Punjab

Ludhiana

CC/15/329

Gurinder Singh - Complainant(s)

Versus

Aveda Luxury Hotel - Opp.Party(s)

Rohit Thapar Adv.

01 Aug 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

Consumer Complaint No. 329 of 18.05.2015

Date of Decision            :   01.08.2017

 

Gurinder Singh Chahal aged 42 years son of Shri Baldev Singh, r/o 12-R, Model Town, Dugri Road, Ludhiana.

….. Complainant

                                                            Versus

 

1.Aveda Luxury Hotel (earlier known as Nirwana Club), Humbran Road, Ludhiana through its Manager.

2.World Destination.com, c/o Aveda Luxury Hotel (earlier known as Nirwana Club), Humbran Road, Ludhiana through its Manager.

3.Ravinder Kumar

4.Batth Pinto

Both c/o Aveda Luxury Hotel (earlier known as Nirwana Club), Humbran Road, Ludhiana.

5.Rajinder Kumar

6.Gaurav Kumar

Both c/o World Destination.com, c/o Aveda Luxury Hotel (earlier known as Nirwana Club), Humbran Road, Ludhiana.

 

…Opposite parties

             (Complaint U/s 12 of the Consumer Protection Act, 1986)

 

QUORUM:

 

SH.G.K.DHIR, PRESIDENT                                        

SH.PARAM JIT SINGH BEWLI, MEMBER

 

COUNSEL FOR THE PARTIES:

 

For complainant               :          Sh.Rohit Thapar, Advocate

For OP1 to OP4               :          Ex-parte(vide orders dated 31.05.2017)

For OP5 and OP6            :         Complaint dismissed as not pressed vide order

 dated 30.11.2015.

 

PER G.K.DHIR, PRESIDENT

 

1.                 Ops through their telecaller namely Seema made a telephonic call on mobile phone No.98147-22035 for alluring the complainant to opt for a lucky draw scheme organized by Ops. Facility of lunch to complainant along with family was offered by the organizer. On allurement of officials of Ops, complainant visited on 11.1.2015 at about 1:00 PM along with his wife and kids for having lunch at the place disclosed by Ops. Ops through their officials i.e. Op3 to OP6 allured the complainant about free of costs facilities to be provided consisting of Gym, Spa and swimming pool etc. Officials of Ops offered gold scheme for membership period of 3 years on payment of Rs.90,000/- on 11.1.2015. Special price of Rs.45,000/- was offered to the complainant provided he opts for membership of combo pack i.e. gold pack of Aveda Hotel for Rs.45,000/- and also for world destination holiday program for 18 nights in three years for worth of Rs.45,000/-. Offer of discount of 50% in the restaurant facilities even was made to the complainant for self and his family members during their stays in hotels of Ops. Even it was disclosed to the complainant that he may try the place of Ops for 2-3 days and in case, he remained unsatisfied, then he can seek refund of the entire amount without any deduction. On allurement of Ops without knowing actual facts, the complainant paid Rs.10,000/- on 11.1.2015 and further Rs.15,000/- on 12.1.2015. After receipt of this amount, Ops agreed to issue membership card to the complainant within 2 days, but without issue of receipt of payment. Regarding balance amount, it was agreed as if the complainant can pay the same within six months. Thereafter, complainant visited hotel place of Ops, 2-3 times for availing facilities of Spa, Gym and swimming pool, but neither the complainant and nor his family members were allowed to enter the Aveda Hotel without membership card. No facilities referred above were provided to the complainant, despite his 2-3 visits. Then complainant contacted the officials of Ops number of times for knowing the reason of non-issue of membership card, but each times, OP3 and OP4 procrastinated the matter. Thereafter, OP3 and OP4 openly proclaimed that unless more amount paid by the complainant, he will not be issued membership card. Thereafter, complainant requested the officials of Ops to refund the entire amount because he has not been provided the benefits and nor allowed to avail, but they have retained the money by resorting to wrong commitments and wrong allurements, in which, they trapped the complainant. It is claimed that Ops are negligent in providing due services to the complainant. By pleading deficiency in service on the part of Ops and by claiming that complainant has suffered mental pain, agony and harassment, prayer made for directing Ops to refund the received amount of Rs.25,000/- along with compensation for mental harassment and agony of Rs.20,000/-.

