| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 50 of 11.2.2019 Decided on: 16.3.2021 - Renu Goyal wife of Sh.Sunil Kumar Goyal son of Kedar Nath Goyal, resident of House No.1188, S.S.S.T.Nagar,Patiala. (Adhar Card No.2744 7667 7913).
- Sunil Kumar Goyal son of Kedar Nath Goyal, resident of House No.1188, S.S.S.T.Nagar,Patiala. (Adhar Card No.9187 4014 8119 ).
…………...Complainants Versus - Royals Club International, Regd. address B-135, 2nd Floor, Sector-2 Noida-201301 (Uttar Pradesh), Phone No.0120-4154033, through directors/Incharge.
- Royals Club International, Regd. address B-135, 2nd Floor, Sector-2 Noida-201301 (Uttar Pradesh), Phone No.0120-4154033, through directors/Incharge.
- Directors/Incharge of Royals Club International C-3,First Floor, Sector-2,Noida,U.P.,India 201301.
- Quaish c/o Royals Club International C-3,First Floor, Sector-2,Noida,U.P.,India 201301.
- Sajid c/o Royals Club International C-3,First Floor, Sector-2,Noida,U.P.,India 201301.
…………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Y.S.Matta, Member ARGUED BY Sh.Rajan Bhatia, counsel for complainants. Sh.Gunjan Sharma, counsel for OPs No.1&2. Complaint against OPs No.3 to 5 has been withdrawn. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Renu Goyal and another (hereinafter referred to as the complainant) against Royals Club International and others (hereinafter referred to as the OP/s) under the Consumer Protection Act,(hereinafter referred to as the Act)
Facts of the complaint - Briefly the case of the complainants is that they became member of Royals Club International under the Gold Card membership scheme on the basis of approval form and on the terms and conditions narrated by the OPs, vide which complainants will give free stay of 4 nights and 5 days at Five Star Hotels Across India as well as international. It is averred that on 30.1.2018 the OPs organized free dinner party at Patiala near book cafe and proposed that this membership is of 10 years Gold Card period and will cost of Rs.1,35,000 alongwith Rs.7000/- per year as maintenance cost with first reference off and the scheme was for four adults members of visa fee free tour package. Complainants though the scheme affordable and as such agreed for the same and paid an amount of Rs.1,35,000/- to the OPs vide receipt No.3229 dated 30.1.2018.But lateron complainants came to know that OPs have changed the scheme from Gold Card scheme to Studio Holiday Season Red with number of weeks owned 1 week and entitlement of persons 2 adult 2 kids without consulting and giving notice to the complainants . On 13.3.2018 the complainants approached OPs and also sent e-mail in this regard but no reply was received from the OPs. The complainants also requested for change of apartment type from Studio to IBR. The complainant also sent another e-mail having requested for giving approval for Dubai trip with 4 visa fee free trip but the OPs refused to honour the commitment and rather are giving only two tickets for husband and wife. It is further averred that as the OPs turned out from their promise so they were requested to cancel the membership and for the refund of entire money of Rs.1,35,000/-paid by the complainants. A legal notice dated 12.11.2018 was also got served upon the OPs but to no effect and despite number of requests made to the OPs they did not refund any amount. There is thus deficiency in service and unfair trade practice on the part of the OPs which caused mental agony and pain to the complainants. Hence this complaint with the prayer to accept the same by giving directions to the OPs to refund Rs.1,35,000/- to the complainants alongwith interest @ 18% per annum from the date of deposit till actual payment; to pay Rs.20,000/- as legal fee; to pay Rs.1,00,000/- for committing deficiency in service and unfair trade practice and also to pay Rs.1,00,000/- as compensation for causing mental tension and harassment.
- Notice of the complaint was given to OPs No.1&2 who appeared through counsel and contested the complaint by filing written reply while complaint against OPs No.3to has been withdrawn by the complainants vide separate statement dated 1.3.2019.
Reply/Written statement - In the written reply filed by OPs No.1&2 it is submitted that the instant complaint is baseless; that the OPs have always been ready and willing to provide the holiday as per the entitlement of the complainants; that at the time of booking, it has been made clear that vacation charges are non refundable under any circumstances and that the vacation fee is not a refundable deposit.It is further submitted that the complainant booked the holiday package from the OPs on 30.1.2018 and paid a sum of Rs.1,35,000/- as membership fee and have also executed an agreement. It is further submitted that when the complainants booked their holiday to Dubai, they were offered studio rooms in terms of the agreement but they demanded extra facilities. In parawise reply the OPs reiterated the facts as raised above , the repetition of which is not necessary for the sake of brevity.After denying all other averments, the OPs prayed for the dismissal of the complaint.
