Chandigarh

DF-II

CC/125/2024

RASHMI SABHARWAL - Complainant(s)

Versus

TAG VACATION INDIA LTD. - Opp.Party(s)

VIPUL SABHARWAL

01 Oct 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	CC/125/2024
Date of Institution	:	18/03/2024
Date of Decision	:	01/10/2024

       

                                       

                       

 

 

 

1. Rashmi Sabharwal, aged 65 years w/o Mr. Vidosh Kumar Sabharwal r/o 2276-B, Sector 47-C, Chandigarh 160047.
2. Vidosh Kumar Sabharwal, aged 69 years, s/o Late Sh.O.P.Sabharwal, r/o 2276-B, Sector 47-C, Chandigarh 160047.

                                ...  Complainants

Versus

Tag Vacation India Ltd., Registered Office : 109, FF, Block-B, Ansal Plaza Moll, Hudco Palace, August Kranti Marg, New Delhi 110049, through its M.D/Authorized Signatory.

Tag Vacation India Ltd., Corporate Office : 126, Tower A, 2^nd Floor, the Corenthum, Sector 62, Noida, Uttar Pradesh 201309.

…. Opposite Party

 

BEFORE:
	SHRI AMRINDER SINGH SIDHU	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
ARGUED BY:
	Sh. Vipul Sabharwal, Counsel for complainants
	OP ex-parte.

       

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.        The complainants have filed the present consumer complaint alleging that on 3.5.2023 the representatives of the OP visited their residence for the purpose of handing over free holiday stay voucher (Annexure C-1) of 2 nights and 3 days at Tag Vacation Club. The representatives of the OP projected and described several types of holiday packages (Annexure C-2 Colly.) and convinced the complainants to take membership by stating that defence personnel are given special offers and services. Accordingly, complainants had chosen a holiday plan of “10 year Gold” having 6N 3D holidays per year for 10 years vide application form (Annexure C-3) and paid total amount of ₹1,95,985/- vide different credit card entries (Annexure C-4 Colly.), as detailed in para 3 of the consumer complaint.  In July 2023, complainants received the welcome letter dated 3.5.2023 (Annexure C-5).  The complainants were told by the representatives of OP that free holiday coupon was valid for one year whereas as per foot notes, it was valid for 6 months only.  The complainants were also told that they would get free food for the entire period of holiday at Jim Corbett National Park at the resort of the OP but to the shock of the complainants the representatives of the OP intimated that no free food would be available. It was also assured that accommodation would be available at private resorts of the OP as and when required by the complainants but later on it was disclosed that the accommodation would be provided only as per availability and that too in specific locations.  The complainants were also promised that they would be provided complete waiver of AMC to tune of ₹10,999/- per year on account of being from defence background but there was no response from the OP regarding the same.  In this manner, complainants were misguided and unnecessarily harassed by the representatives of the OP.  Being dis-satisfied with the services of the OP, complainants and OP exchanged various emails (Annexure C-7 Colly.), Whatsapp message (Annexure C-8) as well as letter dated 10.11.2023 (Annexure C-9) for discontinuation of the membership and refund of the amount but to no avail. Alleging that the aforesaid acts of omission and commission on the part of OP amounts to deficiency in service and unfair trade practice, complainants have filed the instant consumer complaint seeking refund of the amount paid alongwith interest, compensation and litigation expenses.
2.        Since notice sent to OP was received back with the remarks ‘refused’ and none put in appearance before this Commission on its behalf, OP was proceeded against ex-parte vide order dated 26.4.2024.
3.        Complainants led evidence in support of their case.
4.        We have heard the learned Counsel for the complainants and have gone through the documents on record, including written arguments.
5.        It is observed from the record that based upon the projections and inducements of the representatives of the OP, complainants had purchased “10 year Gold” plan which included 6 nights and 7 days holidays per year for 10 years and paid total amount of ₹1,95,985/-, as is also evident from the Tag Vacation Club – Membership Details annexed with the welcome letter (Annexure C-5) sent by the OP whereby the OP admitted to have received membership amount of ₹1,95,985/- and the balance amount was shown as ‘NIL’. 
6.        The main plea of complainants is that the OP failed to provide the promised/assured services viz. free holiday coupon valid for one year; free food at Jim Corbett; accommodation  at private resorts as and when required and waiver of AMC charges per year on account of being from Defence background.  Accordingly, feeling harassed and misguided at the hands of OP and its representatives, complainants contacted the OP and exchanged correspondence (Annexure C-7 to C-9) with the request to the refund the deposited amount but the OP failed to resolve the grievance of the complainants. The complainants have also filed their affidavits in support of their averments in the consumer complaint.  Hence, we are of the opinion that the failure of the OP to provide the promised/assured services certainly amounts to deficiency in service and unfair trade practice on its part, especially when the entire evidence led by the complainants is unrebutted.
7.        It would not be out of place to highlight the general conduct of the service providers, like the OP in the present case, as they or their agents/representatives, with a view to sell their product/goods and allure as many persons as they can, do provide various assurances/ promises to the gullible consumers, however, when the time comes to honour such assurances/promises, they simply refuse or try to take shelter behind one or the other technicalities.  Such attitude/conduct is highly deprecatory and the complainants cannot be made to suffer for the deficiency in service or unfair trade practice on the part of the OP or its agents/representatives.
8.        In view of the above discussion, present consumer complaint succeeds, the same is accordingly partly allowed and the OP is directed to refund the deposited amount of ₹1,95,985/- alongwith interest @ 10% per annum from the date of filing of the present consumer complaint, till the date of its actual realization. 
9.        This order be complied with by the OP within 60 days from the date of receipt of its certified copy.
10.        The pending application(s) if any, stands disposed of accordingly.
11.        Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

 

ANNOUNCED 01/10/2024 hg	(AMRINDER SINGH SIDHU) PRESIDENT
	(B.M.SHARMA) MEMBER