2.                 In joint written statement filed by OP1 to OP4, it is pleaded interalia as if complaint is not maintainable, particularly when the same has been filed by abusing the process of law for harassing Ops without disclosing the true facts. Besides, it is claimed that complainant has not approached this Forum with clean hands because he has suppressed the material facts. In fact, OP1 and OP2 running hotel under the name and style of M/s Aveda Luxury Hotel. It was on asking of the complainant that Ops did show the plan regarding membership and thereafter, complainant selected the plan known as Gold pack for three years. Complainant had to pay Rs.90,000/- for this selected plan. At that time, there was a rebate offer of Rs.15,000/- on that plan. Complainant deposited Rs.10,000/- on 11.1.2014 and agreed to pay further amount of Rs.15,000/- on next day. Ops provided delicious meal to the complainant, but on next day, complainant failed to pay the agreed amount of Rs.15,000/-. On 14.1.2015, the complainant again approached Ops and demanded the rebate offer of Rs.15,000/- in writing. Ops in good faith issued the rebate offer receipt in writing, but the complainant did not pay the remaining amount at that time. Rather, complainant demanded more time for making the payment. Thereafter, complainant has not made the balance payment despite numerous requests and contacts to the complainant by the officials of Ops. Complainant with malafide intention has filed this frivolous complaint. Each and every other averment of the complaint denied. Rather, it is claimed that there is no provision in the plan providing for making payment by the prospective members within six months as claimed in the complaint.

3.                 Counsel for complainant suffered statement on 4.11.2015 that he does not want to seek relief against OP5 and OP6 and gives them up. In view of this recorded statement, complaint against OP5 and OP6 was dismissed as not pressed.

4.                 Complainant to prove his case tendered in evidence his affidavit Ex.CA along with affidavit Ex.CB of his wife namely Smt.Jasdeep Kaur, but Ex.CC of Sh.Karan Kooner and even tendered documents Ex.C1 to Ex.C4 and thereafter, he along with his counsel closed the evidence.

5.                 On the other hand, counsel for OP1 to OP4 tendered in evidence rebate offer receipt Ex.R1 only and then closed the evidence. OP1 to OP4 failed to appear subsequently to the production of document Ex.R1 and as such, they were proceeded against ex-parte vide order dated 31.05.2017.

6.                 Written arguments not submitted by any of the parties. Oral arguments by counsel for complainant and counsel for OP1 to OP4 alone addressed and those were heard. Records gone through carefully.

7.                 From the contents  of  affidavits Ex.CA to Ex.CC, it is made out that the complainant came in contact with Ops on 11.1.2015 for opting of plan of Gold Pack of Aveda Hotel and of World Destination Holiday Program promoted by OP1 and OP2. An amount of Rs.10,000/- was deposited by the complainant for availing these facilities for self along with his wife Smt.Jasdeep Kaur and issues namely Karminder Singh and Mashreen Kaur. Rebate offer of Rs.15,000/- was given through receipt Ex.C2 dated 14.1.2015. Receipt Ex.C3 is the same thing as is Ex.C1. Ex.C4 is the receipt issued on cash deposit of Rs.10,000/- in pursuance of receipts Ex.C1 and Ex.C3. No one will issue rebate offer receipt like Ex.C2=Ex.R1, unless there is an agreement for such rebate offer. On Ex.C2 as well as on Ex.R1, it is mentioned that terms and conditions of rebate offer are given on overleaf, but those terms and conditions are not printed on overleaf of Ex.C2 or Ex.R1. No copy of those terms and conditions has been produced by Ops and as such, it is obvious that virtually Ops agreed to provide the benefit of rebate offer of Rs.15,000/- to the complainant as per agreement. In this way, payment of Rs.25,000/- by the complainant to Ops can be inferred.

