Chandigarh

DF-II

CC/490/2018

Malkit Singh - Complainant(s)

Versus

M/s The Boutique Club - Opp.Party(s)

Devinder Kumar Adv.

07 Feb 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	490 of 2018
Date  of  Institution	:	29.08.2018
Date   of   Decision	:	07.02.2019

 

 

 

 

Malkit Singh son of Sh.Mohan Lal, aged about 43 years, R/o H.No.3481, Sector 40-D, Chandigarh.   

             …..Complainant

Versus

1]  M/s The Boutique Club, Office No.26, 2^nd Floor, City Emporium Mall, Near Verka Plant, Industrial Area, Phase-1, Chandigarh through its Branch Manager.

2]  Tarangan Leisure Private Limited, 13, 1^st Floor, Vipul Square Sushand Lok 1, Gurgaon through its Managing Director.

   ….. Opposite Parties 

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING MEMBER

         SH.RAVINDER SINGH         MEMBER

                               

 

 

Argued by :-    Sh.Devinder Kumar, Adv. for complainant.

                OPs exparte.

 

 

PER PRITI MALHOTRA, PRESIDING MEMBER

 

         Briefly stated, the complainant visited the Opposite Parties in response to a telephonic call which lured the complainant to take their membership stating that they have various resorts to stay in India and they will arrange the holiday stay in 5 Star Hotel. It is averred that the OPs offered their Membership on payment of Rs.1,25,000/- for 10 years and Rs.7500/- was to be paid annually as subscription fee after two years. Accordingly, the complainant took the Membership of the OPs by making payment of Rs.15,000/- (Ann.C-3 & C-4) and handed over 15 cheques amounting to Rs.7334/- each to the OPs, out of which two cheques for October & November, 2017 were got encashed by the OPs.  Thereafter, the complainant sent an email dated 26.10.2017 to the OPs for providing accommodation booking in Alwar, Rajasthan from 17.11.2017 to 19.11.2017, which was refused on account of unavailability.  However, the complainant was provided booking for Bhimtal from 17.11.2017 to 19.11.2018 on making further payment of Rs.2800/- (Ann.C-5 & C-6).  It is stated that when the complainant along with his wife & children reached Bhimtal, the Opposite Parties did not provide any pick-up & drop facility despite assurance.  It is also stated that the OPs provided the accommodation to the complainant approximately 1-1½ KM far away area and the room provided was in a lonely place and the complainant was not shifted despite request, as such the complainant, his wife and children had to spend whole night in fear. It is further stated that the complainant could not enjoy the trip as desired and has to face humiliation in the eyes of his family members due to said act of OPs.  After his return, the complainant requested the OPs to cancel his membership and requested for refund of the amount, but the OPs told that if the complainant pays the balance amount, the OPs will give some discount and he will not face such type of difficulty in future.  As such, the complainant deposited balance amount of Rs.82,332/- with the Opposite Parties (Ann.C-7), but despite that the OPs presented the cheque amounting to Rs.7334/- in Jan., 2018, which amount was later on refunded after much persuasion.  Thereafter, the complainant requested the OPs to provide/book accommodation in Shogi, Shimla in June, 2018, but the OPs refused on account of unavailability.  It is submitted that as the OPs failed to provide the services as assured, the complainant vide emails dated 8.6.2018 and 12.6.2018 requested the Opposite Parties to cancel his membership and refund the amount paid, but the Opposite Parties did nothing.  It is also submitted that the Opposite Parties indulged themselves into unfair trade practice and are deficient in services, as they have collected Rs.1,12,000/- from the complainant but despite that failed to provide the assured services. Hence, this complaint has been filed. 

 

2]       The Opposite Parties did not turn up despite service of notice made through publication and as such proceeded exparte vide order dated 26.10.2018. 

 

3]       Complainant led evidence in support of his contentions.

 

4]       We have heard the ld.Counsel for the complainant and have also perused the entire record.

 

5]       The whole evidence place on record by the complainant corroborates the assertions set out in the present complaint.  Ann.C-1 & C-2 (SMS & Offers) are evidence of the fact that how the complainant and her spouse were allured to visit the OPs and reveals the manner in which they were made to understand about the offers for proposed membership of OP Company, pertaining to Vacation Ownership.  The manner in which the proposed offers have been described/explained in the handwritten documents by the official of the OP Company, it reveals that only the greener pastures of the scheme have been explained and were not made aware about the other side of the picture i.e. about     possibility of non-availability of the accommodation in their resorts on account of overbooking, about the cancellation policy etc. The email correspondences placed on record reveals that how the complainant was unsatisfied with the services provided by the Opposite Parties when for the 1^st time he opted to avail their services under the membership contract and also the correspondences so referred also reveals that the complainant before filing the present complaint being unsatisfied with the services of the OPs opted for the cancellation of the membership and made earnest efforts to get the refund of his hard earned money paid as membership fee.   The email sent by the Opposite Parties dated 5.7.2018 (Ann.C-11 Page-38) though acknowledges the receipt of the cancellation request, but shows how unfairly the OPs almost rejected his request to make refund stating that only 25% of the membership fees is refundable and that too subject to the deduction of statutory taxes and mentioned about the forfeiture of 75% of the amount. This acknowledgement cum refusal of the OPs clearly tantamounts to unfair trade practice as it reflects the arbitrary functioning of the OPs, which pressurizes the gullible consumers, to continue with their defective services.  The gullible consumes have been trapped by them by making lucrative offers made with an intention not to fulfill the same.

 

6]       In our considered opinion, the complainant has very well established his case against the Opposite Parties, who in their turn failed to come present to counter the allegations of the complainant despite having been duly served even also through publication. 

 

7]       The complainant has not only proved his case by way of corroborative evidence, but also filed duly sworn affidavit in support of the allegations set-out in the complaint.  All the pleas of the complainant has gone unrebutted and unchallenged in the absence of the OPs. Since the averments/allegations are duly proved on record, which established the deficiency as well as unfair trade practice on the part of the OPs. In this view of the matter, the complaint deserves to be allowed.  Accordingly, the present complaint is allowed against the OPs with following directions:-

1. To refund to the complainant an amount of Rs.1,12,000/-, after making 10% deduction thereof on account of availing part of service by complainant;
2. To pay an amount of Rs.10,000/- as compensation for causing mental & physical harassment to the complainant on account of deficient act coupled with unfair trade practice on the part of OPs;
3. To pay an amount of Rs.5000/- towards litigation expenses;

 

        This order shall be complied with by the Opposite Parties within a period of 30 days from the date of receipt of its certified copy, failing which they shall be liable to pay additional compensatory cost of Rs.10,000/- apart from above relief.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

7^th February, 2019                                                                                                                                                                   Sd/-  

 (PRITI MALHOTRA)

PRESIDING MEMBER

 

 

Sd/-

(RAVINDER SINGH)

MEMBER