ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

This is the Complaint filed by the Complainant U/S Section 35 of Consumer Protection Act 2019, against the Opposite Party (herein referred in short as O.P) alleging the deficiency in service in not refunding the amount paid and not providing services and also for damages of Rs.50,000/- as compensation and for Rs.12,000/- towards legal fee and for Rs.15,000/- as medical expenses which they paid for the medical sufferance they have undergone and for other reliefs as the Commission deems fit.

2.      The brief facts of the complaint are that;

The OP invited the complainant by informing that they are providing holiday membership for about 20 years and arranged a meeting on 18.12.2021, stating that they are the part of “Courtyard by Marriott Hotel Group” and the members will be entitled for six night seven days stay on every year for about 20 years in any location in India and abroad with breakfast and lunch in different tied up hotels of 5 star and 4 star category like Hyatt, Le Merdien, Leela, Novotel etc. Further he was also informed that he is entitled for 30% discount on airfare, car booking, dinner, in hotels and also the sale representative of OP lured the complainant with gift voucher discount coupons.  On the next day the complainant found that whatever promised by OP as package were not there in the agreement signed by him.  When he tried to contact the sale persons and customer team, he did not get the proper reply and also were mislead willfully, deliberately and concealed the important information.  Even he was not allowed to look into the documents.

There were many complaints against the OP in the google website and the website reviews found OP not providing proper services and were misleading the customers with fake promises.  He decided to cancel the membership and in turn informed the same to the OPPOSITE PARTY. When the complainant request for Goa package on 13^th January 2022 was not provided. He intimated the customer care, the sales person and the manager regarding cancellation of the membership. The entire discussions have been recorded by the Manager Ashu Arora. Inspite of it, there is no response from OP and even not refunded the amount. He has to pay the EMIs in respect of the amount paid by him through credit card to the OP. He paid Rs.1,95,000/- with 0% interest loan obtained through his HDFC Credit card.  

3.      Further a sum of Rs.50,000/- has been got transferred to the account of OP from his ‘Bank of India’ account and further a sum of Rs.20,000/- from ‘SBI’ account and Rs.10,000/- from ‘ICICI’ account and another Rs.5,000/- from ‘HDFC Bank’ account and in all OP has received Rs.2,80,000/- for the package.  There were misleading statement, contradictory statement, and OP has failed to convince him.  The google and mouth shut reviews complain that the consumers have been affected by the OP service and they were still waiting for the companies response.  When contacted the customers from Delhi they are still struggling for the service of OP.  The person from Bangalore was lured by the OP stating that they are part of ‘Marriott Hotel’ but in reality, they are not.  He found that OP has no properties or tie up with hotels for which OP is selling membership.  They did not share the copies of the documents and were pressurized to sign up the documents. During the said meeting he was informed that the amount will be refunded and the members can avail benefits along with children, whereas they did not specify the age of the children. They also informed that the agreement would be sent through email and their company is a sister concern of Marriott hotel and the package can be availed upon the full payment of the membership and further the members can avail discount of 30% on air fare, car booking, dinner in the hotels, and also they can do holiday planning on online. Whereas in reality, there was no refund of the amount paid towards membership and the children age, restricted to six years, refused to share the copy of the agreement, it is not related to Marriott hotel, holiday to be booked only after receiving the welcome kit, no discount available and to send email regarding their tour travel and then the team would send the hotels.  

The sales person just informed in the meeting on 07.01.2022at 10.30 am., on the matters available on the website.  They also informed a call from the sales person.  The act of the OP is unfair on verification with the contents of the Google portal. Many customers have suffered due to false promise made by the OP. the agreement between them and OP is enforceable and it should define the mutual rights and obligations.   OP have not spent any amount even a single rupee towards membership travel or accommodation. The OP made false promise and has been negligent in not refunding the amount when they expressed their unwillingness to continue their membership and hence there is deficiency in service on the part of the OP and hence prayed to allow the complaint.

4.      The notice sent to OP was delivered as per the postal track consignment record.  Hence this Commission held the service of notice is sufficient and since OP was absent placed exparte.

5.      In order to prove the case, complainant filed their affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the complainant has proved deficiency in service on the part of the Opposite Party?

2) Whether the complainant is entitled to the relief prayed for in the complaint?

6.     Our answers to the above points are:-

POINT NO.1:            In the Affirmative

POINT NO.2:            Partly in the affirmative.

                                For the following.

REASONS

7.     POINT No.1 AND 2:-

   Perused the complaint, affidavit evidence and the documents produced by the complainant.  Ex.P1 to P7 documents have been marked on behalf of the complainant. On perusing the same, it becomes clear that the complainant by paying Rs.2,50,000/- became a member of the OP to avail the benefits.  As per the email correspondences produced which is perused by us, clearly reveals that OP have refused to refund the amount inspite of the complainant’s cancelling the membership.  Without offering and providing any services and retaining the entire amount would be unfair practice, which cannot be entertained at any cost.  Hence non refunding of the amount without providing any service, OP is bound to refund the same by retaining at least about 10% of the amount towards the administrative charges and office expenses.  Hence we answer point No.1 and 2 partly in the affirmative and direct OP to refund Rs.2,50,000/-  less 10% of the amount along with interest at 12% p.a., within 30 days from the date of receipt of the order.  Further act of OP in not refunding the amount when requested and demanded, put the complainant to physical hardship and financial loss for which we direct OP to pay a sum of Rs.10,000/- towards damages and Rs.5,000/- towards litigation expenses and proceed to pass the following;

ORDER

1. Complaint is allowed in part with cost.
2. OP is directed to pay Rs.2,50,000/- less 10% of the amount along with interest at 12% p.a., within 30 days from the date of receipt of the order.
3. OP is further directed to pay a sum of Rs.10,000/- towards damages and Rs.5,000/- towards litigation expenses to the complainant.
4. OP is further directed comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter.
5. Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order failing which the same will be weeded out/destroyed.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 10^TH DAY OF MAY 2022)

MEMBER                 MEMBER                PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Payment details

Ex P2: Agreement copy

Ex. P3: Email communications

Ex P4: Bank repayment schedule

Ex P5: Grievance to the National Consumer Helpline

Es P6: Copy of the legal notice

Ex P7: List of events with dates

Ex P8: Refund policy showing in company website

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

Exparte

Copies of Documents produced on behalf of Opposite Party/s

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MEMBER                 MEMBER                       PRESIDENT

HAV*