BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAITHAL.
Complaint Case No.154 of 2019.
Date of institution: 28.05.2019.
Date of decision:26.02.2020.
Parvinder son of Sh. Gulab Singh, resident of Kurukshetra Road, Amritsharia Dera, in front of Suncity, Temple Kaithal-136027, District Kaithal.
…Complainant.
Versus
- Century Holidays Corporate Office Mumbai Andheri Kurla, Level 4 Dynasty A Wing, Andheri-Kurla Road Mumbai-400059, through its Managing Director, Mobile No.18008337077.
- Flowery Club India Pvt. Ltd. Mumbai Andheri Kurla, Level 4 Dynasty A Wing, Andheri-Kurla Road Mumbai-400059, through its Manager, Mob.No.02267869395.
- Koel Tourist Complex (A Unit of Haryana Tourism Corporation Ltd.) near Old Bus Stand Kaithal-136027.
….Respondents.
Before: Sh. D.N.Arora, President.
Sh. Rajbir Singh, Member.
Smt. Suman Rana, Member.
Present: Sh. D.V.Bhola, Advocate for the complainant.
Ops No.1 & 2 exparte.
Sh. P.P.Kaushik, Advocate for the OP.No.3.
ORDER
D.N.ARORA, PRESIDENT
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that the complainant and his wife Anita bought a membership in a Camp organized by Century Holiday at Koel Complex Kaithal on 13.03.2019 jointly of Rs.45,000/- vide invoice No.482 dt. 13.03.2019. In the said camp, the complainant and his wife were invited by Aryan Kapoor and at the venue the complainant was attended by Mr. Rahman, Manager and one more person namely Abhishek and they told that the company will provide accommodation and transportation of their tour in all over India. It is further alleged that they further said that they will provide membership kit which contains Login I.D. and password within one week but till date, the complainant did not receive any document from the Op. The complainant also send e-mails to them several times but they did not give any response. So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint. Hence, this complaint.
2. Upon notice, the OP No.3 appeared before this Forum, whereas Ops No.1 & 2 did not appear and opted to proceed against exparte vide order dt. 10.07.2019. Op No.3 contested the complaint by filing reply raising preliminary objections with regard to locus-standi; maintainability; cause of action; that the complainant has concealed the true and material facts from this Forum. The answering Op has no concern whatsoever with the business of Ops No.1 & 2. The answering Op had only rented out the Conference Hall to the Op No.2 for Rs.4125/- vide receipt No.112 dt. 13.03.2019 for meeting purpose. There is no deficiency in service on the part of Op. On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.
3. The complainant tendered into evidence affidavit Ex.CW1/A and documents Annexure-C1 to Annexure-C3 and thereafter, closed the evidence.
4. On the other hand, the Op No.3 tendered into evidence affidavit Ex.RW1/A and document Annexure-R1 and thereafter, closed the evidence.
5. We have heard the learned Counsel for both the parties and perused the record carefully.
6. The main contention of the complainant is that he obtained the membership in a camp held at Koel Complex Kaithal on 13.03.2019 and paid the amount of Rs.45,000/- as per Annexure-C1 and gift voucher was given 2 nights 3 days for two adult and two kids below five years as per terms and conditions mentioned in the voucher Annexure-C2. It was also mentioned when the complainant visit the place mentioned in the Annexure-C3, they will provide the accommodation and transportation of tour in all over the India. The complainant further contended that after buying the membership, they were bound to provide membership kit which contains login I.D. and password within one week but he did not receive any documents from the Ops. He contacted the Ops No.1 & 2 telephonically but no response was given by them, therefore, the complainant could not visit due to reasons mentioned above.
