Chandigarh

DF-I

CC/937/2021

Anshu Duggal - Complainant(s)

Versus

The Boutique Club, M/s Tarangan Holidays Pvt. Ltd. - Opp.Party(s)

Neeraj Sharma

11 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/937/2021
Date of Institution	:	23.12.2021
Date of Decision	:	11/03 /2024

 

Anshu Duggal aged 41 Years wife of Rajeev Duggal resident of H.No. 590, Phase-2, Mohali

... Complainant

VERSUS

 

1) The Boutique Club, M/s Tarangan Holidays Pvt. Ltd., 225A-225B, 2nd Floor, Vipul Agora, M.G. Road, Gurgaon 122001 through its Director Mr. Rakesh Kalra.

 

2nd Address: The Boutique Club, M/s Tarangan Holidays Pvt. Ltd.. Turquoise Hotel, 29/7, Industrial & Business Park, Phase 2, Near Tribune Chowk, Chandigarh - 160002

 

2) Rakesh Kalra Director The Boutique Club, M/s Terangan Holidays Pvt. Ltd., 225A-225B, 2nd Floor, Vipul Agora, M.G. Road, Gurgaon-122001

 

3) Shakti Manager, The Boutique Club, M/s Tarangan Holidays Pvt. Ltd.. Turquoise Hotel, 29/7, Industrial & Business Park, Phase 2. Near Tribune Chowk, Chandigarh - 160002

...Opposite Parties

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                               

ARGUED BY	:	Sh. Sourabh Advocate proxy for Sh. Satish Kumar, Advocate for complainant
	:	OPs exparte.

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OPs). The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that  the complainant  and her husband and 10 years son planned to go Kerala  for  spending holidays, as such contacted M/s Abad Hotels  India Pvt. Ltd. for reservation. on 1.7.2019 after discussion between the parties,  the reservation of the complainant  was booked from 21.12.2019 to 29.12.2019  for Rs.80,000/-  and the said package included hotel reservation for 8 nights and 9 days, breakfast, welcome drink on arrival, accommodation in doublice occupancy rooms one night stay in A/c premium house boat with all means, A/c Indigo/Etios car for  transportation with sightseeing, day trip to  to Kanyakumari and pick up from Cochin Airport and drop at Trivandrum Airport. On 27^th July 2019, the amount for the package was revised for 81500/-. Accordingly the complainant on 8.7.2019 made advance payment of Rs.10,000/-  to Abad Hotel Pvt. Ltd.  and copy of bank statement reflecting payment is annexed as Annexure C-2.  As in the month of December,  it was peak season in Kerala as such it was pre-condition that in case of cancellation of the reservation, the advance payment will not be refunded by the said M/s Abad Hotels India Pvt. Ltd. On 1.7.2019, return flights tickets for 21.12.2019  were also booked from New Delhi to Kochi  for Rs.24,716/- and on 15.7.2019 the complainant got booked flight tickets for 29.12.2019 from Trivandrum to New Delhi  for Rs.29,356/-. The said payment is reflected in Annexure C-2  and the copy of tickets is annexed as Annexure C-3 and C-4. On 16.12.2019 a telephonic call was received on the mobile of the husband of the complainant from the office of OPs, that their company deals in booking of holidays and have their own four star and five hotels in India and Abroad. Accordingly Ms. Ritu invited the husband of the complainant alongwith complainant to hotel Turquoise near industrial area phase-2 Chandigarh  through whatapp message Annexure C-5.  The complainant and her husband  went to the said hotel around 4.00 p.m.,  where they met  OP No.3 and other staff members who had shown power point presentation on their laptop and assured best services. The complainant disclosed the OPs that they have already booked  reservation for Kerala from 21.12.2019 to 29.12.2019 but the OPs had shown rosy picture to the complainant and her husband  and convinced that  they have an offer for day in which if the complainant pay a sum of Rs.65000/-  then they will make all arrangements for the complainant for the upcoming Kerala tour for 8 nights and 9 days and the complainant being allured  with the treatment given by the OP No.3 and staff members of the OPs agreed to avail the said package to be provided by the OPs as the OPs had also assured that the advance payment Rs.10,000/-  already paid by the complainant to M/s Abad Hotel India Pvt. Ltd.  will be compensated by the OPs as they will provide 3 night and 4 days complimentary stay in Kerala . In addition to that the OP  No.3 had also provided 2 night and 3 days holiday voucher in their hotels Dr. Batra Skin and hair check up, Headmaster Salon Voucher and discount vouchers of food, spa and activity worth Rs.15,000/- On receiving the entire payment of Rs.65,000/-  from the complainant and her husband an agreement Annexure C-7 was signed between the complainant and OP No.3. Thereafter the complainant informed M/s Abad Hotel India Pvt. Ltd. about the cancellation of their booking  on 18.12.2019. The OP No.3  and its staff  on 19.12.2019 informed the complainant that they do not have any properties in Kerala  in Kovalam (Trivandrum) as such they were unable to provide assured complimentary 3 nights and 4 days package from 26.12.2019 to 29.12.2019. The complainant shocked to hear the same  from OP No.3 as they had already cancelled their earlier booking through M/s Abad Hotel India Pvt. Ltd.  and having left with no other option, the husband of the complainant  got booked  room at Arabian Sea Palace at Kovalam (Trivandrum) and  copy of booking is annexed as Annexure C-9.  On further enquiry the staff told the complainant that they do not have property at  Kerala  and the complainant had to select from the list of hotels provided by the OPs. On  this the complainant sent email dated 20.12.2019  informing that the assurance given by them is fake . Thereafter the complainant and his family after reaching at  Kerala  had to make their own arrangements for their stay at Kerala and whenever the OPs had provided the hotel accommodation, the same was not upto the mark as promised by the OPs and the complainant has to make extra payment for their stay. The aforesaid act amounts to deficiency in service and unfair trade practice on the part of OP/s. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OPs resisted the consumer complaint and filed their written version, inter alia, taking preliminary objections of maintainability, cause of action, concealment of facts. However, it is admitted that the complainant had made booking for their Kerala trip through them on payment of Rs.65000/- but it is denied that there is any deficiency of service on their part.  In fact the complainant could have withdrawn the deposited amount within 10 calendar days after deduction of 25% as administrative charges and 3% in case of online payment  and the reservation was subject to availability and eligibility and that  booking for the same opened 4 months in advance from the selected holidays in own season. On merits, the facts as stated in the preliminary objections have been re-iterated. The cause of action set up by the complainant is denied.  The consumer complaint is sought to be contested.
3. Despite grant of numerous opportunities, no rejoinder was filed by the complainant to rebut the stand of the OP.

