Chandigarh

DF-II

CC/1037/2019

Yash Paul Mittal - Complainant(s)

Versus

Tarangan Holidays Pvt. Ltd - Opp.Party(s)

D.K. Singal Adv. & Ammish Goel Adv.

07 Jan 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	1037 of 2019
Date  of  Institution	:	16.10.2019
Date   of   Decision	:	07.01.2022

 

 

 

 

1]  Yash Paul Mittal S/o Sh.Babu Ram, R/o House No.754, Sector 91, JLPL, Mohali (Punjab)

2]  Anju Bala w/o Sh.Yash Paul Mittal, R/o House No.754, Sector 91, JLPL, Mohali (Punjab).

             …..Complainants

 

Versus

1]  Tarangan Holidays Pvt. Ltd. having its Registered Office at Unit No.225 A, B, Second Floor, Vipul Agora, Mehrauli, Gurugram Road, Sector 28, Gurugram through its Managing Director.

2]  Tarangan Holidays Pvt. Ltd., having its Branch Office at SCO No.146-147, First Floor, Sector 34-A, Chandigarh through its Branch Manager.

   ….. Opposite Parties

[2]

Consumer Complaint  No	:	986 of 2019
Date  of  Institution	:	14.09.2019
Date   of   Decision	:	07.01.2022

 

 

 

 

1]  Deepak Rani Ahluwalia W/o Col. Mohan Ahluwalia, aged about 64 years resident of K-304, Jaipuria Sunrise, VIP Road, Zirakpur, Punjab 140603

2]  Col. Mohan Ahluwalia w/o Sh.Bakshish Singh Ahluwalia, aged about 66 years, resident of K-304, Jaipuria Sunrise, VIP Road, Zirakpur, Punjab 140603

             …..Complainants

 

Versus

Tarangan Holidays Private Limited, Head Office 225A-225B, 2^nd Floor, Vipul Agods Mall, M.G.Road, Sector 28, Gurgaon 122001, Haryana, India through its Director.

Also at: Regional office – SCF 26, 2^nd floor, City Emporium Mall, Wave Cinema, Industrial Area,   Phase-1, Chandigarh through its Branch Head.

   ….. Opposite Party

 

BEFORE:  SH.RAJAN DEWAN             PRESIDENT

         SMT.PRITI MALHOTRA             MEMBER 

                    SH.B.M.SHARMA                      MEMBER

 

 

Argued by :- Sh.Ammish Goel, Adv. for complainant.

Sh.Rajat Chaudhary, Adv. proxy for Sh.Amit Chaudhary, Adv. for OPs

 

PER PRITI MALHOTRA, MEMBER

         By this common order, we propose to dispose of the above mentioned two consumer complaints in which similar questions of law and facts are involved.  

2]       The facts are being taken from the present “Complaint Case No.1037 of 2019 – Yash Paul Mittal & Anr. Vs. Tarangan Holidays Pvt. Ltd. & Anr.”

3]       Concisely the case of the complainants is that on being allured by the lucrative offers & false promises made by the representative of the OP Company, they opted for their Membership of ‘The Boutique Club’ under plan ‘Varsha (White)” for five years entitling them to get a benefit of four nights & five days every year along with other facilities.  Accordingly, the complainant made payment of Rs.88,000/- to the OPs and executed an agreement on 4.3.2019  (Ann.C-1).  Thereafter, the OPs issued Food Vouchers of Rs.10,000/- (20 voucher of Rs.500/- each) on 9.3.2019 in the name of complainant No.1.  It is stated that some of the enrollment benefits were not provided by the OPs though committed at the time of offering the membership which was reported to them vide email dated 18.3.2019 (Ann.C-4). The complainant also reminded the OPs on 19.3.2019 and requested them to depute some official so that the respective clauses in the agreement be added/amended at the earliest, but that was never done. It is submitted that the complainants keeping in view the assurances given by the Ops to be true, asked them to arrange for their bookings for Singapore and also sent their schedule of services required by them through email dated 2.4.2019.  The complainants also written an email to OPs on 4.4.2019 (Ann.C-10) requesting them to use the DAE (Dial an Exchange) entitlement for three nights for two rooms and the additional payment for the same was to be made by complainants only after getting password and ID from OPs, which they never provided. It is also submitted that inspite of repeated requests and reminders, the committed facilities never provided to the complainants by OPs, as a result, the complainants were compelled to cancel their travel plan to Singapore due to which they suffered huge financial loss.  Thereafter, in order to avail the benefit of club membership, complainant No.1 asked the Ops to book the arrangements for their stay at Shoghi for 7^th & 8^th June, which though was confirmed by Official of OPs vide email dated 25.4.2019, but neither the booking facility of Shoghi nor ID & Password of DAE had been provided to them by OPs even after lapse of more then 200 days whereas the same was to be provided within 45 days from the date of booking.  Ultimately, the complainants sought cancellation of their membership and refund of amount paid by them to the OPs vide email dated 19.8.2019 (Ann.C-19), but to no avail.  Hence, this complaint has been filed alleging gross deficiency in service and unfair trade practice on the part of OPs.

