| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA CC.No.211 of 08-08-2019 Decided on 27-11-2019 Dr.Gagandeep Goyal aged about 38 years S/o Tarsem Goyal R/o Kothi No.513, Model Town, Phase I, Bathinda (Punjab) ........Complainant Versus The Holidays Club (A unit of Club Holidays and Resorts OPC Pvt. Ltd.), Ansal Plaza Mall, (FF-SR003) Vaishali, Ghaziabad UP-201012, through its Director Shri Narinder Bharti. .......Opposite party Complaint under Section 12 of the Consumer Protection Act, 1986 QUORUM Sh.M.P Singh Pahwa, President. Smt.Manisha, Member. Present:- For the complainant: Sh.Rohit Jain, Advocate. Opposite party: Ex-parte. ORDER M.P Singh Pahwa, President The complainant Dr.Gagandeep Goyal (here-in-after referred to as complainant) has filed complaint U/s 12 of Consumer Protection Act, 1986 against opposite party The Holidays Club (here-in-after referred to as opposite party). Briefly stated, the case of the complainant is that he is MBBS. MD, DM (Gastro) and doctor by profession at Bathinda. He holds good reputation and practice. An invitation by telephone from opposite party was received regarding some holiday tour packages having some special features in it. He was told to visit HBN Hotel Bathinda. It is alleged that being allured by the oral offers made by opposite party, the complainant visited HBN Hotel Bathinda on 9.6.2019. During the meeting, tall claims regarding best customer service were made by opposite party. The complainant was told that he will be getting four/five star customer services in the four/five star resorts/properties situated in India and out of India. It was also told that he will be getting handsome discount on food and other extra services, which he would be hiring through opposite party at the time of his future tours. It was also brought to his notice that all the properties/resorts offered by opposite party are newly built with latest design and at very good geographical locations in addition to fact that each and every resort has been maintained with high hygiene of international standard. He was also offered best facilities and best resorts as per his requirement. There were various other lucrative services and offers made apart from the promises by opposite party. It is further alleged that being allured by the services, the complainant opted for membership of club of opposite party and ten years family tour package having total cost of Rs.1,60,000/-. This amount was paid by Smt.Rabina Maheshwari, wife of the complainant. The complainant asked for copy of detailed terms and conditions of the package and services to be offered, but opposite party got the requisite amount deposited from him without providing kit and informing him about the actual terms and conditions of the package. It was promised by opposite party that the detailed terms and conditions of the package and details of the services offered by opposite party shall be delivered to him at Bathinda in the form of kit within two weeks. It is further alleged that one complimentary trip for Manali was given to the complainant for three nights and four days. He opted this trip from 11 July 2019. It was verbally promised to him that he will be getting services free of costs alongwith a suite room and four/five star property at Manali as a complementary tour. It is further alleged that as per booking dates, the complainant visited Manali property on 11.7.2019, but he was shocked to notice the dilapidated condition of the resort and unhygienic condition of room provided to him and its surroundings. He immediately complained about the condition of the resort to opposite party, but opposite party did not pay any heed to his requests for getting it cleaned or to change the resort. When nobody paid any attention to the complaints made by the complainant, he was forced to leave the resort and he had to hire other resort at his own expenses and to pay exorbitant price. For this harassment, he and his family is under huge mental tension and feeling embarrassed by bad treatment. It is further alleged that the services provided to the complainant by opposite party at Manali resort were not as promised by it on 9.6.2019 while making offer. On this backdrop of facts, the complainant has alleged unfair trade practice and deficiency in service. It is also alleged that the complainant got issued legal notice to opposite party and informed it that he did not want to continue his membership with the club. He demanded refund of his entire amount alongwith interest and damages to the tune of Rs.10 lakhs, but to no response. Hence, this complaint for refund of Rs.1,60,000/- with interest; Rs.10 lakhs as compensation and Rs.22,000/- as litigation expenses. Upon notice, none appeared on behalf of opposite party. As such, ex-parte proceedings were taken against it. Complainant was asked to produce evidence. In support of his claim, the complainant has tendered into evidence photocopy of credit card statement, (Ex.C1); photocopy of receipt, (Ex.C2); photographs, (Ex.C3 to Ex.C26); photocopies of invoices, (Ex.C27 and Ex.C28); photocopy of legal notice, (Ex.C29); postal receipt, (Ex.C30) and his affidavit dated 7.8.2019, (Ex.C31). We have heard learned counsel for complainant and gone through the file carefully. Learned counsel for complainant has reiterated his stand as taken in the complaint and detailed above. We have given careful consideration to these submissions. Ex.C1, is account statement, which shows that the complainant paid Rs.1,60,000/- to opposite party on 9.6.2019 through bank account. Ex.C2, proves confirm visit of the complainant from 11.7.2019 to 14.7.2019 at The Holiday Club, Ghaziabad. Ex.C3 to Ex.C26 are photographs, which are produced to prove that condition of the resort and surrounding was not at Par and not up to mark, rather it is surroundings with unhygienic material. Ex.C27 and Ex.C28 are invoices to prove that the complainant stayed on 11.7.2019 at Manuallaya The Resortspa and then at Sterling Resort and he spent Rs.16,147/- and Rs.14,084/- at these places for stay and food. The complainant has also placed on record copy of legal notice, (Ex.C29). It is also his version that opposite party has not replied to legal notice. His evidence is unrebutted and unchallenged. It is also his case that booking of the membership was offered at Bathinda and membership was also accepted at Bathinda by paying Rs.1,60,000/- in advance. Therefore, this Forum has territorial jurisdiction. For the reasons recorded above, the complaint is partly accepted with Rs.5000/- as cost against opposite party. The complainant is entitled to compensation to the tune of Rs.50,000/- for suffering harassment and availing alternative accommodation. Opposite party is also directed to refund the membership fee of Rs.1,60,000/- to the complainant and treat his membership as surrendered/withdrawn. The compliance of this order be made within 45 days from the date of receipt of copy of this order. The complaint could not be decided within the statutory period due to heavy pendency of cases. Copy of order be sent to the parties concerned free of cost and file be consigned to the record. Announced:- 27-11-2019 (M.P Singh Pahwa) President (Manisha) Member
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