Chandigarh

DF-II

CC/413/2022

Rajinder Singh - Complainant(s)

Versus

Lok Priya Buildwell Pvt.Ltd. - Opp.Party(s)

Adv. Devinder Khurana

15 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	413 of 2022
Date  of  Institution	:	09.05.2022
Date   of   Decision	:	15.12.2023

 

 

 

 

Rajinder Singh aged 45 years son of Sh.Prithpal, Resident of H.No.3362, Police society, Sector 51-D, Chandigarh

... Complainant

Versus

1]  Lok Priya Buildwell Private Limited (India), having its branch at the address Plot No.6, Hotel Site, Sector 35-B, 160034, Chandigarh and Legal Address 334 Scooter Garage, Nilgiri Apts, Alaknanda Near St.George School, New Delhi

2]  Club Marriott, JW Marriott Hotel Chandigarh, Plot No.6, Dakshin Marg, 35-B, Sector 35, Chandigarh 160035

    ….. Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                    MR.B.M.SHARMA,                 MEMBER

                               

Argued by  :    Sh.R.S.Bhatta & Sh.A.P.Choudhary, Advocates for      None for Op No.1.

OP No.2 exparte

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

         The complainant has filed the present complaint pleading that on being lured by the fascinating benefits and fake promises of the OPs about provide high standard quality services, stay in luxurious hotels etc. in India and Asia Pacific, the complainant and his wife namely Avneet Kaur purchased Membership of OPs vide Membership No.108744735 & 10038495 respectively in the year 2019 on payment of requisite amount (Ann.C-1 & C-2).  It is averred that due to Covid-19 Panademic, the complainant could not avail the benefit of said membership which were valid upto 21.8.2020.  Later on the complainant and his wife was given renewal of membership on 26.8.2020 on making further payment of Rs.11,800/- (Ann.C-3) and the accordingly membership  of the complainant and his wife was valid upto 31.1.2020.

           It is submitted that on 15.10.2021 the complainant visited one of the Hotel of OP No.2 for sty and availing benefit/services of the Membership but he was denied any service or benefit of the Membership on the ground that his membership and vouchers have expired whereas the same were valid upto 31.1.2022 (Ann.C-6).  The complainant reported the matter to the OPs by sending email on 15.10.2021 followed by reminder on 19.10.2021 in response to which they expressed their inability to offer the facility or extension of membership (Ann.C-8). Hence, this complaint has been filed with a prayer to direct the OP to refund the membership money paid by the complainant with interest as well as compensation and litigation cost. 

 

2]       After notice of the complaint, the OP No.1 put in appearance and filed written version stating that that Club Marriott program is operated by TLC DigiTech Pvt. Ltd. (Formerly TLC Relationship Management Pvt. Ltd) and its affiliates under license from Luxury Hotels International of Hong Kong Limited and Marriott Hotels India Private Limited. It is submitted tht the answering OP No.1 do not run or supervise any of such activities by themselves and as such, OP No.1 is not the main contesting OPs and that the OP No. 2 is the main contesting OP. It is submitted that there is no privity of contract between the OP No.1 and the complainant nor the complainant had made any payment to the answering OP No.1. It is pleaded that the complainant is not consumer qua the OP No.1. It is also pleaded that the JW Marriott Hotel, Chandigarh is being run by the holding company i.e. Lok Priya Buildwell Ltd .  It is further pleaded that the premises of the OP No.1 may have been used for the activities being run by OP no.2, but the OP No.1 does not have any role to play. It is stated that the correspondence of the complainant has been exchanged with OP 2 and even payments have been made by them to OP No.2. Lastly the OP No.1 has prayed to dismiss the complaint with cost.

 

3]       The OP No.2 did not turn up despite service of notice, hence it was ordered to be proceeded exparte vide order dated 08.12.2022.

  

4]       Replication has also been filed by the complainant controverting the assertions of OP No.1 as made in its reply.

 

5]       Parties led evidence in support of their contentions.

 

6]       We have heard the ld.Counsel for the complainant and perused the entire documents on record including written arguments.

 

7]       The question to be decided whether there is deficiency in service or unfair trade practice on the part of the OPs in providing the services to the complainant as per Membership or not ?

 

8]       To find out answer to this issue, it is important to take into consideration the following facts and circumstances of the present complaint:-

 

         It is established from the facts & documents on record that the complainant took the membership of the OP by paying a sum of Rs.14,600/- (Ann.C-3 Pg.84). It is also established from the communication exchanged through emails (Ann.C-7) between the parties that the complainant expresses his grievance about non-providing of due services/facility as per his Membership and sought refund but the same was not acceded to by the OPs. It is, thus, observed that the OPs who have failed to render the promised services to the complainant has got no right to retain the hard earned money of the complainant and even they cannot be allowed to take the shelter of the terms and conditions of the agreement which are one sided. The complainant has sought refund of the amount only after facing a lot of inconvenience and embarrassment due to the act and conduct of the OPs.

9]       Moreover, the OP No.2 did not appear to contest the case and preferred to proceed against ex-parte, which shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted & un-controverted.

10]      Taking into consideration the above discussion & findings, the present complaint deserves to be partly allowed. Accordingly the complaint is partly allowed against OPs No.1 & 2. The OPs No.1 & 2 are directed to refund an amount of Rs.26,400/- (i.e. Rs.14,600/- & Rs.11,800/- Ann.C-3) to the complainant along with interest @9% per annum from the respective date of deposits till the date of its actual payment to the complainant.

                        This order be complied with by the OPs No.1 & 2 jointly & severally within 90 days from the date of receipt of the certified copy of this order.

 

11]      Pending application(s) if any, stands disposed of accordingly.

        The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules & Act accordingly. After compliance file be consigned to record room.

Announced

15.12.2023                                                                                 Sd/-

                                                                      (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER