Haryana

Karnal

CC/268/2021

Rajni - Complainant(s)

Versus

TAG Vacation India Limited - Opp.Party(s)

Vishal Goel

12 Jan 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 268 of 2021

                                                        Date of instt.08.06.2021

                                                        Date of Decision:12.01.2023

 

Rajni wife of Shri Vishal Goel, resident of house no.A-8, Club Lane, near Ashoka Cinema, Karnal.

                                               …….Complainant.

                                              Versus

 

1.     TAG Vacation India Limited, SCO no.2473-74, 2^nd floor, Sector-22C, above Andhra Bank, Chandigarh-160022, through its Director.

2.     TAG Vacation India Limited, 302/273, 3^rd floor, Plaza-III, Masjid Moth, South Extension, Part-II, Delhi-110049, through its Director Rajeev Kaushik.

3.     TAG Vacation Club, office no.127, second floor, Tower-A, The Corenthum, plot no.A-41, Sector 62, Noida, through its Director, Mobile no.7400080008.

 

                                                                      …..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary….Member

 

 Argued by: Shri Vishal Goel, counsel for complainant.

Opposite parties exparte.

 

                    (Jaswant Singh President)

ORDER:  

 

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that OPs are having resort and made arrangement for resorts for their members for enjoying/availing holidays. OPs have fixed charges for availing membership. The complainant had taken membership from the OPs and paid membership fee of Rs.72,000/- on 14.10.2019 in a get together organized by OPs at Hotel Sagar Rata, Karnal. At the time of selling their membership the OPs through their Venue Manager Baljinder Singh, told complainant that they will provide all the facilities for holidaying to the complainant on just a phone call. The OPs had told the complainant that the facilities provided by them are best in the world and they will make the vacations of complainant memorable. At the time of taking the membership, the OPs had also provided a complementary Holiday Voucher to the complainant for 2 nights and 3 days in their resorts at Solan, Ranikhet, Shoghi and Corbett and the complainant had to choose one of the destination from the above. After availing the membership the complainant and her husband requested the OPs to send list of their properties in Kerala and Sikkim but the same was not sent by the customer care executive. The complainant had taken the membership on 14.10.2019 so she and her husband contacted the OPs for booking of destination for Corbett in last week of December, 2019. On this Venue Manager told the complainant that she cannot provide destination on complementary voucher as it is for of peak season. The complainant told the Manager of OPs that at the time of selling their membership, the Venue Manager told the complainant that she can use the voucher at any time in full one year. Despite of repeated calls of complainant, nothing was done by the OPs and month of December, 2019 had passed. Thereafter, complainant told the OPs to arrange vacation at Corbett destination in last week of February, 2020 and on these OPs told the complainant that they cannot provide Corbett destination to complainant and also told that Corbett destination is not available. After that not only the Venue Manager of OPs had stopped picking the phone of complainant and her husband but also stopped reply to the text message sent on Whatsapp. Complainant sent a legal notice dated 15.09.2020 to the OPs but it also did not yield any result. Then complainant decided that she do not want to continue with the OPs as member and makeup her mind for withdrawal of the membership and refund of her membership fee. Thereafter, complainant requested the OPs several times to return the membership amount of Rs.72,000/- alongwith interest @ 18% per annum but OPs did not pay the same and lingered the matter on one pretext or the other.  In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, initially, Shri Dinesh Chauhan Advocate on behalf of OPs no.1 and 2 appeared but did not file his power of attorney and written version after availing several opportunities and they are proceeded against exparte, vide order dated 03.11.2022 of the Commission.

3.             OP no.3 did not appear despite service and opted to be proceeded against exparte, vide order dated 23.05.2022 of the Commission.

4.             Learned counsel for complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of payment receipt Ex.C1, copy of Holiday Voucher Ex.C2, copy of visiting card of Venue Manager Ex.C3, copy of membership form Ex.C4, copy of whatsapp chat Ex.C5 to Ex.C8, copy of call detail Ex.C9, copy of whatsapp chat Ex.C10 to Ex.C13, postal receipt Ex.C14, copy of legal notice Ex.C15, copy of email Ex.C16, copy of company profile Ex.C17 and closed the evidence on 19.12.2022 by suffering separate statement.

5.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

6.             Learned counsel for complainant argued that on 14.10.2019 complainant had taken membership from the OPs and paid membership fee of Rs.72,000/-. At the time of selling their membership, the OPs had also provided a complementary Holiday Voucher to the complainant for 2 nights and 3 days in their resorts at Solan, Ranikhet, Shoghi and Corbett. After taking the membership the complainant requested the OPs to send list of their properties in Kerala and Sikkim but the same was not sent by the OPs. The complainant contacted the OPs for booking of destination for Corbett in last week of December, 2019. On this, Venue Manager told the complainant that he cannot provide destination on complementary voucher as it is for of peak season but at the time of selling their membership OPs did not tell about the said condition.  Then complainant told the OPs to arrange vacation at Corbett destination in last week of February, 2020 and on these OPs told the complainant that they cannot provide Corbett destination to complainant and also told that Corbett destination is not available. OPs have failed to fulfill their commitment and lastly prayed for refund of the membership amount alongwith compensation on account of mental agony and harassment and litigation expenses.

7.             It is evident from the payment voucher Ex.C1 dated 14.10.2019, complainant has paid a membership fee of Rs.72,000/- to the OPs. It is also evident from the Ex.C2 dated 14.10.2019, OPs has issued a Holiday Voucher in favour of the complainant. Baljinder Singh Venue Manager of the OPs has also handed over his visiting card as Ex.C3 to the complainant.

8.             It is evident from message Ex.C5 that the complainant have planed go to Kerala and Sikkim and complainant has sought list of the properties situated in Kerala and Sikkim. The said message has been duly received by the employee of the OPs but OPs failed to provide the list of properties of said places. From the message Ex.C6 to Ex.C13, it has been proved on the record that complainant continuously made a request to the OPs to provide the suitable property so that she may enjoy the membership but OPs have not properly responded the abovesaid messages.

9.             When the OPs have not allowed the complainant to enjoy the membership, a legal notice Ex.C16 served upon the OPs with regard to refund the membership amount but OPs have not replied the said notice and ultimately complainant sent the said notice through email Ex.C17, which was duly received by the OPs but OPs have neither bother nor replied the said notice. The notice of the complaint was also issued to the OPs, same were delivered to the OPs but OPs did not appear before this Commission and opted to be proceeded against exparte.

10.           This is not a first instance, rather these types of agencies allure the customers and first they show colorful dreams and hopes to the customers with their false promises and later, they go back on their promises and grab the hard earned money of the customers.  Complainant had taken membership for enjoying/taking advantage of holidays but OPs failed to provide resort to its members to enjoy holidays

11.           To rebut the evidence produced by the complainant, OPs did not appear and opted to be proceeded against exparte. Thus, the evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same.  Hence the act of the OPs amounts to deficiency in service and unfair trade practice.

12.           It is evident from the payment receipt Ex.C1, complainant paid Rs.72,000/- to the OPs for membership. Thus, complainant is entitled for refund of Rs.72,000/- alongwith compensation on account of mental agony, harassment and litigation expenses

13.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to pay Rs.72,000/- to the complainant. We further direct the OPs to pay Rs.25,000/- to the complainant on account of mental agony and harassment suffered by her and Rs.5500/- for the litigation expense. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:12.01.2023                                                                     

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

       

(Vineet Kaushik)             (Dr. Rekha Chaudhary)

                     Member                          Member

Sushma

Stenographer