Complainant:

Mr. Dipanka Sarmah

No.G3 Mana Carnation

No.70, Green Glen Layout

Bellandur

Bangalore- 560 013

/vs/

Opposite Party:
Vacation Credit Card

No.13, Hamdh Court

Mother Teressa Road

Austin Town, First Stage

Bangalore- 560 047

3
O R D E R


This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the Opposite party (Op in short) for the refund of an amount of Rs.14,000/- with costs and for such other reliefs.



The brief facts of the case are that the complainant had become a member of the Vacation Credit Card (VCC) on 12th July 2007 (membership no VCC-CS-1979) by paying through his credit card for an amount of Rs.14,000/- which included even administrative charges of Rs.2,500/-. As per the agreement signed between them, complainant is eligible for three vacations spread over three years, with minimum one vacation to be utilized within the year, else the same would be lapsed. But there is a provision of extending the same for another one year, before the expiry of the applicable year (in his case, before 11th July 2008). For his personnel reason, he could not utilize the first year vacation within 11th July 2008, and hence he got his first year validity extended to next year (till 11th July 2009) on 20th June 2008. The extended validity was signed by their member (Ms. Anita) along with the company’s seal.



On January 6th 2009, complainant requested the company over the phone (Ms. Anita was the interacting person) for a vacation in Pondicherry between 24th Jan to 26th Jan. 2009. The request was given almost 16 days before the actual vacation, asked for (As per the agreement, request should be given at least one week before the actual vacation). They assured that the same would be confirmed within a week. Since he has already planned for the vacation along with his family, he kept calling up to find the status of the same and prepare himself for the vacation.

But on 15th January, Ms. Anita informs that due to some problems, they cannot book the same in Pondicherry. Instead, she suggested that she could definitely book the vacation in Wayanard for the same period. Accordingly, his family also changed their mind to go to Wayanard. All the preparation for the vacation is ready by 21st January (They were suppose to leave for Wayanard on 23rd evening and even complainant asked some one to book the bus tickets, well in advance, as it was a holiday weekend and lots of rush anticipated). Even on 20th January, Ms. Anita confirms that the confirmation letter to Hotel Haritagiri, Wayanard, has been couriered/posted to his resident address on 19th Jan. evening and should reach him by 21st Jan. Then on 21st January, Ms. Anita calls up and informed that due to some last moment changes, the confirmation is cancelled in the hotel. Even the confirmation letter, which they said that it was couriered on 19th Jan. never reached complainant.

This last moment cancellation really made his family unhappy. The complainant even asked for any other destination (Yercaud) possible to book, as he had already promised to take his family for a vacation. But they said that nothing was possible for 24th Jan, but if any other dates are given then it was possible (but complainant was not interested). Hence immediately the next day (22nd Jan.) he wrote a complaint letter to the Manager, VCC, explaining the situation and asking for cancellation of his membership immediately. The letter was submitted to Ms. Anita by hand on 22nd Jan. evening. She confirmed that by 30th Jan. a letter would reach him by courier, regarding the decision on the cancellation.



Till 2nd February, when no response came from them, he called up to find the status. Every time, Ms. Anita would promise to call back within 5 – 10 minutes, but complainant only always end up calling back. She kept telling that either she was on leave some day, or her boss (Mr. Venkat) was on vacation. In one occasion, she also told that the letter was ready and was in front of her. She explained that in that letter it was mentioned that an amount of 2500/- towards administration and 20% of my membership fee (i.e 20% of 14000/- = Rs.2,800/-) total of 5,300/- had been deducted and the remaining amount of Rs.8,700/- would be refunded back, in form of cheque, which would be payable only in the month of May. On asking for the reason for the deduction, she could not give any convincing reason and kept saying that he talk to Mr. Venkat, when he comes back from vacation. She also informed that the letter had been couriered to him. (She even gave some consignment number of DTDC thru which the letter was sent, but after enquiring he found that no such consignment number exists with DTDC).