 

2]       The OPs have filed joint reply and while admitting the factual matrix of the case, stated that the complainants after going through all the clauses and conditions, signed the agreement of Membership (Ann.R-1).  It is stated that at Point No.11 of the signed agreement, it is described that the reservation is subject to availability and eligibility.  It is submitted that OPs received cancellation request after 3 months of the membership, whereas as per Clause 8.2 of the signed agreement when the withdrawal application is received beyond 10 days from the receipt of down payment, per Clause 1.4, 60% of the amount is non-refundable and only 40% is payable subject to deduction.  It is submitted that at Point 11 of the signed agreement, it was clearly mentioned that confirmation for holidays is subject to eligibility and availability and that booking for the same is open 4 months in advance from the selected holidays in even season.  It is also submitted that the vacation demanded by the complainants was for Singapore including cruise.  It is pleaded that OPs never had any property in Singapore nor they have accepted booking for Singapore by the complainants.  It is also pleaded that it is nowhere written in the agreement that OP party will provide booking for Singapore for vacation. It is further pleaded that the OPs only charged for DAE enrolment and they nowhere mentioned in the agreement that they have property or book vacations in Singapore. It is asserted that if complainant wishes to visit Singapore in that case they have to contact directly to DAE and moreover, the OP neither mentioned any property in their list of property which is already provided to the complainant nor assured for the same.  Denying all other allegations and pleading no deficiency in service or unfair trade practice, the OPs have prayed for dismissal of the complaint.

 

3]       Replication has also been filed by the complainants thereby reiterating the assertions made in the complaint and controverting that of the OPs in the reply.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and have perused entire record including written arguments.

        

6]       After having gone through the whole record of the case in hand, it has been observed that the OPs not only rendered deficient service, but also guilty of resorting to unfair trade practice.  The reasons for such observations are explained hereunder;

 

7]       Proven fact that the complainants availed the membership of OPs after having been influenced by the exaggerated commitments & offers so made by the officials of the OPs at the time of offering of their membership to them.  After having entered into an Agreement, the OPs sent an email dated 12.3.2019 (Ann.C-3) showing the details of their membership as well as additional benefits offered. This email clearly reflects that the complainants opted for Varsha (White) Plan by making payment of Rs.88,000/- for a period of 5 years for 4 nights & 5 days every year and also with additional benefit of Travel in Aamod as well as tie up property.  Vide the said email, it is clear that the Member of White Plan, can travel in Blue & White Season and also entitled to travel in one step upgraded Red (Peak) season & two step upgraded Purple (Higher Peak) Season against deduction of 1 night only. The complainants are also made to understand that they are also entitled for additional benefits i.e. Entitled to get DAR Membership enrolment 1^st year Gold and rest 4 year and also their annual subscription fee amounting to Rs.4000/- has been waived off.  As per, the said email, the complainants are also entitled for benefit of Site Seeing every year 1 day in Aamod owned properties upto 60 kms and are entitled to deluxe room category, which is single spacious/luxurious room with occupancy of 2 adults & 2 kids.  This email also states that the complainants are also entitled for Ennoblement benefits i.e. 3 Nights & 4 Days Holiday Voucher,  AMC Waived Off, Rs.10,000/- Food Voucher, Rs.10,000/- Shopping Voucher and refund on air tickets upto Rs.10,000/-.

