BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Mrs.Payal Jain,w/o Sh.Rajesh Jain, r/o H.No.509, Sector 18-B, Chandigarh.

…..Complainant

                                      V E R S U S

1.       Mahindra Holidays & Resorts India Limited, Mahindra Towers, 2^nd Floor, 17/18 Patullos Road, Chennai – 600 002, through its Director.

2.       Mahindra Holidays & Resorts India Limited, 5^th Floor, Mahindra Towers, 2-A, Bikaji Cama Place, New Delhi.

3.       Mahindra Holidays & Resorts India Limited, SCO No.411-412, Sector 35-C, Above CafCoffee Day, First Floor, Chandigarh.

                                                ……Opposite Parties

CORAM:     SH.P.D.GOEL                                    PRESIDENT

                   SH.RAJINDER SINGH GILL               MEMBER

                   DR.(MRS) MADANJIT KAUR SAHOTA  MEMBER

Argued by:    Sh.Vishal Aggarwal, Counsel for the complainant.

                        Sh.Ashim Aggarwal, Counsel for the OPs.

PER P.D.GOEL,PRESIDENT

1.           Briefly stated the facts of the case are that the complainant took the Club Mahindra Membership of the OPs vide Membership No.1868888 vide contract dated 30.4.2010 for White Studio Apartment and at the time of buying the said plan membership, the OPs offered 5 nights holiday at Goa at the Club Mahindra Varca Beach Resort along with air tickets at discounted price and assured her that the entire bookings shall be got done by them including that of air tickets. As such, the complainant bought the said plan and paid a sum of Rs.10,570/- by way of credit card and also issued a cheque of Rs.16,000/-, which was encashed by the OPs. Thus, a total sum of Rs.26,570/- was paid by the complainant to the OPs out of the total amount of Rs.2,35,539/- to be paid by her in installments. As per the offer, she requested the OPs to book her package for Goa from 20^th June onwards along with air tickets and as such, the booking was done but the air tickets were not booked. When the complainant enquired about the same, the OPs demanded 3 EMIs in advance, which was never agreed at the time of the offer. However, the complainant contacted the agent of the OPs with the request to collect 3 advance EMIs with the further request to get the reservations done. The complainant time and again contacted the OPs to collect the 3 advance EMIs and to book and confirm the air tickets but all in vain. The complainant also transferred a sum of Rs.6,777/-, the first installment by way of ECS to the OPs and she contacted them to take the balance amount of two installments but they kept dilly dallying on one pretext or the other. The executive of the OPs never turned up nor gave any satisfactory reply regarding the booking of air tickets.

              On 22.6.2010, an e-mail was received from the OPs, confirming the booking but as per the OPs, the complainant had not deposited the 3 EMIs. The complainant requested the OPs to refund the amount along with interest and cancel the membership. The OPs despite of repeated requests through letters and legal notice dated 10.2.2011 never refunded the amount. Due to this act of the OPs, the complainant had suffered a lot. Hence, this complaint.  

2.           OPs No.1 to 3 filed the joint reply, wherein, it the preliminary objections with regard to jurisdiction was raised. It has been pleaded that under the Membership Rules, no refund of the membership fee is allowed unless the request for cancellation is made within 10 days of the application. The complainant made the down payment of Rs.26,750/- initially and cancellation request was made to the OPs much after the recession period. Thus under the Membership Rules, no refund is permissible.

              On merits, it has been admitted that the complainant was enrolled as Member vide membership No.1868888 for White Studio Apartment. It was denied that she was ever lured with false promises. The complainant after being satisfied with the terms and conditions of Membership Rules took the membership offer. She was offered 5 nights free stay at white and blue season, per entitlement, Air Travel Voucher worth Rs.14,000/- within 45 days of realization of 10% down payment of membership fee and three EMIs of Rs.6,777/- each and Rs.3,000/- for Resort Voucher. It is admitted that the complainant made the down payment of Rs.26,570/- i.e. 10% of the total cost of the membership fee and also agreed to pay rest of the amount towards the membership through 48 EMIs of Rs.6777/- each. The complainant was fully explained about the terms and conditions of the membership. As per the request of the complainant, 5 nights booking at Goa resort was done from 20.6.2010 to 25.6.2010.  The air travel vouchers were supposed to be provided after payment of balance EMIs. No assurance was given to the complainant that air tickets vouchers would be released as the same was supposed to be released within 45 days after realization of 3rd EMI. It has been further pleaded that without performing the contractual obligations, the complainant had asked for the refund. The OPs tried to settle the grievances of the complainant but to no avail. Denying all the material allegations of the complainant and pleading that there has been no deficiency in service on their part and prayer for dismissal of the complaint with exemplary costs has been made.  

3.           Parties led evidence in support of their contentions.

4.           We have heard the learned Counsel for the parties and have also perused the record. 

5.             The learned Counsel for the complainant argued that the complainant took the Club Mahindra Membership on 30.4.2010 for White Studio Apartment and at the time of buying the membership, the OPs offered 5 nights holiday at Goa at the Club Mahindra Varca Beach Resort along with air tickets at discounted price and also assured that the entire bookings shall be got done by them including that of air tickets. The complainant paid a sum of Rs.10,570/- by way of credit card and also issued a cheque of Rs.16,000/-, which was encashed by the OPs. In this way, the complainant paid a sum of Rs.26,570/- to the OPs out of the total amount of Rs.2,35,539/-. The balance amount was to be paid in installments.

