DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.420/2017
SANDEEP GROVER
S/o Shri G.C. Grover,
R/o B-327 Lok, Vihar,
Pitampura, New Delhi-110034
….Complainant
Versus
STERLING HOLIDAY RESORTS LIMITED.
C1, 1ST Floor, Green Park Extension,
Opposite Indian Oil Building,
New Delhi-110016
Also at:
Citi Tower, No.7, 3rd Cross Street,
(Landmark – Nalli Silks, Adyar)
Kasturba Nagar, Adyar,
Chennai- 600020
RCI INDIA PRIVATE LIMITED
Pine Valley, First Level
Embassy Golf Links Business Park
Off Intermediate Ring Road
Bangalore-560071
MS. SABINA CHOPRA
Managing Director
RCI India Private Limited
S-305, F/F,
Greater Kailash, Part-I
New Delhi-110048
MR RAMESH RAMANATHAN
Managing Director,
Sterling Holiday Resorts Limited
9C, 14th Street,
Sasti Nagar, Adyar,
Chennai-600020
MR. RAHUL SHARMA
Direct Customer Acquisition Manager
Sterling Holiday Resorts Limited
C1, 1st Floor, Green Park Extension,
Opposite Indian Oil Building,
New Delhi-110016
MR. RAHUL KUMAR
Senior Executive- Customer Acquisition
Sterling Holiday Resorts Limited
C1, 1st Floor, Green Park Extension,
Opposite Indian Oil Building,
New Delhi-110016
….Opposite Parties
Date of Institution : 14.12.2017
Date of Order : 07.04.2022
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Member: Ms. Kiran Kaushal
- Facts of the complaint as pleaded by the Complainant are that Complainant purchased membership from Sterling Holiday Resort Limited, hereinafter referred to as OP-1, amounting to Rs.3,22,164/- which was to be paid in three tranches. The Complainant on 26.11.2016 paid Rs.1,07,388/- to OP-1 from his credit card. Complainant while taking the membership, was informed that OP-1 had a tie up with RCI India Private Limited (OP-2) and the Complainant would get membership of OP-2 free of cost for first two years upon taking membership with OP-1.
- Complainant availed the facility of OP-1 and booked a Studio Apartment in Ooty, Tamilnadu from 24.12.2016 to 28.12.2016 wherein, he was dissatisfied and unhappy with the services of OP-1. It is averred that as the Complainant frequently makes foreign trips with his family, complainant again decided to go for a family vacation abroad and avail the services of OPs. Complainant planned to travel to Switzerland and Germany along with his parents and his four year old child therefore a resort in Torgon (Switzerland) was booked by OP-2. It is stated that Complainant booked two apartments in Les Cretes-Euroloisirs Resort as one of the apartments was provided free of cost in view of the complimentary package in return for taking membership of OP-1 and for the second apartment Complainant paid Rs. 26,000/- to OP-2.
- Upon reaching the said resort on 17.06.2017 Complainant was shocked as the said resort was in some distant village sans the basic amenities .There was no drinking water, no shop in proximity to the resort and there was no food to eat. Complainant reached the resort around 8:00 PM Swiss time and to make thing worse no one was available at the resort to even handover the keys to the Complainant upon his arrival.
- It is stated that under such circumstances Complainant was constrained to leave the said resort at about 9:00 PM and checked in a lodge at 12:30 AM (Swiss time), which was located in the outskirts of Baden in Switzerland. The Complainant had to pay CHF 300 (Swiss Francs) for one night for three apartments as the Complainant was travelling with his wife, child, parents and his father in law. It is also stated that as it was a small lodge with limited amenities, no bill was given to the Complainant. Complainant also had to pay an exorbitant amount of CHF 550 towards taxi fare travelling from Geneva to Torgon and CHF 1050 from Torgon to Baden. Copies of the invoice of the taxi fare are annexed as Annexure C/4. In view of the aforesaid, Complainant thereby incurred expenses to the tune of Rs.2,53,706.10/- towards the taxi fare and alternate accommodation in Switzerland from 18.06.2017 to 22.06.2017.Thereafter, Complainant expressed the difficulties faced by him for the unsatisfactory services rendered by OPs vide email dated 13.10.2017.
- Aggrieved by the circumstances above, Complainant approached this forum with prayers to direct OP No.1 to refund Rs.1,07,388/- charged from the Complainant towards the membership fees. It is also prayed that OP NO.1 be directed to return the deposited cheques given by the Complainant towards the full membership fee. Complainant also sought direction for OP-2 to refund Rs. 26,000/- paid by the Complainant for the booking in Switzerland. Further, it is prayed that OPs be directed jointly and severally to reimburse expenditure incurred by the Complainant in Switzerland amounting to Rs.2,53,706.10/- Additionally Complainant has sought directions for OPs to jointly and severally pay Rs.5,00,000/- towards mental agony and harassment of the Complainant.