This waiting for the letter kept going on till around 15th Feb. Then around 15th Feb. complainant was fortunate to get thru Mr. Venkat. He talked as if he did not know the matter at all. The complainant had to explain him the same all over again (over the phone). He promised to look into the matter and came back to him at the earliest. He indeed came back and said that since his boss (Mr. Raj) was on leave, the letter would be sent to him only by 20th Feb. But even till 24th Feb, it did not come and then he had faxed the letter on 25th Feb, even though the letter is dated 21st Feb. He also told that the original letter was sent to him by courier, however till date the same never reached him. It looks like that they never courier any documents at all. Hence the complainant approached this forum.



Notice was sent to the OP under RPAD and the same was served on it. On the date of version, Op failed to make it appearance before this forum, even though, called twice and no one represented it. Hence, Op place ex-parte. Complainant gave his evidence by way of affidavit and heard arguments of the complainant.



The complainant specifically on oath stated about the payment of Rs.14,000/- towards membership and the receipt produced by the complainant completely corroborates the evidence of the complainant. The correspondence produced by the complainant discloses that he made all efforts to get the benefits as assured by the Op. But the Op failed to provide all facilities and benefits as assured by it and apart from that it went on giving false replies in respect of dispatch of the letters. When the Op as assured of giving vacations benefits as per the agreement it is their bounden duty to provide and comply with the terms and conditions. In case, if it has not provided the benefits, it is the primary duty to refund the amount paid by the complainant otherwise it amounts to deficiency in service. The Op even failed to refund the amount when it has not provided benefits when it was demanded by the complainant for the refund of the amount. Non-refund of the amount definitely amounts to deficiency in service. These facts have not been specifically denied by the Op. After serving the notice, sufficient opportunity has been given to the OP to file its statement of objections to rebut the evidence of the complainant. But inspite of time granted, Op failed to submit its objection, in fact it became ex-parte. In the absence of specific denial by the OP, the evidence given by the complainant is unchallenged.



In view of the discussions made above, we are of the opinion that the complainant has proved the deficiency in service on the part of the Op. Accordingly, we pass the following the order.



O R D E R



Complaint is allowed. Opposite party is directed to refund an amount of Rs.14,000/- (Rupees Fourteen Thousand only) to the complainant within six weeks from the date of this order with interest @ 12% p.a. from the date of its deposit to till the date of realization with cost of Rs.2,000/- (Rupees Two Thousand only).

Thanks for this post.I am planning to go for vacation in december with this membership.Hope they have learnt their lessons

Originally Posted by Sidhant

Complainant:

Mr. Dipanka Sarmah

No.G3 Mana Carnation

No.70, Green Glen Layout

Bellandur

Bangalore- 560 013

/vs/

Opposite Party:
Vacation Credit Card

No.13, Hamdh Court

Mother Teressa Road

Austin Town, First Stage

Bangalore- 560 047

3
O R D E R


This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the Opposite party (Op in short) for the refund of an amount of Rs.14,000/- with costs and for such other reliefs.



The brief facts of the case are that the complainant had become a member of the Vacation Credit Card (VCC) on 12th July 2007 (membership no VCC-CS-1979) by paying through his credit card for an amount of Rs.14,000/- which included even administrative charges of Rs.2,500/-. As per the agreement signed between them, complainant is eligible for three vacations spread over three years, with minimum one vacation to be utilized within the year, else the same would be lapsed. But there is a provision of extending the same for another one year, before the expiry of the applicable year (in his case, before 11th July 2008). For his personnel reason, he could not utilize the first year vacation within 11th July 2008, and hence he got his first year validity extended to next year (till 11th July 2009) on 20th June 2008. The extended validity was signed by their member (Ms. Anita) along with the company’s seal.



On January 6th 2009, complainant requested the company over the phone (Ms. Anita was the interacting person) for a vacation in Pondicherry between 24th Jan to 26th Jan. 2009. The request was given almost 16 days before the actual vacation, asked for (As per the agreement, request should be given at least one week before the actual vacation). They assured that the same would be confirmed within a week. Since he has already planned for the vacation along with his family, he kept calling up to find the status of the same and prepare himself for the vacation.