              It was further argued that as per the offer, the complainant made a request to the OPs to book her package for Goa from 20^th June onwards along with air tickets. It was further contended that booking was done but the air tickets were not booked and on enquiry, the OPs demanded 3 EMIs in advance, which was never agreed at the time of the offer. Consequently, the complainant contacted the agent of the OPs with the request to collect 3 advance EMIs with the further request to get the reservations done but all in vain. It was further contended that the complainant also transferred a sum of Rs.6,777/-, the first installment by way of ECS to the OPs and offered to take the balance amount of two installments but the OPs kept on delaying the matter on one pretext or the other. It was also argued that on 22.6.2010 an e-mail was received from the OPs, confirming the booking but as per the OPs, the complainant had not deposited the 3 EMIs. It was further argued that under the given situation, the complainant requested the OPs to refund the amount along with interest and cancel the membership.

6.             The learned Counsel for the OPs No.1 to 3 submitted that under the Membership Rules, no refund of membership fees is allowed unless the request for cancellation is made within 10 days of the application. The complainant made the down payment of Rs.26,750/- initially and cancellation request was made to the OPs much after the recession period, thus, no refund is permissible. The learned Counsel for the OPs conceded that the complainant was enrolled as member for White Studio Apartment. The complainant after being satisfied with the terms and conditions of Membership Rules took the membership offer. She was offered 5 nights free stay at white and blue season, per entitlement, Air Travel Voucher worth Rs.14,000/- within 45 days of realization of 10% down payment of membership fee and 3 EMIs of Rs.6,777/- each and Rs.3,000/- for Resort Voucher. The learned Counsel for the OPs submitted that the complainant made down payment of Rs.26,570/- i.e. 10% of the total cost of the membership fee. The complainant agreed to pay rest of the amount towards the membership through 48 EMIs of Rs.6777/- each. As per the request of the complainant, 5 nights booking at Goa resort was done from 20.6.2010 to 25.6.2010.  It was argued that the air travel voucher was supposed to be provided after payment of balance EMIs. It was lastly argued that the complainant without performing the contractual obligations asked for the refund of the amount, which is not permissible as per rules.

7.           The admitted facts of the case may be noticed thus ;

a)           The complainant enrolled as member for              White Studio Apartment.

b)           The complainant was offered 5 nights                  free stay at Goa, Air Travel Voucher of               Rs.14,000/- within 45 days of realization           of 10% down payment of membership                    fee.

c)           The complainant made  the  down                       payment of Rs.26,570/- i.e. 10% of the                total  cost  of  the  membership  fee.

d)           The payment of Rs.33,347/- made by the               complainant to the OPs is not disputed.

8.           Now the point for consideration is whether the free Air Travel Voucher of Rs.14,000/-,Resort Voucher of Rs.3,000/- and 5 nights free stay at hotel was required to be provided within 45 days of realization of 3 EMIs.

9.           Annexure C-1 is the Customer Awareness Form, which speaks with regard to the membership fee of Rs.2,65,702/- with down payment of Rs.26,570/- having payment plan of Rs.6777/- with special offer of Rs.14000/- for Air Travel Vouchers, 5 nights stay and food voucher (F.V) of Rs.3000/-. Annexure C-2 is an e-mail sent by the OPs to the complainant dated 22.6.2010, whereby the request was made to the complainant to re-plan holidays, as on cancellation of membership, no refund is applicable. Annexure C-3 is an e-mail sent by the complainant to the OPs dated 23.6.2010, stating therein, that he is ready to pay 3 EMIs in advance today and in reply to this, the OPs sent e-mail – Annexure C-4 dated 24.6.2010, wherein, it was stated that they want to meet personally to understand the reasons for the decision and clear doubts about membership.

10.         The careful scrutiny of e-mail – Annexure C-3, referred to above, makes it clear that the complainant made an offer to the OPs to pay 3 EMIs in advance and in reply to this, the OPs sent  e-mail – Annexure C-4 that they want to meet personally to understand the reasons for the decision and clear doubts about membership.

11.         Thus the combined reading of e-mails Annexures C-3 & C-4, referred to above, indicates and gives the impression that the complainant offered to pay 3 EMIs in advance and it was the OPs, to accept it. However, OPs sent the e-mail, stating therein, that they want to meet the complainant personally to understand the reasons for the decision and clear doubts about membership. Under the given situation, the only possible inference/conclusion after going through the e-mails Annexures C-3 & C-4 is that the OPs did not accept the offer of the complainant for payment of 3 EMIs in advance, which means that the OPs back out from their promise to provide 5 nights free stay, Air Travel Vouchers of Rs.14,000/- and free food voucher of Rs.3,000/-, which amounts to deficiency in service and unfair trade practices on the part of OPs.

12.         As a result of the above discussion, the complaint is allowed and the OPs are directed to refund Rs.33,347/- along with interest @ 12% p.a. from the date of filing the complaint i.e. 06.06.2011 till its realization. OPs are also directed to pay Rs.20,000/- as compensation for mental agony and harassment besides Rs.11,000/- as costs of litigation.  

13.          This order be complied with by OPs within one month from the date of receipt of its certified copy, failing which the OPs shall be liable to pay total amount of Rs.53,347/- along with penal interest @ 15% p.a. from date of filing of the complaint till its realization besides Rs.11,000/- as litigation costs.

14.            Certified copies of this order be sent to the parties free of charge. The file be consigned.