 

8]       In response to that email, the complainants vide email dated 18.3.2019 (Ann.C-4) apprise the OPs that certain commitments made at the time of offering the membership are missing in ennoblement benefits to which the OPs replied vide email dated 18.3.2019 (Ann.C-5).  The said reply/email dated 18.3.2019 sent by the OPs is reproduced as under for the sake of convenience:-

 

9]       In the above said email, the OPs while clarifying other terms, also clarified that the complainants are also entitled for Singapore through voucher as this is a special tie-up and intimated that 10 K activity voucher shall be dispatched along with Spa Voucher as & when they are available as they are out of stock as well extend the Aamod nights facility upto 8 years.

 

         The complainant No.1 again intimated about his concern to the OPs vide email dated 19.3.2019 (Ann.C-6), claiming some committed benefits but no heed was paid to it by the OPs.  The OPs vide email dated 19.3.2019 also clarified to the complainants that the Agreement is in a Standard Format, but the offers & benefits mentioned in the email dated 18.3.2019 shall have the prevailing effect and ensured to provide quality services. 

 

 

10]       Undoubtly the complainants availed membership of OPs being completely allured by the greener pastures shown by OPs in the shape of providing lucrative benefits, but all the hopes to enjoy the benefits of membership dashed to the ground once the complainants opt to avail the services of the OPs.  The evidence placed on record by the complainants reveals that they opted for Singapore Tour for which they were entitled as per the clarification made by the OPs in their email dated 18.3.2019 (Ann.C-5). The Whatsapp conversation placed on record by the complainant and not objected to by the OPs, reveals that the complainant NO.1 through continued correspondence was forced to change his option from Singapore to Shoghi.  The thorough perusal of record also reveals that the complainant No.1 even accepted to fulfill all the requirements of the OPs in order to avail the benefit of the membership, but despite that benefit of any of the booking was not made available to them. Even when the complainants opted for the trip to Shoghi, as per forceful suggestion made by the representative of the OPs, they were made to know that the same is not available for the demanded dates, but available for future dates which were not suitable to the complainants.  The evidence placed on record by the complainants also transpires that the complainants were not even supplied with vouchers, which the OPs committed to provide and also repeated requests made for providing ID & password in order to avail DAF (Dial an Exchange) facility, were even worked upon by OPs. The complainants were inclined to use the DAE entitlement for 3 nights for two rooms by paying all the additional payments but failed for not being supplied with ID & password by the OPs. 

 

11]       Even complainant No.1 had also raised the issue with OPs on available what’s app number of OPs and sent emails to this effect on 5.4.2019 and 6.4.2019 but no satisfactory response was given by Ops, rather they every time lingered on the matter on one pretext or the other.  The complainants after having been completely exhausted by the unsuccessful trials made to avail benefit of membership, opted to cancel the membership and seeks refund of the amount paid by them. The complainants also vide email dated July 29, 2019 (Ann.C-18) reiterated their grievances suffered at the hands of OPs & the reply as well as counter reply through emails are there on record.

          For the sake of convenience, the emails dated July 29, 2019, 14.8.2019 & 19.8.2019 (Ann.C-17 to C-19) are reproduced/scanned below for ready reference:-

 

Ann.C-17

 

Ann.C-18

Ann.C-19

 

 

12]       From the perusal of the contents of emails, reproduced above, it reveals that the OPs seeks apology for the inconvenience suffered by the complainants.  The admissions made by the Ops in their email dated 19.8.2019 Ann.C-19 clearly shows that all the allegations set out in the complaint and averments made are true, highlighting the plight of the complainants suffered at the hands of the OPs.

13]       To our utter surprise the OPs in response to the complaint filed by the complainant vide their reply, belied stating that the complainants were not entitled for any vacation for Singapore and also wrongly stated that to avail the DAE Facility, the complainants were suppose to contact directly to DAE.  Also they wrongly objected that the complainants are not entitled for any refund of the amount, as they opted for the refund after 3 months of the membership. Further claimed that as per Clause 8.2 of the Agreement, if any request for cancellation of the membership is made beyond 10 days period from the receipt of down payment, per Clause 1.4 of the Agreement, 60% of the amount is non-refundable and only 40% is payable subject to deductions, which they never refunded for the reasons best known to them.