But on 15th January, Ms. Anita informs that due to some problems, they cannot book the same in Pondicherry. Instead, she suggested that she could definitely book the vacation in Wayanard for the same period. Accordingly, his family also changed their mind to go to Wayanard. All the preparation for the vacation is ready by 21st January (They were suppose to leave for Wayanard on 23rd evening and even complainant asked some one to book the bus tickets, well in advance, as it was a holiday weekend and lots of rush anticipated). Even on 20th January, Ms. Anita confirms that the confirmation letter to Hotel Haritagiri, Wayanard, has been couriered/posted to his resident address on 19th Jan. evening and should reach him by 21st Jan. Then on 21st January, Ms. Anita calls up and informed that due to some last moment changes, the confirmation is cancelled in the hotel. Even the confirmation letter, which they said that it was couriered on 19th Jan. never reached complainant.

This last moment cancellation really made his family unhappy. The complainant even asked for any other destination (Yercaud) possible to book, as he had already promised to take his family for a vacation. But they said that nothing was possible for 24th Jan, but if any other dates are given then it was possible (but complainant was not interested). Hence immediately the next day (22nd Jan.) he wrote a complaint letter to the Manager, VCC, explaining the situation and asking for cancellation of his membership immediately. The letter was submitted to Ms. Anita by hand on 22nd Jan. evening. She confirmed that by 30th Jan. a letter would reach him by courier, regarding the decision on the cancellation.



Till 2nd February, when no response came from them, he called up to find the status. Every time, Ms. Anita would promise to call back within 5 – 10 minutes, but complainant only always end up calling back. She kept telling that either she was on leave some day, or her boss (Mr. Venkat) was on vacation. In one occasion, she also told that the letter was ready and was in front of her. She explained that in that letter it was mentioned that an amount of 2500/- towards administration and 20% of my membership fee (i.e 20% of 14000/- = Rs.2,800/-) total of 5,300/- had been deducted and the remaining amount of Rs.8,700/- would be refunded back, in form of cheque, which would be payable only in the month of May. On asking for the reason for the deduction, she could not give any convincing reason and kept saying that he talk to Mr. Venkat, when he comes back from vacation. She also informed that the letter had been couriered to him. (She even gave some consignment number of DTDC thru which the letter was sent, but after enquiring he found that no such consignment number exists with DTDC).

This waiting for the letter kept going on till around 15th Feb. Then around 15th Feb. complainant was fortunate to get thru Mr. Venkat. He talked as if he did not know the matter at all. The complainant had to explain him the same all over again (over the phone). He promised to look into the matter and came back to him at the earliest. He indeed came back and said that since his boss (Mr. Raj) was on leave, the letter would be sent to him only by 20th Feb. But even till 24th Feb, it did not come and then he had faxed the letter on 25th Feb, even though the letter is dated 21st Feb. He also told that the original letter was sent to him by courier, however till date the same never reached him. It looks like that they never courier any documents at all. Hence the complainant approached this forum.



Notice was sent to the OP under RPAD and the same was served on it. On the date of version, Op failed to make it appearance before this forum, even though, called twice and no one represented it. Hence, Op place ex-parte. Complainant gave his evidence by way of affidavit and heard arguments of the complainant.



The complainant specifically on oath stated about the payment of Rs.14,000/- towards membership and the receipt produced by the complainant completely corroborates the evidence of the complainant. The correspondence produced by the complainant discloses that he made all efforts to get the benefits as assured by the Op. But the Op failed to provide all facilities and benefits as assured by it and apart from that it went on giving false replies in respect of dispatch of the letters. When the Op as assured of giving vacations benefits as per the agreement it is their bounden duty to provide and comply with the terms and conditions. In case, if it has not provided the benefits, it is the primary duty to refund the amount paid by the complainant otherwise it amounts to deficiency in service. The Op even failed to refund the amount when it has not provided benefits when it was demanded by the complainant for the refund of the amount. Non-refund of the amount definitely amounts to deficiency in service. These facts have not been specifically denied by the Op. After serving the notice, sufficient opportunity has been given to the OP to file its statement of objections to rebut the evidence of the complainant. But inspite of time granted, Op failed to submit its objection, in fact it became ex-parte. In the absence of specific denial by the OP, the evidence given by the complainant is unchallenged.