- OP-1 resisted the Complaint and filed Written Statement. However it is seen from the records that during the pendency of the complaint case, Complainant and OP-1 arrived at settlement on 29.03.2019. Vide the said settlement Complainant received Rs. 92,388/- towards full and final settlement from OP-1 and as prayed by the complainant the complaint qua OP-1 was disposed of.
7. OP-2 filed their written version stating inter-alia that Complainant out of its own free will booked the apartment and received the booking confirmation provided by OP-2 on 13.04.2017 annexed as Annexure C/3, which is an admitted document. The terms and conditions of ‘Booking Confirmation’ prove that the Complainant was duly informed of the credentials, location, services and near about of the resort, three months in advance.
8. It is next stated by OP-2 that the Complainant had to check into the resort on 17.06.2017 by 16:00 hrs (Swiss Time) and had to check out of the resort on 24.06.2017 by 10:00 hrs (Swiss Time). The booking confirmation provided to the Complainant also mandatorily provided in clear terms that in case of late check in/arrivals, the customers shall send a written request to the resort in advance. OP-2 further states that it is pertinent to mention that the complainant himself admitted that he made a late check in into the resort on 17.06.2017 at around 20:00 hrs (Swiss time), which is four hours late than the normal check in time without any prior written information to resort or the answering OP. OP-2 further submits that complainant had actually never turned up or checked in at the resort on the said date. Booking Confirmation dated 13.04.2017 clearly states that in case of no show up, the rooms of the resort shall be released, for which OP-2 shall not be held liable in any manner.
OP-2 next states that it is strange that Complainant after leaving the resort at about 21:00 hrs (Swiss time) found an alternative arrangement in Baden, Switzerland ,which is about 4 hrs away from the said resort. For which allegedly no bill was issued to the complainant. It is hard to believe that any lodge/hotel would allow anybody to stay without giving a bill. All the allegations made by the complainant seem to be a concocted story. Hence, it is prayed that the Complaint be dismissed with exemplary cost.
9. Rejoinder is filed by the Complainant. Evidence by way of Affidavit and Written Arguments have been filed on behalf of parties. Arguments on behalf of Complainant & OP-2 are heard. Material placed on record is perused.
10. Complainant raised preliminary objection stating that OP-2 filed its reply beyond the stipulated period without any application for condonation of delay therefore reply filed by OP-2 and OP-3 should be struck off. It is noticed from the order of this Commission, dated 04.04.2018 that in the presence of all the parties, OP-1 requested to file reply beyond the stipulated period which was not opposed by the Complainant. As OP-2 and OP-3 were also present on the said date, Complainant did not raise any objection qua OP-2 and OP-3 on the said date or even thereafter. Therefore, reply of OPs have been taken on record. Complainant is now barred from agitating the same.
11. The main grievance of the Complainant against OP-2 is that the Complainant was not attended upon at the resort booked in Torgon (Switzerland). Lack of basic amenities such as drinking water, grocery shop and unavailability of food perturbed the complainant. Complainant along with his complaint has annexed ‘Booking Confirmation’ by OP-2 as Annexure C/3 which was received by him about three months in advance. On perusal of the said document, it is observed that it provides detailed information about the resort features, local area features and standard unit amenities. Detailed instructions regarding the resort and how to get there are provided in the said booking confirmation form. The terms and conditions in the above said form appended at page 35, state that -
“in case of late check in/ arrivals, members are requested to send a written request to the resort in advance. If the resort does not receive any prior information, it will be in their sole discretion to release the unit/s without any notice. RCI would not be accountable in this regard.”
12. It is mentioned in the Booking Confirmation form that the Complainant was to Check in the resort on 17.06.2017 by 16:00 hrs and check out on 24.06.2017 by 10:00 hrs. Booking confirmation was that of one bed room with 04 maximum occupancy. Complainant in his complaint has himself admitted that he reached the resort at around 8:00 PM (Swiss Time), whereas he was supposed to check in before 4:00 PM (Swiss Time). Complainant was himself negligent by not reaching the resort on time and not informing OP-2 and OP-3 or the resort people of his late arrival. No evidence of any written request to the resort in advance for late arrival is adduced by the Complainant. Complainant who is an educated man & a frequent traveller who goes abroad once a year should have read the terms & conditions of ‘Booking Confirmation’ and reached the resort on time. Therefore, we are of the opinion that the complainant cannot draw any benefit out of his own negligence and wilful deficiency.
13. In view of discussion above the complaint is dismissed with no order as to costs.
File be consigned to the record room after giving a copy of the order to the parties.