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- In support of the complaint, the ld. counsel for the complainants has tendered in evidence Ex.CW1/A affidavit of the complainant Renu Goyal alongwith documents Exs.C1 to C13 and closed the evidence.
- On the other hand, the ld. counsel for OPs No.1&2 has tendered in evidence Ex.OPA affidavit of Vipan Suri,General manager alongwith documents Exs.OP1 to OP3 and closed the evidence.
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- Both the parties have filed written arguments. We have gone through the same, heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
- The ld. counsel for the complainants has argued that complainants became member of Royals Club International on the terms and conditions of the OPs. The ld. counsel further argued that on 30.1.2018 the OPs organized a free dinner party at Patiala near book café and the complainants became member of Gold Card Membership of the company and they agreed that they will give 4 nights and 5 days free stay at five star hotels across India as well as international. The ld. counsel further argued that the OPs proposed the membership for 10 years @ cost of Rs.1,35,000/- alongwith Rs.7000/- per year maintenance cost and the scheme was valid for 4 adults members of visa fee free tour package as fully detailed in approval form. The complaints though the same affordable and they took the scheme. Lateron the complainants came to know that the OPs changed their scheme from Gold Card Scheme to Studio Holiday Season Red with the number of weeks owned 1 week and entitled of two adults and two kids. The ld. counsel further argued that the OPs without consulting the complainants have changed the scheme and they have defrauded the complainant. The ld. counsel further argued that Rs.1,35,000/- were also given to the OPs vide receipt No.3229 dated 30.1.2018.The ld. counsel further argued that the complainant approached the OPs on 30.3.2018 and also sent emails but reply was received. Another e-mail was also sent but they did not give any reply. So the complaint be allowed and the amount be refunded.
- On the other hand, the ld. counsel for the OPs has argued that they have not played fraud with the complainants. The ld. counsel further argued that vacation charges are non refundable as agreed in the agreement and the false complaint has been filed.
- To prove this case, the complainants have tendered affidavit,Ex.CW1/A of Renu Goyal and she had deposed as per her complaint, Ex.C1/A is brochure of Royals Club Ingternational,Ex.C1/B is membership application form which was duly filled by the complainant. In this membership, fee is shown as Rs.1,35,000/-, Ex.C3 is approval form of Royals Club International for Rs.1,35,000/-,Ex.C4 is photograph of destination,Ex.C5 is schedule, in which membership type is mentioned holiday season is mentioned as Red and number of days is mentioned as one week,Ex.C6 is the card of Royals Club International.
- Ex.C8 is an important document in which e-mail was sent by the complainant to the OPs, in which it is mentioned that they have purchased membership at Patiala on 30.1.2018 which was sold by one Sajid and Quaish and they gave approval for Dubai trip with 4 Visa fee free trip but now the company has refused to honour the commitment and the complainant talked to Mr.Alok who refused to give visa fee free tickets to Dubai rather he is giving two tickets for husband and wife. It is requested that amount be refunded.
- So it is clear that different talks were done by the OPs with the complainant at the time of booking the membership and after that they have changed the rules without informing the complainants. So the OPs have played fraud with the complainant. Ex.C10 is legal notice, ExC11 postal receipts and Ex.C12 is Aadhar card.
- On the other hand Sh.Vipin Suri, has tendered his affidavit, Ex.OPA on behalf of the OPs and he has deposed as per the written statement. Ex.OP1 is approval form.
- So by going through the entire evidence of both the parties, it is clear that the complainants became member of Royals Club International and they deposited Rs.1,35,000/- as fee, as per receipt,Ex.C2. On 30.1.2018 the OPs organized a free dinner party at Patiala and the complainants were allured by Sazid being manager and by Quaish being employee and the approval form was also sent. As per the complainants they were the member of Gold Card Membership scheme under which they have to give four nights and five days free stay at five star hotels in India for four adults with visa fee free tickets but lateron the OPs changed the scheme from Gold Card Membership to Studio Holiday Season red with the number of weeks owned as one week with the entitlement of persons as 2 adults and 2 kids.From the documents it is clear that without consulting the complainants and without giving any notice to them, the OPs unilaterally changed the scheme for which the complainants have never given the consent. As such the complaint stands allowed and the OPsNo.1&2 are directed to refund the amount of Rs.1,35,000/- to the complainants alongwith interest @6% per annum from the date of deposit till actual payment. They are further directed to pay Rs.5000/- as compensation and Rs.5000/- as litigation expenses. Compliance of the order be made by the OPs No.1&2 within a period of 45 days from the date of the receipt of the certified copy of this order.
ANNOUNCED DATED:16.3.2021 Y.S.Matta Jasjit Singh Bhinder Member President | |
