District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.490/2024.
Date of Institution:16.07.2024.
Date of Order: 24,10.2024.
Binay Ranjan Jain aged about 70 years, S/o late Dr. H.C.Jain, R/o 1505-1506, T2, Savana, RPS City, Sector-88, Faridabad – 121002.
…….Complainant……..
Versus
Tag Vacation India Limited,
1) 2nd floor, Office No. 127, Tower A, The Corenthum, Plot No. 41, Sector-62, Noida, Uttar Pradesh – 201309.
2) 109, FF, Ansal Plaza, Hudco Place, New Delhi – 110 049.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma………..Member
Indira Bhadana………….Member.
PRESENT: Shri B.R.Jain,- complainant in person.
Shri Dev Kumar, AR on behalf of opposite party.
ORDER:
The facts in brief of the complaint are that at the time of purchase of the above referred membership on 10th November 2023 at Faridabad, from the opposite party and subsequently by a telephone call from the opposite party’s official No. +91-74000 80008, confirmed by an email from opposite party’s office, the following were agreed:
a) Total membership amount would be Rs.1,18,000/- which was paid by the complainant on 10th November, itself. (This amount was to be paid to the HDFC Credit Card in 24 monthly instalments with total being 1,45,000/-.
b)``Rs.8500 plus 18% GST further would be paid annu7ally for the duration of the membership i.e. 5 years, as ASF.
c) Every year, hotel accommodation of 6 nights/7 days in any combination/s of complainant’s choice and location/s of the complainant’s choice would be provided. This would cover either 2 adults with 2 children or 3 adults. (Further the complainant also had the option that in case he wished 2 rooms then a stay would be reduced to a total of 4 nights/5 days instead of 6N/7D, for that year, which was started and confirmed by the opposite party’s representative Mr. J.P.Yadav on 10.11.2023). In all cases, the accommodations would be 5 star hotels/resorts. In addition, if extra bed was called for then, a charge of Rs.1000/- per day.
d) The opposite party had asked about the complainant’s meals preference, which clearly indicates that, as per the travel parlance in vogue, breakfast would and should also normally be included in the accommodations arrangements by the opposite party.
e) A gift voucher of Olistica care was also issued. The complainant had not used it as the opposite party was unilaterally changing the agreed terms right from day 1.
f) In addition to the yearly 6N/7D plan, three special gifts packages were also promised -1) 2N/3D (6 months validity), 2 3N/4D at either Bhimtal or Corbett with breakfast and 3) 01 International Short Haul Welcome week to Maldives, All the gifts packages would have a 2 years validity, which was stated and confirmed by the opposite party’s representative Mr. J.P.Yadav on20th Nov. 2023, as the reimbursement payment plan to the complainant’s credit card of Rs.1,18,000/- was 2 years. In all cases, the accommodation would be 5 Star hotels/resorts.
Based on the opposite party’s email dated 11th November, for the 01 International Short Haul Welcome week to Maldives, the terminology clearly indicates an all inclusive trip). When the complainant asked the opposite party to arrange the complainant’s flight from New Delhi Airport, as the complainant live in Faridabad, Haryana and as short haul flights were upto 3 hours travel, while from Delhi to male he flight timings were upto 3 hours travel, while from Delhi to Male the flight timings was around 4.5 hours, the opposite party revised the agreed terms unilaterally by issuing a revised email of 13th November , 2023. The complainant had hotly contested this right from the receipt of the email of 13th November.
