Order by:
Sh.Amrinder Singh Sidhu, President
1. This Consumer Complaint has been received by transfer vide order dated 26.11.2021 of Hon’ble President, State Consumer Disputes Redressal Commission, Punjab at Chandigarh under section 48 of CPA Act, vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2022 from District Consumer Commission, Ludhiana to District Consumer Commission, Moga to decide the same in Camp Court at Ludhiana and said order was ordered to be affected from 14th March, 2022.
2. The complainant has filed the instant complaint under section 12 of the Consumer Protection Act, 1986 (now section 35 of Consumer Protection Act, 2019) on the allegations that Opposite Party No.1 is the company dealing with booking Hotel and tourism all over world through its website and through Opposite Party No.2 whereas Opposite Party No.2 is the chains of Hotel and Resorts and Opposite Party No.3 is registered office of Opposite Party No.2. Further alleges that on the allurement of the representative of the Opposite Parties that Aveda Hotel is giving packages to its customers and the details of the list of the hotels has been listed on their website world destination.com. Accordingly, on the assurance of the Opposite Parties, the complainant purchased package vide application No. 3366 which was valid for 3 years and was available for only four star category hotels for an amount of Rs.36,000/- for 9 nights (4K per night for a couple and two kids) stay in any four star hotels. The complainant deposited Rs.18,000/- on 14.03.2015 and remaining amount of Rs.18,000/- on 26.04.2015 against receipts. In the month of May, 2015 the complainant had sent a email to Opposite Parties and got two nights booked from them at Macau, but for balance 7 nights the complainant have sent several requests to their only available member Ravinder Arora on their registered mail ID, but not getting any booking. Thereafter, in the month of August, 2016 the complainant alongwith his family members had planned to visit Shimla for 3 days and two nights vacations and at that time, the complainant sent a email to the Opposite Parties for reservation of Hotel at Shimla, but the Opposite Parties did not send any confirmation nor booked any hotel and has not even replied to the mails or the telephone calls. Thereafter, the complainant made so many requests to the Opposite Parties either to book the hotels as per the desire of the complainant or to refund the amount, but the Opposite Parties did not pay any heed to the request of the complainant as promised and as such, there is deficiency in service on the part of the Opposite Parties. Vide instant complaint, the complainant has sought the following reliefs.
a) The Opposite Parties may be directed to refund the sum of Rs.36,000/- alongwith interest and also to pay Rs.1 lakh on account of compensation for causing him mental tension and harassment besides Rs.21000/- as litigation expenses or any other relief to which this District Consumer Commission complainant may deem fit be also granted.
3. On notice, initially Opposite Party No.2 appeared through their counsel, but despite availing sufficient opportunities, they have failed to file even the written version to defend its case. Further none has come present on behalf of the Opposite Parties No.1 and 3 and at last, they were proceeded against exparte.
4. In order to prove his case, the complainant alongwith his complaint also placed on record his affidavit as Mark ‘A’ alongwith copy of receipt Mark ‘B’ copies of e-mails Mark ‘C’ to Mark ‘F’
5. We have heard the ld.counsel for the parties and also gone through the documents placed on record.
6. Ld.counsel for the Complainant has mainly reiterated the facts as narrated in the complaint and contended that as per the assurance and commitment and despite advance payment of Rs.36,000/- to the Opposite Parties, the Opposite Parties have failed to provide the services as assured and hence, there is deficiency in service on the part of the Opposite Parties. On the other hands, the Opposite Parties have failed to even defend its case by filing any written version of the complainant. On the other hand, to prove his assertion, the complainant alongwith his complaint has placed on record his affidavit as Mark ‘A’ alongwith copy of receipt Mark ‘B’ copies of e-mails Mark ‘C’ to Mark ‘F’ and these documents have nowhere denied by the Opposite Parties even by filing any written reply as well as any other cogent or convincing documents on the record and as such, the version of the complainant can not be denied in the absence of any documentary evidence on behalf of the Opposite Parties.
7. The contract agreement vide which the complainant obtained membership of the Opposite Parties Hotel, is not disputed. It is also an admitted fact that the complainant has deposited Rs.36,000/- for 9 nights (4K per night for a couple and two kids) stay in any four star hotels of the Opposite Parties i.e. Rs.18,000/- deposited on 14.03.2015 and remaining amount of Rs.18,000/- on 26.04.2015 against receipts. But the Opposite Parties have failed to provide the requisite facilities to the complainant despite assurance. Facts of the case in hand attract to the ratio of law laid down in Harsharan Singh Versus Country Club India Limited & others decided on 1.4.2015 by the Hon’ble State Commission, Chandigarh, wherein it has been held that complainant is entitled for the refund of Rs. 80000/- which he paid to the opposite parties alongwith interest @ 9% per annum which would cater for compensation on account of harassment and mental agony, suffered by him because of deficiency in rendering service, on the part of the opposite parties.”. It was also held by the Hon’ble National Commission, New Delhi in case titled “Country Club Versus Nirmal Kumar Pandey” vide order dated 22.4.2014 that consumer can seek compensation when club and resort membership turned out to be illusory.
8. On account of unfair trade practice being carried out by the opposite parties for not providing the facilities as agreed by opposite parties to the complainant, the complainant has suffered a great mental pain, agony, harassment at the hands of the opposite parties. Act & conduct of the opposite parties amounts to gross negligence, carelessness, deficiency in service and unfair trade practice and the complainant is required to be compensated in accordance with law.
9. Keeping in view the aforesaid facts and circumstances, we partly allow the complaint of the complainant and direct all the Opposite Parties jointly or severally to refund the amount of Rs.36,000/- (Rs.Thirty Six Thousands Only) alongwith interest @ 8% per annum from the date of filing the present complaint i.e. 27.09.2017 till its actual realization. All applications pending before this District Consumer Disputes Redressal Commission, if any, stand disposed off accordingly. Compliance of this order be made by the Opposite Parties within 60 days from the date of receipt of the copy of this order, failing which the Complainant shall be at liberty to get the order enforced through the indulgence of this Commission. Copies of the order be furnished to the parties free of cost by District Consumer Disputes Redressal Commission, Ludhiana and thereafter, the file be consigned to record room after compliance.
10. Reason for delay in deciding the complaint.
This Consumer Complaint was originally filed at District Consumer Disputes Redressal Forum (Now Commission) at Ludhiana and it keep pending over there until Hon’ble State Consumer Disputes Redressal Commission, Punjab vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2022 has transferred the instant Consumer Complaint alongwith Other Complaints to District Consumer Disputes Redressal Commission, Moga with directions to work on this file onward from 14th March, 2022 and accordingly District Consumer Disputes Redressal Commission, Moga has decided the present complaint at Camp Court, Ludhiana, as early as possible.
Announced in Open Commission at Camp Court, Ludhiana.
