Chandigarh

DF-I

CC/766/2022

SHELLY SINGLA - Complainant(s)

Versus

WORLD TRAVEL ARC - Opp.Party(s)

29 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/766/2022
Date of Institution	:	31/8/2022
Date of Decision	:	29/7/2024

 

1. Shelly Singla

 

2. Atul Goel

 

House No. 1049, Sector 38B, Near Vivek High School, Chandigarh.

… Complainant

V E R S U S

 

World Travel Arc S.C.F-45, 2^nd floor, phase-9, S.A.S. Nagar, Mohali, 160062.

.  … Opposite Party

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR SURESH KUMAR SARDANA	MEMBER MEMBER

                       

ARGUED BY	:	Sh. Harish Rikhari, Advocate for complainants alongwith complainant No.1 in person.
	:	OP exparte.

Per surjeet kaur, Member

     Briefly stated the complainants received a phone call from a person from World Travel Arc  Company who said that the complainants have won a lucky coupon for family dinner at Hotel James in sector 17. On reaching there, they said that they belong to a travel company called World Travel Arc (WTA) i.e. Opposite Party and they offer a lot of great Stay packages to customers and even claimed themselves to be better than Club Mahindra, which is considered as one of the best travel companies with awesome properties, spread all over India and abroad. The Key benefits and advantages of WTA, which they committed to the complainants, were explained to them. After explaining so many advantages the OP insisted the complainant to buy gold membership costing of Rs.95,000/- and as per demand of the OP the complainant paid  advance of Rs.40,000/- to the OP. The OP assured the complainant  that they will fulfill all the commitments and will give the services to the complainants whenever they want. The OP insisted the complainants to pay the membership amount in one go so that they  will avail discount of Rs.5000/- and on the insistence of OP the complainant paid a total amount of Rs.90,000/- to the OP and the OP gave the complainants written agreement of gold membership starting from 12.2.2018 to 31.1.2023. It is alleged that when the complainants requested for booking in Manali, the OPs offered below average rooms as a result of which the same was cancelled by the complainants. Similarly the complainants tried to book rooms in Shimla and Darjeelling but again average hotels were offered by the OP. It is alleged that for the tour of Andaman and Nicobar and for Rameshwaram the OPs demanded Rs.6000/-  as annual subscription although in the written commitment only Rs.3000/- was to be paid to them once for 5 years as annual subscription. It is stated that till 28.9.2019 8 night stays were given by the OP and thereafter even after many emails for booking the OP denied the same.  The OP intimated the complainants that 14 vacations have been lapsed since the complainants did not take them and only 14 are left which the complainants should consume in one year. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed.

2. The  OP in its reply  admitted that  the complainants  requested for booking in Manali and Shimla and the OP as per their eligibility offered them 3-4 star hotel but the complainants were adamant for getting 4 start category hotel. It is averred that the OP has provided services to the complainant as and when required. As per package eligibility the complainant has 7 nights to be used in a year which can either be used by them or anyone else on their behalf and even they can gift their 7 nights package to someone else they might want. In the trip for Andaman and Nicobar, with 2 rooms for 4 nights makes it 8 nights in a stretch which was never a part of offered package, subsequently which was denied and second room was offered on discounted basis. As per package terms it is clearly mentioned in the terms and conditions of member applications form, welcome mail sent after sign up and even in welcome letter Annual Subscription charges of Rs. 3000/- have to be paid as per annual membership charges and nowhere it is mentioned that the same have to be deposited only once. After being satisfied with all the previous booking and their experiences, the complainants again approached the OP with a request for reservation on 03.08.2019 for Rameshwaram for dates 29.08.2019- 30.08.2019 for 3 adults and 1 kid, OP's revert was sent on the next day 04.08.2019 with best suitable hotel options. Denying any deficiency on its part all other allegations made in the complaint has been  denied being wrong.
3. After filing reply the OP proceeded against exparte on 27.3.2024 as none turned up on its behalf.
4. No rejoinder filed.
5. Contesting parties led evidence by way of affidavits and documents.
6. We have heard the learned counsel for the contesting parties and gone through the record of the case.
7. As per the case of the complainants they deposited Rs.90,000/- with OP in advance to avail the services of gold membership towards the holiday package. As per the complainant the Ops committed that their hotels/resorts are  spread  world wide  and all parts of India and also the OP promised deliver of inflation proof holidays i.e. no issue even in peak season.  As per agreement Annexure A-1 at page 9 of the paperbook, it is clearly written that within 2 years the consumer i.e. the complainants can upgrade to international membership after paying fees of Rs.1,05000/- in EMIs  and also benefit of complementary breakfast  for 5 years  alongwith pick and drop facility, stay completely free and services charges of Rs.3000/-  for five years.
8. However it is evident from record that the OP against their own agreement did not provide the promised facility and even the annual services charges were  charged on the higher side. The contents of the complaint shows that the complainant was not satisfied with the hotels provided by the OP as they were not of the standard/quality as promised before the purchase of the product  i.e. the gold membership. Despite repeated requests of the complainants the OP  failed to provide proper services to the complainants. It is admitted fact that the complainants availed only a few holidays and 28 more holidays are still pending out of the package.
9.   In view of the of above we are of the view that the act of OP for providing sub-standard facilities and non-honouring their own terms and conditions amounts to deficiency in service  and the OP is liable to compensate the complainants for mental agony and physical harassment suffered by them  and  is also liable to refund the paid amount in proportionate which we quantify to Rs.72,000/-
10. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly allowed. OP is  directed as under:-

1. to refund ₹72,000/- to the complainants alongwith interest @ 9% per annum (simple) from the date of institution of the present consumer complaint  till onwards
2. to pay ₹8000/- to the complainants as compensation for causing mental agony and harassment;
3. to pay ₹10,000/- to the complainants as costs of litigation.

11. This order be complied with by the OP within a period of 45 days from the date of receipt of certified copy thereof, failing which the amount(s) mentioned at Sr.No.(i) & (ii) above shall carry penal interest @ 12% per annum (simple) from the date of expiry of said period of 45 days, instead of 9% [mentioned at Sr.No.(i)], till realisation, over and above payment of ligation expenses.
12. Pending miscellaneous application(s), if any, also stands disposed off.
13.      Certified copies of this order be sent to the parties free of charge. The file be consigned.

 

			sd/- [Pawanjit Singh]
			President
			Sd/-
			[Surjeet Kaur] Member   Sd/-
29/7/2024			[Suresh Kumar Sardana]
mp			Member