Punjab

Ludhiana

CC/21/436

Rohit Sabharwal - Complainant(s)

Versus

Sterling Holidays Reorts Limited - Opp.Party(s)

Sukhjinder Kaur

10 May 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 436 dated 21.09.2021.          

                                             Date of decision: 10.05.2022. 

 

Sh.Rohit Sabharwal s/o Vijay Kumar Sabharwal, Kundan Bhawan, 126, Model Gram, Ludhiana (Punjab).                                                                                                                                                                  ..…Complainant

                                                Versus

1.Mr.Ramesh Ramanathan, the Chairman and Managing Director, Sterling Holiday Resorts Limited, 236, 4^th Floor, Purva Primus, Okkiyampettai, Old Mahabalipuram Road, Thoraipakkam, Chennai, Tamil Nadu 600097.

2.Mr. Sudesh Agarwal, Chief Information Officer, Sterling Holiday Resorts Limited, 236, 4^th Floor, Purva Primus, Okkiyampettai, Old Mahabalipuram Road, Thoraipakkam, Chennai, Tamil Nadu 600097.                                                                                                                         …..Opposite parties

         Complaint under Section 35 of the Consumer Protection Act, 1986.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Ms.Sukhjinder Kaur, Advocate

For OPs                         :         Sh.Rajbir Singh Dhanda, Advocate

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                Shorn of unnecessary details, the brief facts of the case of the complainant are that he is a member of Sterling Holidays against membership No.000000145183. The complainant made a booking for Manali Resort for the period from 30.04.2021 to 03.05.2021 vide voucher No.00497181. Thereafter, the complainant made a second booking for Corbett from 20.05.2021 to 24.05.2021 vide voucher No.00495367. Against the confirmation voucher No.00497181, the complainant deposited Rs.3000/- while against the other voucher No.00495367, the complainant deposited Rs.4500/- with Sterling Holidays. In this manner, the complainant deposited the total amount of Rs.7500/- with the Sterling Holidays. After the aforesaid bookings, the Himachal and Uttarakhand Governments framed certain strict rules due to COVID 19 pandemic and it was required that any person visiting these states was required to bring a Covid Test Report. As a result, the complainant decided to cancel the bookings and requested the customer care of OPs to cancel the bookings and refund the amount of Rs.7500/-. In this regard, the complainant sent a detailed email to the OPs requesting them to refund Rs.7500/-.

2.                It is further alleged in the complaint that prior to this, the complainant made a booking for Dharamshala for period from 15.03.2021 to 17.03.2021, for which the complainant deposited a sum of Rs.3000/-. A day thereafter, the complainant was detected as Covid-19 positive and he cancelled the booking and requested for refund of Rs.3000/-. On the request of the OPs, the complainant even furnished his Covid-19 positive report. The complainant further made a booking for Rishikesh for which, he deposited Rs.2652/- with the OPs. In this manner, the total amount paid by the complainant with all differences comes to Rs.13,152/-. However, after serving a legal notice dated 07.05.2021 upon the OPs, they refunded Rs.3000/- and Rs.2652/- to the complainant but they did not return the remaining amount of Rs.7500/-. This amounts to deficiency of service on the part of the OPs. In the end, it has been requested that the OPs be directed to refund the pending amount of Rs.7500/- along with interest and further, the Ops be made to pay compensation of Rs.1 lac and litigation expenses of Rs.1000/- to the complainant.

3.                Upon notice, initially OPs did not appear despite service and were proceeded against exparte. Subsequently, Sh.Rajbir Singh Dhanda, Advocate appeared on behalf of OPs and filed application for setting aside the exparte order dated 21.01.2022 which was allowed vide order dated 20.04.2022 and the OPs were permitted to join the proceedings from the stage the complaint was pending at.

4.                In evidence, the complainant submitted his affidavit as Ex.CA along with documents Ex.C1 to Ex.C6 and closed the evidence.

5.                We have heard the counsel for the parties and have also gone through the record.

6.                It is not disputed that out of the total amount of Rs.13,152/- deposited by the complainant with the OPs, they have not refunded the amount of Rs.7500/- in respect of the bookings made by the complainant for Manali Resort and Corbett. It is also evident that the complainant could not visit the places due to COVID-19 pandemic conditions and the stringent conditions imposed by the respective governments of Uttrakhand and Himachal Pradesh for the visitors to the said places. Therefore, in our considered view, non-refund of the booking amount amounts to deficiency of service especially when they have refunded the amount against the other bookings which was also claimed on more or less on same grounds. In our considered view and in the given circumstances, it would be just and proper if the OPs are directed to refund the advance booking amount of Rs.7500/- along with composite cost and compensation of Rs.2500/- to the complainant.

7.                As a result of above discussion, the complaint is allowed with an order that the OPs shall refund the advance booking amount of Rs.7500/- along with composite cost and compensation of Rs.2500/- to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules.

8.                File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:10.05.2022.

Gurpreet Sharma.