In view of the discussions made above, we are of the opinion that the complainant has proved the deficiency in service on the part of the Op. Accordingly, we pass the following the order.



O R D E R



Complaint is allowed. Opposite party is directed to refund an amount of Rs.14,000/- (Rupees Fourteen Thousand only) to the complainant within six weeks from the date of this order with interest @ 12% p.a. from the date of its deposit to till the date of realization with cost of Rs.2,000/- (Rupees Two Thousand only).

Do anyone has number of Dipanka Sarmah?I am planning for vacation this december.I already have a feeling that they may cheat.

Originally Posted by Sidhant

Complainant:

Mr. Dipanka Sarmah

No.G3 Mana Carnation

No.70, Green Glen Layout

Bellandur

Bangalore- 560 013

/vs/

Opposite Party:
Vacation Credit Card

No.13, Hamdh Court

Mother Teressa Road

Austin Town, First Stage

Bangalore- 560 047

3
O R D E R


This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the Opposite party (Op in short) for the refund of an amount of Rs.14,000/- with costs and for such other reliefs.



The brief facts of the case are that the complainant had become a member of the Vacation Credit Card (VCC) on 12th July 2007 (membership no VCC-CS-1979) by paying through his credit card for an amount of Rs.14,000/- which included even administrative charges of Rs.2,500/-. As per the agreement signed between them, complainant is eligible for three vacations spread over three years, with minimum one vacation to be utilized within the year, else the same would be lapsed. But there is a provision of extending the same for another one year, before the expiry of the applicable year (in his case, before 11th July 2008). For his personnel reason, he could not utilize the first year vacation within 11th July 2008, and hence he got his first year validity extended to next year (till 11th July 2009) on 20th June 2008. The extended validity was signed by their member (Ms. Anita) along with the company’s seal.



On January 6th 2009, complainant requested the company over the phone (Ms. Anita was the interacting person) for a vacation in Pondicherry between 24th Jan to 26th Jan. 2009. The request was given almost 16 days before the actual vacation, asked for (As per the agreement, request should be given at least one week before the actual vacation). They assured that the same would be confirmed within a week. Since he has already planned for the vacation along with his family, he kept calling up to find the status of the same and prepare himself for the vacation.

But on 15th January, Ms. Anita informs that due to some problems, they cannot book the same in Pondicherry. Instead, she suggested that she could definitely book the vacation in Wayanard for the same period. Accordingly, his family also changed their mind to go to Wayanard. All the preparation for the vacation is ready by 21st January (They were suppose to leave for Wayanard on 23rd evening and even complainant asked some one to book the bus tickets, well in advance, as it was a holiday weekend and lots of rush anticipated). Even on 20th January, Ms. Anita confirms that the confirmation letter to Hotel Haritagiri, Wayanard, has been couriered/posted to his resident address on 19th Jan. evening and should reach him by 21st Jan. Then on 21st January, Ms. Anita calls up and informed that due to some last moment changes, the confirmation is cancelled in the hotel. Even the confirmation letter, which they said that it was couriered on 19th Jan. never reached complainant.

This last moment cancellation really made his family unhappy. The complainant even asked for any other destination (Yercaud) possible to book, as he had already promised to take his family for a vacation. But they said that nothing was possible for 24th Jan, but if any other dates are given then it was possible (but complainant was not interested). Hence immediately the next day (22nd Jan.) he wrote a complaint letter to the Manager, VCC, explaining the situation and asking for cancellation of his membership immediately. The letter was submitted to Ms. Anita by hand on 22nd Jan. evening. She confirmed that by 30th Jan. a letter would reach him by courier, regarding the decision on the cancellation.



Till 2nd February, when no response came from them, he called up to find the status. Every time, Ms. Anita would promise to call back within 5 – 10 minutes, but complainant only always end up calling back. She kept telling that either she was on leave some day, or her boss (Mr. Venkat) was on vacation. In one occasion, she also told that the letter was ready and was in front of her. She explained that in that letter it was mentioned that an amount of 2500/- towards administration and 20% of my membership fee (i.e 20% of 14000/- = Rs.2,800/-) total of 5,300/- had been deducted and the remaining amount of Rs.8,700/- would be refunded back, in form of cheque, which would be payable only in the month of May. On asking for the reason for the deduction, she could not give any convincing reason and kept saying that he talk to Mr. Venkat, when he comes back from vacation. She also informed that the letter had been couriered to him. (She even gave some consignment number of DTDC thru which the letter was sent, but after enquiring he found that no such consignment number exists with DTDC).