8.                 It is the case of complainant put forth through complaint and submitted affidavits Ex.CA to Ex.CC that after deposit of Rs.10,000/- on 11.1.2015 and Rs.15,000/- on 12.1.2015, the complainant visited the premises of Ops, but facilities of Spa, Gym and Swimming pool etc,as offered under the scheme,were not provided to them. Rather, it is claimed that receipt for paid amount of Rs.15,000/- was never issued by Ops. So, even if benefit of rebate offer of Rs.15,000/- excluded from consideration, despite that from the contents of affidavits Ex.CA and Ex.CB, it is made out that actually an amount of Rs.10,000/- was deposited by the complainant on 11.1.2015, but Rs.15,000/- on 12.1.2015. As receipt for deposited amount of Rs.15,000/- on 12.1.2015 not issued and as such, same is an act of deficiency in service on the part of OP1 and OP2. OP3 to OP6 acted as agents of OP1 and OP2 and as liability of providing facilities under the plan was of OP1 and OP2, being principal and as such, OP3 to OP6 cannot be held liable for refund of the amount deposited by the complainant with OP1 and OP2. In fact, the amount of Rs.25,000/- was accepted for and on behalf of OP1 and OP2 for providing facilities of Spa, Gym and swimming pool etc, free of costs in the hotels/club of OP1 and Op2, but those facilities were not provided and as such, liability remains of OP1 and OP2 as principal and not of OP3 to OP6 as agents. As neither membership card issued to the complainant and nor the terms and conditions of the rebate offer produced on record and as such, fault lay with OP1 and OP2 in not bringing on record the true facts for proving that card cannot be issued on account of non-payment of balance amount by the complainant. Only on production of terms and conditions of the plan by the Ops, they could have proved that non-deposit of balance amount was the cause for non issue of the membership card. As those terms and conditions not produced and Ops deliberately have not acknowledged the receipt of Rs.15,000/- on 12.1.2015 and as such, fault lay with OP1 and OP2, particularly when they denied facilities to the complainant on repeated visits and even refused to issue the membership card. In such circumstances, complainant entitled for refund of deposited amount of Rs.25,000/- from OP1 and OP2 only. That amount has been withheld deliberately by OP1 and OP2 and as such, they should be made liable to pay interest @6% per annum from the date of complaint namely 18.5.2015 till payment. Complainant suffered mental harassment and agony due to fault of OP1 and OP2 in not responding properly and as such, compensation for mental harassment and agony as well as litigation expenses should be allowed in favour of the complainant, but to some reasonable extent, particularly when complainant even has not produced the terms and conditions of plan/facilities agreed to be provided to him.                     OP1 to OP4 have not adduced any evidence except production of                     receipt Ex.R1 and as such, they are at fault in not disclosing the true facts even.

9.                 As a sequel of the above discussion, complaint allowed against OP1 and OP2 only, but the same is dismissed against OP3 to OP6. OP1 and OP2 directed to refund the received amount of Rs.25,000/- with interest @6% per annum from the date of complaint namely 18.5.2015 till payment. Compensation for mental harassment and agony of Rs.2000/- and litigation expenses of Rs.2000/- more allowed in favour of complainant and against OP1 and OP2 only, whose liability held as joint and several. Compliance qua payment of these amounts of refund, compensation amount and litigation expenses be made within 30 days from the date of receipt of copy of this order. Copies of order be supplied to parties free of costs as per rules.

10.                         File be indexed and consigned to record room.

 

         

                    (Param Jit Singh Bewli)                                 (G.K. Dhir)

                                                  Member                                                     President

Announced in Open Forum                                                                  Dated:01.08.2017

Gurpreet Sharma.