Chandigarh

DF-II

CC/792/2019

Neelam - Complainant(s)

Versus

Vaqam Holidays and Resorts Pvt. Ltd. - Opp.Party(s)

Arun Kumar Adv. & Varun Bhardwaj Adv.

06 Nov 2020

ORDER

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

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Consumer Complaint  No	:	792 of 2019
Date  of  Institution	:	21.08.2019
Date   of   Decision	:	06.11.2020

 

 

 

 

1]  Neelam, aged 24 years, wife of Kailash Chand Bairwa, Resident of H.No.39, Sarangpur, UT, Chandigarh 160014

2]  Kailash Chand Bairwa aged 27 years son of Sh.Ramshai Biarwa, resident of House No.39, Sarangpur, U.T., Chandigarh 160014.

             …..Complainants

Versus

1]  Vaqam Holidays and Resorts Pvt. Ltd., through its Managing Director, Corporate Office : 420, 38 Ansal Tower, Nehru Palace, New Delhi 110019

2]  The Managing Director, Vaqa, Holidays and Resorts Pvt. Ltd., Corporate Office: 420, 38 Ansal Tower, Nehru Palace, New Delhi 110019

   ….. Opposite Parties 

 

BEFORE:  SH.RAJAN DEWAN             PRESIDENT

         SH.B.M.SHARMA                     MEMBER 

                                SMT.PRITI MALHOTRA             MEMBER

                               

 

 

Argued by :- Sh.Varun Bhardwaj, Adv. for complainant

  None for OPs.

 

 

PER B.M.SHARMA, MEMBER

 

         Briefly stated, the complainant and his wife attended a meeting with the officials of OPs at Hotel Sapphire, Zirakpur on 27.12.2018, whereby they were offered attractive scheme about Tours in India and Abroad for their members/clients.  It is averred that being allured by lucrative offers of OPs, the complainants opted their membership for a total sum of Rs.70,000/- out of which Rs.50,000/- was paid on 27.12.2018 through credit card of complainant No.2.  It is averred that the complainant No.2 intimated the representative of OPs No.1 & 2 that he will make the balance payment of Rs.20,000/- when they will organize the tour for him for which they agreed.  It is submitted that the representative of OPs intimated the complainants that the will received ID, Password and Card within 10 days from 27.12.2018, but to the surprise of complainants, they did not received any of such document from OPs even after lapse of 4 months from 27.12.2018.  It is also submitted that when the complainants contacted the OPs on phone for sending Id, Password etc., the representative of OPs telephone told the complainants to further pay Rs.7000/- annually.  It is further submitted that the complainants were again shocked to received a letter on 12.4.2019 from Ops for demand of Rs.7000/- every year with regard to Annual Subscription Fee, whereas it was never disclosed by them at the time of offering membership.  It is pleaded that the complainant No.2 repeatedly called the OPs No.1 & 2 from time to time either for providing the holidays plan or to refund the amount of Rs.50,000/- but to no avail.  Hence, this complaint has been filed alleging the said act & conduct of OPs as gross deficiency in service and unfair trade practice. 

 

2]       The OPs have filed joint reply and while admitting the factual matrix of the case, stated that OPs are not in the business of providing holiday packages on the contrary, they are into the business of Hospitality and leisure holiday vacation plan wherein the OPs provide Holiday to its Members in various resorts.  It is stated that the complainants own their free will accept the Membership of the OP Company without any undue influence, coercion and fraud.  It is also stated that the OPs disclosed all the terms and conditions of the membership to the complainant and after going through same, the complainants accepted the Membership.  It is stated that the complainants signed the agreement which includes the terms & conditions of the Membership and if the complainants were not satisfied they have the right to withdraw from the Membership within 10 days, but they did not do so (Ann.R-1).  It is stated that the complainants make payment of Rs.50,000/- only against the Membership amount of Rs.70,000/-.  It is pleaded that the OPs clearly disclosed the complainants to pay annual subscription charges as is mentioned in the membership agreement.  It is submitted that the Membership ID card was sent to the complainants at their address through courier (Ann.R-2) and the ID number and password were disclosed to the complainants telephonically.  It is also pleaded that the OPs intimated the complainants to continue with the Membership plan and avail the services of the OPs and if the complainants want refund, the company will charge cancellation and levy other charges. Denying all other allegations and pleading no deficiency in service or unfair trade practice, the OPs have prayed for dismissal of the complaint.

 

3]       The parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the complainant and have gone through the entire record.

5]       The thorough perusal of documents placed on record, clearly shows that the Opposite Parties/Magic Holidays have never honoured their commitments/promises, which inspired, induced & enticed the complainants to pay hefty amount of Rs.50,000/- while opting for their membership. Thus, this Commission is of the firm view that Opposite Parties have failed to honour the commitments/promises made to the complainants while offering their membership. 

6]       It is also opined that the complainants has invested their hard-earned money to have some happy time/outing for their family. The act of the OPs for not arranging tour and demanding further amount, despite receipt of Rs.50,000/-, amounts to deficiency in service on their part. 

7]       In the light of above observations, we are of the considered view that the Opposite Parties are found deficient in giving proper service to the complainants and having indulged in unfair trade practice. Hence, the present complaint of the Complainants deserves to succeed against the Opposite Parties and the same is allowed qua them. The Opposite Parties are, jointly & severally, directed as under:-

a]  To refund the amount of Rs. Rs.50,000/- paid by the Complainants along with interest @9% p.a. from the date of deposit, till realization

b]   To pay Rs.10,000/- as compensation on account of deficiency in service and causing mental and physical harassment to the Complainants; 

c] To pay Rs.10,000/- as cost of litigation;

         The above said order shall be complied with by the Opposite Parties within a period of 30 days from the date of receipt of its copy, failing which they shall be liable to pay additional compensatory cost of Rs.20,000/-, apart from the above relief.

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

Announced

6^th Nov., 2020                                                                                                                                                                         sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

 

Sd/-

(B.M.SHARMA)

MEMBER