DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

Complaint Case No : CC/31/2024

Date of Institution   : 02.04.2024

Date of Decision    : 19.06.2024

Gurveer Singh aged about 39 years son of Malkit Singh resident of Street No. 2, Hemkunt Nagar, Barnala, District Barnala, Punjab 148101.        

                          …Complainant Versus

Club Retreat IT Tower,B1,E261, Phase 8B, NH5, Industrial Area, Sector 74, SAS Nagar, Mohali-160055, Punjab, through its Manager/Authorized Signatory. 

                         …Opposite Party

Complaint Under Section 35 of Consumer Protection Act, 2019.

Present: Sh. Gagandeep Garg counsel for complainant.

Opposite party exparte.

Quorum:-

1. Sh. Jot Naranjan Singh Gill : President

2.Smt. Urmila Kumari : Member

3.Sh. Navdeep Kumar Garg : Member

 

ORDER BY JOT NARANJAN SINGH GILL, PRESIDENT:

The complainant namely Gurveer Singh has filed the present complaint under Section 35 of the Consumer Protection Act 2019, (amended upto date) against Club Retreat IT Tower,B1,E261, Phase 8B, NH5, Industrial Area, Sector 74, SAS Nagar, Mohali-160055, Punjab, through its Manager/Authorized Signatory (hereinafter referred as opposite party).  

2. The facts leading to the present complaint are that the opposite party is the company running its business for booking stays in the hotels for Travelers all over India and also providing membership for customers. It is alleged that in the month of December 2022, complainant received one call of the opposite party and on phone call one representative talked with the complainant, who explained the benefits of their membership and also explained that they are providing Luxury Holiday Prepaid Package and according to that package complainant will be entitled to enjoy opted number of nights and days holiday during the period of one year for a couple and two kids below 12 years in the best properties of stay. Thereafter, complainant was called to attend one seminar by opposite party and on 8.12.2022 complainant attended seminar in which representative of opposite party explained about 3 year package and stay of total 15 nights out of which 3 nights in best properties of the location/destination opted by the complainant. Complainant selected the package 3 years and total 15 nights stay out of which 3 nights in best properties of stay in selected destination by complainant for himself and his wife and two children below age 12 years and also paid the payment of Rs. 40,000/- from his Credit Card Lying with HDFC Bank. Thereafter, on 8.12.2022 opposite party issued membership certificate to complainant for three years. It is further alleged that in the month of May 2023, complainant made a plan to go Shimla and Chail, Narkanda for the dates 06 to 11 June 2023 and for the same purpose complainant approached to opposite party on their contact number 78884-98967 from his own contact  number and requested to opposite party for provide best hotel for stay of complainant and his wife and 2 children and opposite party replied to the same and provide list of 2 hotel in chail and three hotels in Shimla, then it came to the knowledge of the complainant that hotel provided by opposite party are not of the Level/Standard as opposite party explained at the time of issuing the membership. The complainant requested to opposite party to provide some better option, but till today opposite party did not provide any better hotels to stay inspite of number of request. The complainant approached opposite party and requested to provide best properties for the above said dates. But the opposite party put the matter on one pretext or the other. Thus, there is deficiency in service and unfair trade practice on the part of opposite party. Hence, the present complaint is filed for seeking the following reliefs.- 

The opposite party may kindly be directed to refund the amount of Rs. 40,000/- paid for membership as opposite party has failed to provide best service to complainant alongwith interest @ 1.5% from the date of payment to till realization. To pay an amount of Rs. 1,00,000/- to the complainant due to loss and mental torture agony harassment in connivance suffered by the complainant and pay Rs. 30,000/- as litigation expenses.  

3. Notice was sent to the opposite party, but opposite party failed to appear and was proceeded against exparte vide order dated 8.5.2024. 

4. In exparte evidence the complainant tendered into evidence his own affidavit Ex.C-1, copy of proposal form Ex.C-2 (6 pages), copy of statement of account Ex.C-3 (3 pages), copies of whatapp chat for booking order Ex.C-4 to Ex.C-9, copy of online complaint Ex.C-10 (4 pages), copy of adhaar card Ex.C-11 and closed the evidence.          

5. We have heard the Ld. Counsel for the complainant and have gone through the record. Written arguments filed by the complainant. 

6. In order to prove his case, the complainant has placed on record his detailed affidavit Ex.C-1 vide which the complainant reiterated the averments as mentioned in the complaint. The complainant has further placed on record copy of proposal form dated 8.12.2022 Ex.C-2, which shows that the complainant has paid the amount of Rs. 40,000/- to the opposite party for taking membership of Club Retreat. At page No. 5 it is mentioned that the amount of Rs. 40,000/- has been paid on 8.12.2022 through Credit Card. It further mentioned at Page No. 6 Certificate of Membership, wherein complainant is certified as member for Club Retreat for 3 years from dated 8.12.2022 and is entitled to all the benefits and privileges pertaining to the company. Complainant has further placed on record copies of whatsapp chat for booking order Ex.C-4 to Ex.C-9 which shows that the complainant has  been continuously chatting with the opposite party regarding the above said booking. Ex.C-10 is the copy of complaint made by the complainant to the opposite party vide which the complainant has complained at page No. 3 that I am highly disappointed with their services and I want back my payment with interest.   

7. So from the perusal of record it is established that the complainant has approached the opposite party in the month of May 2023, complainant made a plan to go Shimla and Chail, Narkanda for the dates 06 to 11 June 2023 and for the same purpose complainant approached to opposite party and also paid the payment of Rs. 40,000/- from his Credit Card on 8.12.2022 (which proves from Ex.C-2 at Page No. 5) and requested to opposite party for provide best hotel for stay of complainant and his wife and 2 children and opposite party replied to the same and provide list of 2 hotel in chail and three hotels in Shimla which was proved from Ex.C-4 to Ex.C-9. In Ex.C-9 complainant has written his grievance that Rashi Hotel is good Chail but all the three hotels in Shimla are not good. We need a hotel near the lift which is on the mall road because the children are small and it will be difficult to come and go and the official of the opposite party replied that Please allow us sometime sir.  The allegation of the complainant is that the hotel provided by opposite party are not of the Level/Standard as opposite party explained at the time of issuing the membership and the complainant requested the opposite party to provide some better option, but till today opposite party did not provide any better hotels to stay inspite of number of request (which proves from Ex.C-10). But the opposite party put the matter on one pretext or the other, so there is deficiency in service and unfair trade practice on the part of opposite party.  

8. On the other hand, the opposite party has preferred to remain exparte and no one has come forwarded from the side of the opposite party to contest the allegations of the complainant, which are otherwise appears to be genuine and supported by documents, in that event, we have no alternative except to believe the evidence produced by the complainant, which is un-rebutted. Hence, the opposite party is liable for the deficiency in services and unfair trade practice. 

9. As a result of the above discussion, the present complaint is partly allowed against the opposite party and the opposite party is directed to refund the amount of Rs. 40,000/- deposited by the complainant alongwith interest @ 7% per annum from the date of deposit till realization. The opposite party is further directed to pay Rs. 5,000/- as consolidated amount of compensation for causing mental torture, agony, harassment and inconvenience alongwith litigation expenses to the complainant.   

10. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order.

11. Copy of this order be supplied to the parties free of costs as per rules. File be consigned to the records after its due compliance. 

ANNOUNCED IN THE OPEN COMMISSION:

       19th Day of June, 2024

 

            (Jot Naranjan Singh Gill)

            President

 

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member