2. In order to prove their case, complainant tendered/proved her evidence by way of affidavit and supporting documents. However, as OPs failed to file evidence despite grant of sufficient opportunity, therefore, vide order dated 8.6.2023 of this Commission, opportunity to file the same was closed
3. We have heard the learned counsel for the complainant and also gone through the file carefully, including the written arguments on record.
   1. At the very outset, it may be observed that when it is an admitted case of the parties that the complainant had booked Kerala trip  for herself and her family through OPs on payment of Rs.65,000/-  and the  OPs could not provide the booked service on all the places  during their trip as agreed upon  between the parties, the case is reduced to a narrow compass as it is to be determined if  the aforesaid act of OPs is deficiency ins  service and the complainant is entitled for the relief as prayed for as is the case of the complainant or if the complaint is not maintainable being false and frivolous and liable to be dismissed as  is the defence of the OPs.
   2. Perusal of Annexure C-7  the copy of agreement clearly  indicates that an amount of Rs.65,000/-  was paid by the complainant and her husband  to the OPs  for the three years membership  and for their trip to Kerala. Annexure C-8   whatsapp message sent by the complainant to the OPs clearly  indicates that  the complainant had also given their tour programme  for making their stay arrangement on different dates on different places in Kerala, which was also cancelled by the officials of the OPs.  Annexure C-18 and C-19  are the photographs indicating that the accommodation provided to the OPs were not up to the mark as promised by the OPs and as such the complainant and her family had to undergo a lot of mental agony and harassment.
   3. In their reply the OPs have categorically admitted that the complainant can ask for the refund of the deposited amount  within 10  calendar  days as per clause 8.1 subject to certain deduction. However, as it is proved on record that the OPs have failed to provide the assured services to the complainant owing to which the complainant and her family had to undergo lot of mental agony and physical harassment, there is no question of any deduction from the deposited amount  and the complainant is entitled for  refund of the full deposited amount as there is clear cut deficiency in service and unfair trade practice on part of OPs, especially when the entire case set up by the complainant in the consumer complaint as well as the evidence  led by complainant is unrebutted by the OPs. Hence, the instant consumer complaint deserves to be allowed.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OPs are directed as under :-

1. to pay ₹65000/- to the complainant(s) alongwith interest @ 9% per annum from the date of deposit till onwards.
2. to pay an amount of ₹15000/- to the complainant as compensation for causing mental agony and harassment to her;
3. to pay ₹10,000/- to the complainant/s as costs of litigation.

5. This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 11/03/2024 mp			Sd/- [Pawanjit Singh] President
			Sd/-
			[Suresh Kumar Sardana] Member