1. Royal Club International B-135, Second Floor, Sector-2, Noida, Uttar Pradesh, India-201301 Through its Director/MD/Manager/Authorized Signatory
Website:https://royalsclubinternational.com, Contact: 0120-4127277
2. Shah Nawaz (Marketing Agent) of Royal Club International B-135, Second Floor, Sector-2, Noida, Uttar Pradesh, India-201301 Website: https://royalsclubinternational.com/
Mobile No.8510-58153, 70117-16728
3. Royal Timeshare India Limited B-135, Second Floor, Sector-2, Noida, Uttar Pradesh, India-201301
Through its Director/MD/Manager/Authorized Signatory
Website: https://royalsclubinternational.com/
Email:info@royalsclubinternational.com, royalsclubinternational.gmail.com Contact: 0120-4127211
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Sh. Jaswant Singh Dhillon (Member)
Present: Complainant in Person.
OPs exparte.
Order
Jaswant Singh Dhillon (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the OP No.1 is a Timeshare membership company engaged in the business of owning, operating and managing hotels & resorts, providing club & vacation ownership services. On 9th April 2023 the complainant took gold membership by paying Rs.95000/- of Royals Club International represented by Mr. Shah Nawaz and received membership number RTI 0024452. The Complainant requested for booking in Srinagar on 22 February 2024 and the same was denied by the OP stating they don't have affiliation in Srinagar while they showed us some 4-star rated properties over there while selling their membership. The Complainant again requested the OP to book eligible nights in Mastiff Grand Hotel, Manali listed in the hotel list provided by the OP, on but same was again denied by the OP despite his request being made well in advance and adhering to required procedures and timelines. The Complainant was offered alternative accommodations that did not meet the standards or preferences stated in their original request. Having listed around four options, they claimed to able to provide accommodation only in single property. The OP claimed to provide booking in 4-5 star rated properties and affiliation with Wyndham group of Hotels but the actual properties standards are way lesser than the claims and don’t even meet the cost in membership of the complainant. The failure to book the hotel by the OP has caused significant inconvenience and distress to the complainant and her family, disrupting the complainant’s family travel plans and incurring additional costs and as such necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to cancel the membership with immediate effect given the repeated failure to provide services as promised. Further, OPs be directed to refund the total membership amount of Rs.95000/- to the Complainant and to pay a compensation for causing mental tension and harassment to the complainant and any other relief as the Court deems fits.
2. Notice of the complaint was given to the OPs, but despite service all the OPs failed to appear and ultimately, all the OPs were proceeded against exparte.
3. In order to prove her respective version, the complainant has produced on the file her respective evidence.
4. We have heard the complainant in person and have also gone through the case file very minutely.
5. In nutshell, the case of the complainant is that the OP is time share membership company engaged in the business of owning, operating and managing hotels and resorts. On 09.04.2023, the complainant took gold membership of Rs.95,000/- of Royals Club International through its Agent Mr. Shah Nawaz and received membership number RTI-0024452, approval form is attached as Ex.C1. The complainant has paid Rs.80,000/- on 10.04.2023 through State Bank of India card to Royals Mastiff Grand Hotel, Manali. The complainant requested for booking in Sri Nagar on 22.02.2024, but it was denied by the OP stating that they don’t have affiliation in Sri Nagar. Then complainant requested to OP for booking eligible night in Mastiff Grand Hotel, Manali as Ex.C-2 and Ex.C-4, but it was also denied by OP although request was made well in advance. The OP offered only in single property which did not meet the standards or preferences stated in their original request. Whereas as per membership plan, OP claimed to provide booking in 4-5 star rated properties and affiliation with Wyndham group of Hotel.
6. After going through the facts, it is proved that the complainant has paid Rs.80,000/- as per bank statement for membership. As assured OPs have not provided accommodation in Sri Nagar as demanded by the complainant as she was assured by OP while taking membership that they are in affiliation of hotel of 4-5 rating even in Sri Nagar also. Thereafter, OPs sent list of hotels after 20 days of membership registration and when complainant asked about the booking in Manali, that was mentioned in the list also, again OP denied that. So, it is clear cut deficiency in service on the part of the OPs. The OPs are directed to pay Rs.80,000/- with interest @ 9% per annum from the date of payment, till its realization. Further, OPs are directed to pay a compensation alongwith litigation expenses to the tune of Rs.10,000/- for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
7. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Dr. Harveen Bhardwaj
06.11.2024 Member President
