BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.276 of 2013

Date of Instt. 2.7.2013

Date of Decision :22.12.2014

Atul Malhotra, Managing Director, Karvy Forex Pvt Ltd, 111, Prestige Chamber, Jalandhar City, Punjab-144001.

..........Complainant

Versus

1. The Managing Director, RPC Holidays, Synthesis Business Park, Plot AA11/CBD/1, Wing B, Level 02, New Town, Paragnas North, Kolkata 700157.

2. Royale Premium Club Pvt Ltd, PO Box 1620 Chandigarh-160017.

.........Opposite parties

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Present: Sh.Vikaram Shorey Adv., counsel for complainant.

Oppoiste party No.1 exparte.

Complain against opposite party No.1 given up.

Order

J.S. Bhatia (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act against the opposite party Club on the averments that the complainant is a resident of 111, Prestige Chamber, Jalandhar City, Punjab-144001. The opposite parties are in the business of providing holiday packages and the complainant purchased a holiday package from their sales representative. The complainant had purchased a membership from the opposite party under the membership No.749200252 and the receipt No.175010. He had made the payment through cheque on 25.8.2012 at the price of Rs.33,000/-. Another membership was under the membership No.649300315 receipt No.175001 and the price of the same was Rs.9999/-. However, the complainant was provided with the commitment that 4 star and 5 star holiday for 6 nights in each membership in any property would be available to him and there is scheme where he will be provided on extra night in each membership as complimentary. But, whenever they would try and contact the representatives of the opposite parties, the representatives would always make excuses and say that the company had a policy of slot and time sharing system and that no room was available. This was especially distressing because the membership was for one year only. The complainant was only provided with rooms at a time inconvenient to him. How can the complainant be expected to take up a holiday just because the rooms are available. Parties have never responded to the complainant's multiple emails nor have they provided him with a holiday whenever he has asked. It is most relevant to mention that this policy of slot and time sharing was mentioned nowhere in the document signed for the purchase of membership. The complainant even sent a letter dated 28.5.2013 stating deficiency in services and non refund of money. The complainant did not hear from the opposite parties even after rigorous follow ups. On such like averments, the complainant has prayed for directing the opposite parties to refund the money paid by him for membership. He has also claimed Rs.10,000/- as compensation and Rs.1000/- as litigation expenses.

2. Notice of this complaint was given to opposite party No.2 but it did not appear inspite of notice and as such it was proceeded against exparte.

3. Opposite party No.1 was given up by the complainant. His statement in this regard was recorded separately on 16.12.2014.

4. In support of his complaint, learned counsel for complainant has tendered affidavit Ex.CA alongwith copies of documents Ex.C1 to C13 and closed evidence.

5. We have carefully gone through the record and also heard the complainant and his counsel.

6. Ex.C1 and ex.C2 are membership forms of the complainant. The amount paid for membership form or application Ex.C1 on account of cost of membership is Rs.33000/- and in respect of Ex.C2 is Rs.9999/-. The grievances of the complainant is that whenever it asked for accommodation for holidays, the opposite parties would always make excuses that the company has a policy of slot and time sharing system and that no room was available. The complainant has placed on record emails Ex.C-5 to Ex.C-8 sent to the opposite party Club in this regard. In email Ex.C-5 it is mentioned as under:-

"dear sir

we are holding two membership one is priority and other is platinum nu as 749200252 and 649300315. When we give our booking one month before then u said we can confirm only 15 days before and now we are giving our booking 15 days before u said there is slot system which is finish. But things are if u have slot system u should tell us when we give u cheque as per your system we can not book our flight before. Its cheating to us. We are advocates and definitely go for consumer court shortly and when we try to contact your senior then your people not giving phone number. We need booking at Jaipur in October but u people said our slot finish and when we contact early then they said we are doing its all fraud.

atul malhotra".

7. in Ex.C-6 it is mentioned as under:-

" Sir your agency not doing justice with us. We give hotel booking 45 days before at Mansorrie but after 45 days you are saying we can provide 2 nights only where as we given booking for 6 nights for honeymoon trip. Our tickets are confirmed and now you are saying we can given 2 nights only. I request you many time that solve my problem otherwise I have to approach consumer court.

We holding 2 membership one is priority other is platinum in the name of karvy forex p ltd".

8. Email Ex.C-7 and Ex.C-8 are also on the same lines. So from the evidence on record, it appears that complainant obtained two membership after paying Rs.33000/- and Rs.9999/- but whenever it asked for accommodation for specific period for the purpose of holidays or vacations, the same was denied to it on one excuse or other. The opposite party has not come present to contest the claim of the complainant. The complainant can not be expected to go for holidays or vacations because rooms are available with opposite party. Non providing accommodation to the complainant whenever asked for definitely constitute deficiency in service.

9. In view of above discussion, the present complaint is accepted and opposite party no.2 i.e Royale Premium Club Pvt Ltd is directed to refund the membership fee of Rs.33000/- plus Rs.9999 to the complainant alongwith 9 % interest from the date of filing of the present complaint till the date of payment. It is clarified that interest amount is being granted by way of compensation. The complainant is also awarded Rs.1000/- as litigation expenses. Copies of the order be sent to the parties free of costs under the rules. File be consigned to the record room.

Dated Jyotsna Thatai Jaspal Singh Bhatia

22.12.2014 Member President