Punjab

Ludhiana

CC/19/293

Namita Aggarwal - Complainant(s)

Versus

Club Starwood - Opp.Party(s)

Garish Anmol Adv.

15 Sep 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:293 dated 14.06.2019.

                                                Date of decision: 15.09.2021.

         

Namita Aggarwal wife of Shri Ashok Kumar Aggarwal, resident of 87-R, New Grain Market, Ludhiana-141008.                                                                                                                                                          ..…Complainant

                                       Versus

Club Starwood (Club Starwood Holidays & Hospitality Private Limited), office No.55, Lane No.2, Westlend Marg, Saket, New Delhi-110068 through its Directors.                                                                                                                                                                                              …..Opposite party.

Complaint Under Section 12 of the Consumer Protection Act

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Girish Anmol Sood, Advocate

For OP                           :         Exparte.

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                Shorn of unnecessary details, the case of the complainant is she became a member of the OP Club after paying a sum of Rs.45,000/- vide receipt No.5043 dated 18.09.2018. The OP Club sent an email to the complainant on 06.10.2018 confirming the admission of the complainant as member of the Club. The complainant was further informed that she would be entitled to 7 days per year for holiday package anywhere in India and abroad as per the list prepared by the OP Club. On 09.11.2018, the complainant sent a mail to the OP Club for booking accommodation in Hotel Maan Singh Palace, Agra from 24.11.2018 to 29.11.2018. The OP Club confirmed the receipt of the mail vide email dated 16.11.2018 and further informed that the request of the complainant was in process. However, till 27.11.2018, no confirmation was received from the OP. Thereafter, the complainant requested the OP Club to  provide accommodation at Club Starwood, Tahira Beach Resort, Goa from 19.01.2019 to 22.01.2019 for two adults and two kids. The receipt of the request was acknowledged by the OP Club vide email darted 29.12.2018, but it again failed to book accommodation for the complainant. The OP did not even give any response to the complainant. The complainant wrote to the OP Club vide email dated 20.01.2019 regarding poor services being provided by them and also requested for refund of the membership fee of Rs.45,000/-. The OP Club responded vide email dated 22.01.2019. The complainant sent another email dated 25.01.2019 to which no response has been received till date. The complainant made arrangements on her own for her trips and suffered lot of harassment and wastage of time. The OP has not provided any services and has not refunded the amount of Rs.45,000/- obtained from the complainant as membership fee. This amounts to deficiency of service and unfair trade practice on the part of the OP. In the end, it has been requested that the OP be directed to refund Rs.45,000/- along with interest @18% per annum along with compensation of Rs.1,00,000/- and litigation expenses of Rs.22,000/-.

2.                Upon notice, the OP Club did not appear and was proceeded against exparte.

3.                In exparte evidence, the complainant submitted her affidavit as Ex. CA along with documents Ex. C1 to Ex. C13 and closed the evidence.

4.                We have heard the learned counsel for the complainant and have also gone through records.

5.                In her affidavit Ex. CA, the complainant has reiterated the entire case as set forth in the complaint. Ex. C1 is the receipt vide which Rs.45,000/- was paid by the complainant to the OP. In the letter Ex. C3, it is mentioned that the package features of the membership would be that the complainant would be entitled to book holidays for 7 days per year for 3 years in India and abroad after full payment. The package was meant for maximum occupancy of two adults and two kids below 9 years. For booking, the OP needed 4 to 30 days prior notice. It is in evidence that the complainant requested for a booking at Agra on 09.11.2018 and further requested for a booking at Goa on 23.11.2018 from 19.01.2019 to 22.01.2019, but the OP failed to ensure or provide the said booking to the complainant. This amounts to deficiency of service on the part of the OP. The exparte evidence lead by the complainant has gone unrebutted on the file. In these circumstances, in our considered view, the OP is liable to held responsible for refund of the membership fee of Rs.45,000/- to the complainant as it has failed to provide services for which the membership was taken.

6.                As a result of above discussion, the complaint is allowed exparte with an order that the OP Club shall refund the amount of Rs.45,000/- to the complainant along with interest @7% per annum from 18.09.2018 till the date of actual payment. The OP Club shall further pay a composite cost of Rs.7,000/- (Rupees Seven Thousand only) to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of the orders. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

7.                Due to rush of work and spread of COVID-19, the case could not be decided within statutory period.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:15.09.2021.

Gobind Ram.