 

           The OPs though claimed that as per Point 11 of the Agreement, the reservation demanded is subject to availability and eligibility only, but not came present with any details of overbooking constraining them to confirm the booking of complainant for Shogi for the optional dates.  In our concerted view, the reply filed by the OPs is altogether a bundle of lies and differs materially from the admissions made by them in their emails, already referred/reproduced above.

 

14]       Similar is the position in connected complaint Case No.986 of 2019/Deepak Rani vs. Tarangan Holidays, wherein the complainants sought the booking for Manali, no confirmation was officially issued by the OPs, though the booking was sought well in advance of nearly 40 days. In this case also the OPs acted in such a manner and with an intention not to provide any service to the complainants. Here also the email dated May 22, 2019 (Page 42) sent by the complainants raising their grievance with Ops needs to be reproduced.  The same is reproduced as under:-

        

15]      After having meticulously gone through the record of both the complaint cases and also from the discussions above, it has been sensed that the OPs resorted to unfair trade practice in order to entice the gullible consumers to get trapped into their web of illusions and thereby forcing them to part with their hard earned money in order to enrich their own coffers illegally. It has been observed that all the commitments made and the allurements made/projected by them were, made with no intention to fulfill the same and were made only to cheat the gullible consumers by showing rosy pictures of their membership and facilities thereof. We are of the opinion that the complainants are right enough to opt for the cancellation of their membership when undoubtedly the same was offered by the OPs with core intention to grab their money only with intention not to provide any of the service as committed.  Also the OPs are guilty of not disclosing their hidden terms which the complainants encounter when they try their luck to avail the services of OPs and ultimately they have to give up.  

         It is clear on record that the OPs have not only failed to provide any services qua booking opted by the complainants, but also the OPs failed to provide vouchers for the additional benefits, in time. This add to show that the additional benefits offered with the membership were also made with an intention not to provide the same and if any of the voucher had been provided, that had been provided after a long wait and only on the repeated requests and reminders made by the complainants. Thus the deficiency in service on the part of OPs is writ large. Therefore, apart from compensating the complainants for the deficiency in service rendered by the OPs, we deem it proper to impose punitive damages on the OPs, in order to curb unfair trade practice resorted to by them.

 

16]      In the light of above observations & findings, we are of the considered view that the Opposite Parties not only remained deficient in rendering service but also resorted to unfair trade practice. Hence, the present complaint case No.1037/2019 stands allowed against the Opposite Parties with following directions:-

 

a)  To refund an amount of Rs.88000/- to the complainants;

b)  To pay a compository amount of Rs.25,000/- to the complainants towards compensation for causing mental agony & harassment and litigation expenses;

 

16]      Similarly, the connected complaint case No.986/2019 – Deepak Rani Ahluwalia & Anr.vs. Tarangan Holidays Pvt. Ltd., stands allowed against the Opposite Party with following directions:-

a)  To refund an amount of Rs.60000/- to the complainants;

b)  To pay a compository amount of Rs.20,000/- to the complainants towards compensation for causing mental agony & harassment and litigation expenses;

17]      Apart from above, the Opposite Parties are also directed to deposit a sum of Rs.1,50,000/- (Rs.Two Lakh Only) in the Poor Patient Welfare Fund, PGIMER (PGIMER (Post Graduate Institute of Medical Education & Research),  Chandigarh and a sum of Rs.50,000/- in the “Consumer Legal Aid Account” No.32892854721, maintained with the State Bank of India, Sector 7-C, Madhya Marg, Chandigarh in the name of Secretary, State Commission, UT Chandigarh. After depositing the aforesaid amounts in the relevant accounts, the OPs shall deposit the receipt/proof thereof with this Office.

18]    This order be complied with by OPs within a period of 30 days from the date of receipt of its certified copy, failing which, they shall be liable to pay additional cost of Rs.20,000/- to the complainants, in both the above cases separately, apart from complying the aforesaid directions & relief granted.

         Certified copies of this order be sent to the Director, PGIMER (Post Graduate Institute of Medical Education & Research), Chandigarh as well as to Secretary, State Commission, UT, Chandigarh.

         The certified copy of this order be also sent to the parties free of charge, after which the file be consigned.

Announced                                                             

7^th January, 2022                                                                                                                                                              sd/- 

                                      (RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

 

Sd/-

 (B.M.SHARMA)

MEMBER