4) Based on 3) above, the complainant booked a 6N/7D package for Kerala for the dates 3rd to 9th December 2023. The reservations were made as per Annexure 4, with a condition that breakfast charges were to be paid extra @ Rs.1200/- per day for two person, totaling Rs.7200/-. The complainant contested it but paid under protest as he had already booked their air tickets. As in addition to the B/F charge, there were gross violations of other agreed terms, the complainant did not use these reservations, and had to cancel them. Verbally to the opposite party’s representative Mr. Deb on 16th November, 2023 and confirmed it on the 17th November and 22nd November,2023. This resulted in the complainant making other accommodation arrangements at very higher costs. The violation in agreed terms were as under:-
i) Breakfast charges being levied.
ii) The rooms booked were in 2/3 star hotels/resorts.
iii) Further, on cancellation, the opposite party were also not reinstating the 6N/7D package for the Ist year which they had used for booking of the cancelled Kerala trip, as well return Rs.7200/- aid to tem, by the complainant, for the breakfast charges. This also clearly violates the opposite party’s own terms and conditions for cancellations, as the complainant had cancelled the reservations by giving more than 16 day’s notice. The opposite party were /had been changing/had changed the agreed terms unilaterally to suit themselves, as under:
a) for the three special gifts packages provided -1) 2N/3D (6 months validity), 2) 3N/4D at either Bhimtal or Corbett with breakfast and 3) 01 International short Haul Welcome week to Maldives.
b) For the 01 International Sort Haul Welcome week (6N/7D) to Maldives, the agreed terms were also inclusive trip. When the complainant asked the opposite party to arrange the complainant’s flights from New Delhi Airport,as the complainant live in Faridabad, Haryana and as short haul flights were upto 3 hours travel, while form Delhi to Male the flight timings was around 4.5 hours., the opposite party revised the agreed terms unilaterally by issuing a revised email of 13.11.2023.
c) The opposite party had asked about the complainant’s meals preference, which clearly indicates that, as per the travel parlance in vogue, breakfast would and should also normally be included in the accommodations arrangements by the opposite party. Meals normally mean lunch and dinner only. As such, all accommodations arrangements would be inclusive of breakfasts ,but exclude lunches and dinners.
d) The room booked for Kerala trip were in 2/3 Star resorts, while the complainant’s option was for 5 Star accommodation only. Further, on cancellation, the opposite party was also not reinstating the 6N/7D package for the Ist year which they had used for booking of the cancelled Kerala trip, as well return Rs.7200/ paid to them for the breakfast charges. This also clearly violates their own terms and conditions for cancellations.
e) Most importantly, the complainant had very categorically sated, in the order close form that he would require 7 days time to decide. Thus, the complainant’s purchase was not finalized and was subject to reversal, which option the complainant had availed of, firstly contesting the opposite party’s changed terms, thereafter cancelling the arrangements and putting a request for full refund of the paid amount of Rs.1,35,230/-. The complainant had been requesting the opposite party by emails/telephone calls to adhere to all agreed terms and conditions, as well as extend suitably the validity period of the opposite party’s attitude to enable utilize them properly, which the opposite party had refused and was still refusing to do so. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) provide the complainant all the facilities which they had agreed to and also ensure that the complainant can and am able to enjoy the vacations in a proper manner, including all the gift vouchers/gifts stays, as under:
b) extend the time period to avail the gifts stays as well as the gift vouchers for two years from the date of the award to enable utilize the stays and gifts, in a proper manner, i.e the relevant reasons. This includes one week (7 days/6 nights) all inclusive holiday in Maldives and one week (7D/6N) in Bali, for 3 adults.
c) Extend the period of the membership, at no extra cost, for 5 years from the date of the award, to enable the complainant enjoy the agreed stays in a proper manner.
d) to provide, every year, hotel accommodations, of 6 nights/7 days in any combination/s of complainant’s choice and location/s of children or 3 adults. (Further, the complainant also had the option that in case he wished 2 rooms then a stay would be redued to a a total of 4 nights/5 days instead of 6N/7D, for that year.
e) In all caes, the accommodations would be 4/5 star hotels/resorts, and inclusive of breakfasts.
f) re-instate the period of the Kerala booking which were not availed and were timely cancelled.
