DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.82/2016
Sh. Sanjay Wadhwa
103, DDA MIG flats Madipur,
New Delhi-110063 ….Complainant
Versus
Signature Siestas Pvt. Ltd.
K-28, IInd Floor, Lajpat Nagar-II,
New Delhi-110024 ….Opposite Party
Date of Institution : 21.03.16 Date of Order :31.08.17
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
ORDER
The case of the complainant, in nutshell, is that he and his wife had purchased a holiday membership No.18171 from the OP on 24.05.14 after attending a presentation given by the OP in which the OP committed some holiday services at some fixed prices after complete payment. OP offered 6 nights/ 7 days holidays in exchange fee of Rs.6500/- plus taxes per week and the complainant would have also club holidays i.e. suppose three nights at one place and two nights at another place in exchange fee of Rs.6500/- plus taxes only. OP also stated that the complainant could avail service of more than one room at one resort that if they avail 2 rooms of one specific resort for three nights then that will be considered 6 nights in exchange fee of Rs.6500/- plus taxes only. OP also stated that there will be no hidden charges except exchange fee of Rs.6500/- plus taxes etc. OP also committed that they will give availability at required place and required dates and that the complainant could also avail services during EMI period without any problem. The total cost of the membership was Rs.1,97,000/- and the complainant purchased the EMI option. After depositing the initial amount of Rs.30,500/- the complainant signed the agreements and as per article 5 of general agreement it was mentioned that the EMI will be of Rs.2775/- per month. The complainant has stated that he has paid total Rs.86,933/- only. In October, 2015 he asked the OP for booking of Jodhpur Resort Fort, Chanwa Luni but the OP stated that it was not available on the required date and they gave him choice to go to any other place. He compromised and asked for Nainital Alpine Club resort for 3 nights from 19.10.15 to 22.10.15. At the Nainital Club resort the reception person asked him to pay Rs.2250/- (Rs.750/- per night) as utility bill but this utility bill was never mentioned in the agreement. He called the OP who stated that the OP will adjust the bill in total membership cost after completing the payment of the membership. This incident was total mental harassment for him and created a feeling of misbelieve in their services. After coming back to Delhi he asked the OP to mail him their service manual and discussed the issue of utility bill. OP replied and asked to discuss the problem in their office. He talked to them telephonically and they said that everything written in the agreement would be fulfilled. But the OP has not given the explanation regarding utility bill. He visited the office of OP on 19.02.2016 and had conversation with Mr. Anuj (branch head), who explained to him in totally different manner which was not explained at the time of taking the membership. The representative of the OP also stated that everytime he has to pay the utility bill and the utility charge varies from resort to resort. Their services were compelling him to pay hefty amount of utility bills without intimating him at the time of selling membership. The branch head explained to him the following:-
“1. He explained 6500/- plus tax exchange fee is for per resort per week. This statement is not mentioned on agreement.
2. He explained if we avail 2 rooms in any resort then we have to pay 6500/- plus tax exchange fees per room. But at the time of selling they never mentioned this statement and it is not written in their agreement .eg. If we avail 2 rooms of one specific resort for three 3 nights then we have to pay 6500/- plus tax for one room i.e. 13000/- plus tax for two rooms.
3. Most important concern is utility bill which is nowhere mention in agreement. This is a big fraud with me this company did.”
He was frustrated and asked Mr. Anuj to refund his all money paid by him but the OP denied to return the money. He sent the mail dated 25.02.16 to the OP but no reply was received from the OP. Hence, there is a deficiency in service and unfair trade practice on the part of the OP. The complaint has been filed for the following reliefs:-
- Direct the OP to refund the amount of Rs.86,933/- with 10% interest.
- Direct the OP to pay Rs.50,000/- to the complainant for causing harassment and mental strain to the complainant.
OP has been proceeded exparte vide order dated 15.07.2016.
Complainant has filed his affidavit in exparte evidence.
We have heard the complainant and have also gone through the file very carefully.
OP has knowledge about the filing of the complaint but did not chosen to contest the complaint.
The complainant has failed to mark exhibit nos. /annexure nos. on the corresponding documents. The complainant has filed payment receipt of Rs.30500/- dated 24.05.2014. We mark it as Annexure-1 for the purposes of identification. The complainant has filed the EMI receipts from June 2014 to January 2016 @ Rs.2775/- each which were issued by the OP. We mark it as Annexure-2 for the purposes of identification. The complainant has filed the copies of membership detail and the agreement. We mark the same as Annexure-3 for the purposes of identification. The complainant vide letter dated 25.02.2016 requested the OP to refund the amount already paid to the OP. We mark the document as Annexure-4 for the purposes of identification.
Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant.
It is, no doubt, true that the agreement is silent about the fact whether the utility charges have to be paid by the complainant while availing the room occupancy service through the OP. However, we find that the complainant has filed the copy of the confirmation voucher which we mark as Mark AA for the purposes of identification. Vide this confirmation voucher the OP had confirmed to the complainant that his booking for a studio room for the period 19.10.15 to 22.10.15 had been done in Alpine Club, Nainital. In the said confirmation voucher it is specifically mentioned that the complainant had to pay the utility charges for 3 days amounting to Rs.2250/-. Therefore, it is crystal clear that the complainant had been informed by the OP in advance that while staying at Alpine Club, Nainital for 3 days the complainant had to pay the utility charges of Rs.750 per day amounting to Rs.2250/-. Despite that the complainant availed the services and paid the said amount. Therefore, in our considered opinion, by his own conduct the complainant is now estopped from contending that the OP committed any deficiency in service while charging the utility charges amounting to Rs.2250/- from him. Therefore, the said sole instance of alleged deficiency in service on the part of the OP does not make the complainant entitled to get the refund of the paid amount to him by the OP. Therefore, we hold that there is no deficiency in service or unfair trade practice on the part of the OP.
In view of the above discussion, we do not find any merit in the complaint and dismiss it with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 31.08.17.