On the other hand, ld. Counsel for the Op No.3 contended that they have only rented out the Conference Hall to the Op No.2 for Rs.4125/- vide receipt No.112 dt. 13.03.2019 for meeting purpose. Ld. Counsel for the Op No.3 has drawn our attention towards the policy of Haryana Tourism Corporation, wherein it is mentioned at column No.14 as under:-
“14. The occupants are required to take care of their belongs. The Unit Incharge of the Corporation shall not be responsible for the loss caused during the period of stay unless it is directly attributable to the Corporation.”
7. We are of the view that the Op No.3 is not responsible for any fault on the part of complainant or on the part of Ops No.1 & 2. So, the complaint against the Op No.3 is dismissed. Now we are coming on the point whether the Ops No.1 & 2 are deficient in service or not. We have perused the receipt Annexure-C1, from which it is clear that the Op No.2 received the membership fees of Rs.45,000/-. From the perusal of Annexure-C2, it is clear that the Op No.2 has provided the holiday coupon for 2 Adults and 2 Kids. In this way, the Ops allured the complainant that he shall get a complimentary holiday coupon in India at Resorts & Associates Hotels run by the Op No.1 i.e. Century Holidays Corporate Office. The detail of the holiday destinations mentioned in the Annexure-C3. The main contention of complainant is that after buying the membership, the Ops promised to complainant that they will provide membership kit which contain login I.D. and password within week but till date, he did not receive any document from the Ops and he contacted the Ops but they are not giving any response. Before deciding the case on merits, we have to see that what is the meaning of membership kit containing the login I.D. and password which was to be provided by the Ops before making the plan to go to the destination mentioned in Annexure-C3. We have collected the meaning of membership kit from the internet. It is mentioned that membership kit means the kit having login ID and password provided to the user for availing the services provided by the complainant i.e. user can raise request for planning his/her holiday at specific location by using login ID and password. The login ID and password, it is the type of authentication done at website and to authorize the user. In this case, the complainant has paid the amount of Rs.45,000/- for membership but he did not receive any kit having login ID and password and due to this reason, they could not plan their holiday at specific location mentioned in the Annexure-C3. The Ops No.1 & 2 did not appear before this Forum and service was effected by sending the registered A.D. and from the consignment receipts taken from the internet, it was clear that the notices were delivered to them on 14.06.2019, so, the Ops No.1 & 2 were proceeded against exparte vide order dt. 10.07.2019. Thus, the evidence adduced by the complainants goes unrebutted and unchallenged. In view of all the averments made in the complaint are deemed to have been admitted by Ops No.1 & 2. We are of the view that the Ops No.1 & 2 are alluring the customers for membership for providing the accommodation and transportation in all over India regarding tour and they are fooling the customers and getting the handsome amount. The Ops No.1 & 2 were supposed to provide prompt approval to the plans of the proposed tour/tip of the complainant but the Ops No.1 & 2 failed to provide service to the complainant which was expected by the complainant from the club being a member. This is not only amounts to deficiency in service but it is also an unfair trade practice on the part of Ops No.1 & 2 since the Ops No.1 & 2 failed to provide service to the complainant. Since the Ops No.1 & 2 have failed to abide by the terms and conditions mentioned in the Annexure-C2 i.e. Gift Voucher. Therefore, the Ops No.1 & 2 are liable to refund the amount of Rs.45,000/- to the complainant which was deposited by the complainant at the time of taking the membership on 13.03.2019 alongwith interest @ 9% p.a.
8. Thus, allowing the complaint, we direct the Ops No.1 & 2 to refund the amount of Rs.45,000/- alongwith interest @ 9% p.a. from the date of its receipt i.e.13.03.2019 till final payment with another sum of Rs.10,000/- as lump sum compensation for harassment, mental agony including the litigation charges. Let the order be complied with within 30 days from the date of preparation of copy of this order. The Ops No.1 & 2 are jointly and severally liable. A copy of said order be supplied to the parties free of costs. File be consigned to record-room after due compliance.
Announced in open court:
Dt.:26.02.2020.
(D.N.Arora)
President.
(Suman Rana), (Rajbir Singh)
Member Member.