f) refund Rs.7200/- charged towards the breakfasts, which were not availed.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the complainant was well aware about the cancellation policy of the membership as it was explained to the complainant which could only be cancelled within 10 days of the signing of the agreement due to valid reason as per terms and condition of membership agreement and the same was signed by the complainants after reading the same. The present complaint of the complainants was not maintainable as the complainant had no locus standi to file the present complaint as there was arbitration clause in the membership agreement as “12. Arbitration and jurisdiction’ 12.1. It was agreed between the parties herein that in the event of any dispute claims or differences arising under this agreement, the applicant shall, contact differences arising under this agreement, the applicant shall, contact the customer care team. While the customer care number was 7400080008, in the event, the second party reaches no resolution then the company. Thereafter of the parties failed to reach any resolution then the company. Thereafter of the parties fail to reach any resolution even after discussion with the officers from the resolution cell, the second party may adjudicate the dispute by way of sole arbitrator as per the provision contained under law, the sole arbitrator should be nominated by the company and/or the authorized person of the company alone. The place of arbitration should be Noida/Delhi only and the same should be governed under arbitration act,Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
To establish his case, the complainant has led in his evidence CW1/A – affidavit of Binay Ranjan Jain,Ex.C-1 – Abad Green Forest/Resort in Thekkady, Ex.C-2 (2/3)– payment receipt, Ex.C2 3/3 –details about payments and refunds in your payments, Ex.C-3 – receipt, Ex.C-4 – email.
On the other hand counsel for the opposite partiesNos.1 & 2 strongly agitated and opposed. As per the evidence of the opposite partiesNos.1 & 2 Ex.RW1/A – affidavit of Dev Kumar S/oMunni dev R/o VPO – Kurremmerpur, Moradabad, Utter Prasesh, Ex.R-1 – Application details,, Ex.R-2 – terms & conditions, Ex.R-3 – email.
5. In this case the complaint was filed by the complainant against opposite parties– M/s. TAG Vacations Club Limited with the prayer to: a) provide the complainant all the facilities which they had agreed to and also ensure that the complainant can and am able to enjoy the vacations in a proper manner, including all the gift vouchers/gifts stays, as under: b) extend the time period to avail the gifts stays as well as the gift vouchers for two years from the date of the award to enable utilize the stays and gifts, in a proper manner, i.e the relevant reasons. This includes one week (7 days/6 nights) all inclusive holiday in Maldives and one week (7D/6N) in Bali, for 3 adults. c) Extend the period of the membership, at no extra cost, for 5 years from the date of the award, to enable the complainant enjoy the agreed stays in a proper manner. d) to provide, every year, hotel accommodations, of 6 nights/7 days in any combination/s of complainant’s choice and location/s of children or 3 adults. (Further, the complainant also had the option that in case he wished 2 rooms then a stay would be reduced to a a total of 4 nights/5 days instead of 6N/7D, for that year. e) In all cases, the accommodations would be 4/5 star hotels/resorts, and inclusive of breakfasts. f)re-instate the period of the Kerala booking which were not availed and were timely cancelled. f) refund Rs.7200/- charged towards the breakfasts, which were not availed.
6. The complainant was not satisfied with the services agreed by the opposite party and the complainant also requested for the refund of the deposited money alongwith interest. On the other hand, the counsel for the opposite party given the written arguments and also argued that they are ready to increase the facilities as well as gift voucher and additional services to the complainant.
During the course of arguments, opposite party offered to the complainant for the extra benefit but the complainant present before the Commission in person and argued that he is totally harassed and spent lot of money and give legal notices as well as several emails to the opposite party. The complainant is not satisfied with the behavior of the Company’s officer and they promised him a lot but they have not complied even a single commitment.. The complainant also requested for the refund of the deposited money. There is no default of the complainant. He asked to refund the money alongwith interest,
7. After going through the evidence led by the parties, the Commission is of the opinion that no doubt, opposite parties are making false promises which are recapable to the complainant. The complainant is asking for the refund of the money. In the interest of Justice, this is a hard money of the old senior person. The complainant is a qualified person and he is almost 70 years. The complainant is surrendering the membership of the opposite party. Hence, the complaint is allowed with the direction to opposite party to pay the balance amount after deduction of 10% of the paid money. Opposite party is also directed to pay Rs.3500/- as compensation for causing mental agony to the complainant. No litigation will be given to the complainant as the complainant himself is pursuing the case. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 24.10.2024. (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