This waiting for the letter kept going on till around 15th Feb. Then around 15th Feb. complainant was fortunate to get thru Mr. Venkat. He talked as if he did not know the matter at all. The complainant had to explain him the same all over again (over the phone). He promised to look into the matter and came back to him at the earliest. He indeed came back and said that since his boss (Mr. Raj) was on leave, the letter would be sent to him only by 20th Feb. But even till 24th Feb, it did not come and then he had faxed the letter on 25th Feb, even though the letter is dated 21st Feb. He also told that the original letter was sent to him by courier, however till date the same never reached him. It looks like that they never courier any documents at all. Hence the complainant approached this forum.



Notice was sent to the OP under RPAD and the same was served on it. On the date of version, Op failed to make it appearance before this forum, even though, called twice and no one represented it. Hence, Op place ex-parte. Complainant gave his evidence by way of affidavit and heard arguments of the complainant.



The complainant specifically on oath stated about the payment of Rs.14,000/- towards membership and the receipt produced by the complainant completely corroborates the evidence of the complainant. The correspondence produced by the complainant discloses that he made all efforts to get the benefits as assured by the Op. But the Op failed to provide all facilities and benefits as assured by it and apart from that it went on giving false replies in respect of dispatch of the letters. When the Op as assured of giving vacations benefits as per the agreement it is their bounden duty to provide and comply with the terms and conditions. In case, if it has not provided the benefits, it is the primary duty to refund the amount paid by the complainant otherwise it amounts to deficiency in service. The Op even failed to refund the amount when it has not provided benefits when it was demanded by the complainant for the refund of the amount. Non-refund of the amount definitely amounts to deficiency in service. These facts have not been specifically denied by the Op. After serving the notice, sufficient opportunity has been given to the OP to file its statement of objections to rebut the evidence of the complainant. But inspite of time granted, Op failed to submit its objection, in fact it became ex-parte. In the absence of specific denial by the OP, the evidence given by the complainant is unchallenged.



In view of the discussions made above, we are of the opinion that the complainant has proved the deficiency in service on the part of the Op. Accordingly, we pass the following the order.



O R D E R



Complaint is allowed. Opposite party is directed to refund an amount of Rs.14,000/- (Rupees Fourteen Thousand only) to the complainant within six weeks from the date of this order with interest @ 12% p.a. from the date of its deposit to till the date of realization with cost of Rs.2,000/- (Rupees Two Thousand only).

Hi, I have taken this membership and paid RS 18000 for 3 years, due which i am eligible for one trip per year.
I had planned a vacation for Manali, first of all these people never pick the call on all the casa retreat numbers which they have mentioned on brochure while taking membership for the holidays booking.I went there myself and told them about a manali trip they had taken a request and after that they promised that within next 3 days they will respond and later will also send a voucher to your registered address, which never happened and when i went to there office next time after a week they told me voucher is not yet ready and you can leave the town before your trip date which was almost still 10 days left we will send vouchers in email..i received a email and when i went to Manali in the hotel which was booked there was no booking done by casa retreat on my name, i had to take a different hotel and stayed in different hotel.

I want to do a consumer court on this company and want my money refund as whatever they committed nothing is there and moreover they never pick up the call for any kind of queries and complaints.

Pls help my name is Mani Rana and my mobile is 9972049006

Hi,

I am a victim of the same Vacation Credit Card . I have paid them 28000 and they dont pick my phone. I am now in delhi so cant go to them at office. Can some people make a group so we can fight them. I want to do a case in consumer court. Can any one help me and tell how can I register a case in consumer court in bangalore. My number 08882846285 !! Please call me !!!

If any one have mobile number of Mr. Dipanka Sarmah Please let me know.

I am very much frustrated and feel mentaly tourchered , I need those guys to be punnised .

Thanks
Neeraj