Chandigarh

DF-I

CC/748/2016

Dr. G.S. Kochhar - Complainant(s)

Versus

M/s Country Club (India) Ltd. - Opp.Party(s)

Mohan Singh Ghuman

13 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

 

                               

Consumer Complaint No.	:	CC/748/2016
Date of Institution	:	06/09/2016
Date of Decision	:	13/09/2017

 

Dr. G.S. Kochhar r/o House No.1161, Sector 15-B, Chandigarh.

…..Complainant

V E R S U S

M/s Country Club (India) Ltd. through its Manager, SCO No.44-45, 2^nd Floor, above Punjab National Bank, Sector
9-D, Chandigarh.

……Opposite Party

 

CORAM :	MRS.SURJEET KAUR	PRESIDING MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                                                       

 

ARGUED BY	:	Sh. Mohan Singh Ghuman, Counsel for complainant
	:	Sh. Pradeep Sharma, Counsel for OP

Per Surjeet Kaur, Presiding Member

1.         The facts of the consumer complaint, in brief, are that the complainant purchased membership of Country Club (India) Ltd., owned by the OP, by paying consideration amount of Rs.1,20,000/-.  The OP granted ‘Blue/Studio’ membership for the period from 2011 to 2041 vide Membership Purchase Agreement dated 6.12.2011 which entitled holiday package to the complainant at the properties situated in India and Sri Lanka. To avail the benefits, the complainant alongwith his spouse planned a holiday trip to Hyderabad and approached the OP for booking in its resort at Hyderabad from 24.3.2016 to 28.3.2016. The OP vide email dated 2.1.2016, arranged/ booked accommodation for the complainant in its resort Amrutha Castle, Hyderabad for the aforesaid period after which the complainant purchased air tickets of Jet Airways to travel from Delhi to Hyderabad and back.  However, when the complainant reached at the booked resort on 24.3.2016, he was told that no such accommodation was booked in his name. On the request of the complainant, the OP agreed to accommodate him for one night on payment of normal room rent of Rs.3,500/-. For the remaining three days, the complainant stayed at hotel Best Western Ashok, Hyderabad and paid Rs.10,549/-. Upon return to Chandigarh, the complainant lodged a complaint with the OP and sought compensation, but, to no avail.   Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OP, the complainant has filed the instant complaint.
2.         OP in its written statement has not disputed the factual matrix.  It has been averred that the complainant only enquired from the OP for the availability of accommodation at the desired dates. It has been stated that as per clause 1 and 3 under the heading “Membership Benefits” holiday booking process is online and on first come first serve basis and is open for booking and further that online booking will be confirmed subject to availability of the rooms. It has been contended that the complainant is trying to misguide the Forum by wrongly interpreting the email dated 2.1.2016.  No confirmation for the stay at Hyderabad was made, yet the complainant booked the air tickets on his own.  Earlier also on two occasions, the complainant had booked holidays i.e. Booking for Shimla for the period from 2.6.2012 to 4.6.2012 and for Jaipur from 13.3.2013 to 15.3.2013 against which reservation confirmation vouchers were issued. As such, the complainant was fully aware of the booking procedure.  Pleading that there is no deficiency in service or unfair trade practice on its part, OP prayed for dismissal of the complaint.
3.         Rejoinder was filed by the complainant denying all the averments in the written reply of the OP.
4.         The parties led evidence in support of their contentions. 
5.         We have gone through the record and heard the arguments addressed by the learned Counsel for the parties.
6.         The sole grouse of the complainant in the present case is that despite confirming the booking of accommodation in its premises through email dated 2.1.2016 (Annexure C-2), the OP refused the same on the ground that the accommodation was never booked and confirmed in his name.  On the request of the complainant, the OP gave him accommodation for one night only, that too on payment of normal room rent of Rs.3,500/-, and for other 3 days, the complainant stayed at Hotel Best Western Ashok, Hyderabad and paid Rs.10,549/- for the same.
7.         The stand taken by the OP is that the alleged email dated 2.1.2016 is a wrong interpretation by the complainant.  It is actually not a confirmation slip for the stay of the complainant at Hyderabad, and the complainant booked the air ticket on his own without any confirmation from the side of the OP.  It has also been contended that the complainant being its old customer very well knew the procedure for booking as he had already availed two trips from OP for which the reservation confirmation vouchers were issued. As such, there is no deficiency in service or unfair trade practice on the part of the OP.
8.         A perusal of Annexure C-4 confirms that  the complainant paid Rs.3,500/- for availing the accommodation in the premises of the OP for one night stay meaning thereby the OP was  having that room vacant for that date for which the OP has replied that it was available due to last minute cancellation of some other customer.  However, the OP has not placed on record any evidence/ document to prove the same.  So far as the issue of email (Annexure C-2) that it is not a confirmation slip rather a confirmation of availability of the accommodation on the enquired date by the complainant is concerned, to that effect also the OP has not produced on record any evidence.  If that email was not a confirmation of the accommodation then in whose favour the tour was confirmed for the same accommodation? Hence, the act of the OP in alluring the innocent consumers, giving membership for consideration, later giving confirmation of stay at their resort to avail holiday package, non-accommodating the complainant on arrival at the resort, compelling him to look for alternative accommodation and charging Rs.3,500/- from him for the stay at its accommodation of which the complainant is a member certainly amounts to deficiency in service and unfair trade practice on the part of the OP which caused mental and physical harassment to the complainant.
9.         In view of the above discussion, the present consumer complaint deserves to succeed and the same is accordingly partly allowed. The OP is directed as under :-

1. To refund the amount of Rs.3,500/- to the complainant which was illegally charged from him for his one night stay at the resort of the OP.
2. To refund the amount of Rs.10,549/- which the complainant had to pay for alternative stay in Hotel Best Western Ashok, Hyderabad.
3. To pay Rs.7,000/- to the complainant as compensation for mental agony and harassment caused to the complainant;
4. To pay Rs.5,000/- as costs of litigation. 

10.         This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) to (iii) above, alongwith interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iv) above.
11.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

 

	Sd/-	Sd/-
13/09/2017	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member