Chandigarh

DF-I

CC/522/2018

Commodore Vijay Kumar Gautam NM (Retd) - Complainant(s)

Versus

Sterling Holiday Resorts - Opp.Party(s)

In Person

18 Nov 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/522/2018
Date of Institution	:	22/10/2018
Date of Decision	:	18/11/2019

 

Commodore Vijay Kumar Gautam NM (Retd), S/o Shri Shanti Saroop Sharma, R/o H.No. 692, Sector 8-B, Chandigarh - 160009.

 

…..Complainant

V E R S U S

 

1.      Sterling Holidays Resorts, having its Regd. Office at Sterling Holiday Resorts Limited, No. 63/64, 1^st Floor, Phase-10, Above Reliance Fresh, Mohali, Chandigarh – 160064, through its Branch Manager and Executives Mohit Sharma and Seema Jain.

 

2.      Branch Manager, Sterling Holiday Resorts Limited, having its Regd. Office at Sterling Holiday Resorts Limited, No.7, Citi Towers, 3^rd Cross Street, Kasturba Nagar, Adyar, Chennai – 600020, India, through its Branch Manager and Executives Manavalan.D.

…… Opposite Parties

QUORUM:	MRS.SURJEET KAUR	PRESIDING MEMBER
	DR.S.K.SARDANA	MEMBER

                                                                       

ARGUED BY	:	Complainant in person.
	:	Sh. Ashim Aggarwal, Counsel for Opposite Parties.

 

PerDr.S.K.Sardana, Member

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, believing the various assurances/projections given by the Opposite Parties on taking their membership, the Complainant took Sterling Membership with an intention to visit Toronto and paid down payment of Rs.1,58,565/- on 01.02.2018 and balance through two post dated Cheques payable on 07.02.2019 and 07.02.2020. The requirement for accommodations was projected six months in advance by the Opposite Parties. The Complainant received the E-Kit on 24.02.2018. It has been alleged that later the Opposite Parties failed to honour their commitment resulting in increase of cost of air ticket and hotel booking adding to cost of his travel. Hence, the Complainant sent written request on 23.05.2018 through registered post to the Opposite Parties seeking refund of the amount and return the two post dated Cheques, categorically stating that since he has not availed any facility of Sterling till day his entire payment should be refunded. When all the frantic efforts made by the Complainant, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Parties tantamount to deficiency in service and unfair trade practice, the Complainant has filed the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs.
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case.
3.         Opposite Parties No.1 & 2 contested the Complaint and filed reply, inter alia, admitting the basic facts of the case. It has been pleaded that the Complainant executed the Membership Application Form on 02.02.2018 and request for cancellation was made on 23.05.2018 therefore the Complainant has clearly violated the Clause No.12(IV) of the Membership Application Form and refund of the Membership Fee shall be as per the Clause No.12 (IV) of the Membership Application Form. It has been asserted that during the sale of Membership and even in the Welcome Call made to the Complainant, it was specifically informed to the Complainant that the booking of the resort can be done by the Complainant within 120 days and not six months as stated by the Complainant. Pleading that there is no deficiency in service or unfair trade practice on their part, Opposite Parties have prayed for dismissal of the complaint.
4.         Controverting the allegations contained in the written statement and reiterating the pleadings in the Complaint, the Complainant filed the rejoinder.
5.         The parties led evidence in support of their contentions.
6.         We have gone through the entire record, including the written arguments filed by the Complainant and heard the arguments addressed by the Complainant in person and Ld. Counsel for the Opposite Parties.
7.         The main grievance of the Complainant is that the Opposite Parties have failed to honour their commitment, as agreed, due to which the Complainant’s request not to continue with the membership of Sterling was not agreed to.
8.         The Membership Application Form (Ext.OP/1) categorically speaks about the cancellation mode in Clause 12(iv), which reads as under:-

“IV.   If the receipt of cancellation request is beyond 61 days from the date of DP realization;

1.     Cancellation fee would amount to 100% of the admission fee.

2.     Entitlement fee (40% of the VO Plan Price) will be refunded within 60 days from the date of cancellation by the company after deducting:-

        a]     Cost of holiday availed;

        b]     Cost of promotional offer/gift issued;

        c]      RCI enrollment fee;

d]     Any other expenses incurred by the Company to service the customer;”

 

                As is borne out from the record, it is apparent that the Complainant executed the membership application form on 2.2.2018; whereas, the request for cancelation was made on 23.5.2018. Therefore, the Complainant has clearly violated the Clause No. 12(iv) of the Membership Application Form. The period of cancellation as per rules is to be calculated from realization of deposited amount which was realized on 2.2.2018. Since the request for cancelation was made after a period of 60 days, hence the refund of the membership amount, if any, will be according to the clause no.12(iv) and not as per the demand raised by the Complainant.   

9.         A further perusal of key point no.13 of the Membership Application Form shows that the Opposite Parties cannot be held liable or responsible for Resort Condominium International Exchanges, as the Resort Condominium International Exchange is between the Complainant and the Resort Condominium International (RCI) only. The said membership application form has duly been signed by the Complainant with his eyes open. The Complainant is an educated person and thus, he cannot be allowed to wriggle out of the same.  
10.         For the reasons recorded above, we do not find even a shred of evidence to prove any deficiency in service or unfair trade practice on the part of Opposite Parties. Consequently, the Consumer Complaint fails and the same is dismissed, leaving the parties to bear their own costs.
11.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

 

	Sd/-	Sd/-	Sd/-
18/11/2019	[DR.S.K.SARDANA]	[SURJEET KAUR]	[RATTAN SINGH THAKUR]
	Member	Member	President
“Dutt”