Delhi

New Delhi

CC/126/2014

Mr. Deepak Gupta - Complainant(s)

Versus

M/S. Neesa Leisure Ltd. - Opp.Party(s)

24 Feb 2022

ORDER

 

  CONSUMER DISPUTES REDRESSAL COMMISSION-VI

(NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

Case No.CC.126/2014                                                      

              In the matter of:

 

            Mr. Deepak Gupta                                                              ……..COMPLAINANT

         S/o Late Shri B.L. Gupta

        R/o B-8, Preet vihar Delhi-92

Versus

 

     Neesa Leisure Ltd.

   Cambay Hotels and Resorts

     And another                                                                         ……..OPPOSITE PARTY

 

Quorum:

          Ms.PoonamChaudhry, President

            ShriBariqAhmad  , Member

            Ms. Adarsh Nain, Member

 

Dated of Institution :10.02.2014

                                                                                                Date of Order :24.02.2022

O R D E R

ADARSH NAIN, MEMBER

 

The complainant filed the present complaint against Opposite Party under section 12 of the Consumer Protection Act, 1986. Brief facts as stated by the complainant are that the representative of OP offered the complainant a membership proposal for Cambay Family Holidays,according to which the complainant and his family were entitled to 7 days of accommodation with Cambay resorts in India and worldwide. The complainant accepted the same and membership price,after negotiation with special discount offered, was set to be 98,000/-in total. Out of which, The complainant immediately paid Rs.25,700/-as registration amount. The remaining amount was to be paid in 6 equal EMIs starting from 07.07.2010, and to equalize the amount of EMIs, the complainant paid Rs.5,600/-. Thereafter,  representativeof OP offered a special discount of Rs.10,800/-on the remaining amount if remaining amount was paid in lump sum.Accordingly, the complainant paid Rs. 61,500. The complainant received a Welcome Letter dated 20.07.2010 mentioning the membership no. and other details including the Membership price, which was Rs. 1,08,000/-, instead of 98,000/-as offered in the proposal letter with the receipt of payment of Rs. 25,700/- and balance amount to be paid in 12 EMIs, in spite of the fact that the complainant had already paid full and final amount for his membership. It is further statedin the complaint that the complainant raised his concerns and got his grievances registered with OP but allegedly no cogent reply was given by OP. It is further averred that on 10.08.2010, one of the representative of the OP offered the Complainant further discount of Rs.10,000/- alongwith other benefits like Food and spa vouchers if the complainant persuades one more person to become member of the OP company. The complainant persuaded his friend Mr. Sanjay Gupta to take the membership, but the complainant was never given any discount or benefit as promised.

 On 02.10.2010, the complainant along with Sh. Sanjay Gupta and their family members visited Kerela for vacation for 5 days 4 nights and checked in the resort of the OP Company at about 9.00pm. It is alleged that they were refused dinner at 9.45 pm while in the Menu the time mentioned was 11.00pm. On complaint they were served food of poor quality. It is further alleged that the rooms given to the complainant and Mr. Sanjay Gupta wereunhygienic,inhabited by mosquitoes, room service and housekeeping services were poor. In spite of being asked repeatedly, they were not given mosquito net or repellant. Next day, they gave a complaint to the Manager of the resort complaining about poor room service as well as food. Upon that, they were assured good service during their further stayat resort. Thereafter, on asking about spa, they were told that spa facility is not available. It is further, stated that, the ensuing evening, the electricity supply was disrupted and there was no adequatefacility for alternate power supply and the whole night, this exercise of mending the supply went on. Next morning, the complainant with his friend and family, checked out of the resort which was third day of their stay while their booking was for 5 days and 4 nights. As result they had to accommodate in some other hotel and had to make additional payments for rooms and food whereas the complainant became the member after paying hefty fee. Further, the complainant reported the matter to OP through email and was assured the necessary reimbursement but it is alleged that no such reimbursement was received. On being aggrieved, vide letter dated  13.12.2010, the complainant submitted a detailed representation alongwith all the relevant documents with the OP to settle all his grievances and he was assured the due Redressal but allegedly, complainant’s calls were not being attended and after that, the complainant’s requests for booking of resorts for his vacation was never entertained nor did he receive any satisfactory reply. Hence, it is alleged in the complaint that the OPCompany had misrepresented to the complainant and managed to sneak out heavy amount in the name of membership fee and benefits at the resorts of the OP. The complainant sent reminders to his letter but no reply was given. Instead of reply, the OP sent a demand letter issued on 25.03.2013 for Rs. 20,779/- as maintenance charges. Thereafter, the complainant sent legal notice to OP on 14.08.2013 raising his grievances but OP failed to reply.

Hence, the present complaint for direction to OP to refund the amount of Rs.92,800/- with interest which was paid as membership fee and Rs. 6 lacs as compensation for causing mental harassment, frustration and financial loss to the complainant and also Rs.21,000/- as legal expenses incurred to the complainant.

 

 After notice, none has put in appearance on behalf of OP and accordingly were proceeded ex-parte vide order dated 07.11.2014. The complainant has filed affidavit of evidence reiterating the facts of the complaint on oath and relied on copies of Proposal with Bank Deposit slips of Rs. 5,600/- and 61,500/-, Copy of welcome/confirmation letter dated 20.7.2010 and correspondences exchanged between the complainant and the OP.

 

We have considered the contentions of the complainant and also perused the record of thefile. It is clear from the record that the complainant purchased the membership of the OP Company and paid Rs. 92,800/- in total. The complainant contended that in the membership confirmation letter /Welcome Letter dated 20.07.2010, the OP mentioned the membership price as Rs. 1,08,000/- instead of 98,000/-as offered in the proposal letter and confirmed the  receipt of payment of Rs. 25,700/- as registration fee and balance amount to be paid in 12 EMIs, in spite of the fact the complainant had already paid full and final amount for his membership as he had paid lump sum amount and availed further special discount  of Rs.10,800/-.  He further alleged that though the OP had offered discount of Rs. 10,000/- if refers one person to them but the OP did not pass the benefit in spite of the fact that he referred his friend. The documents filed by the complainant tend to reveal that the complainant was offered the membership on discounted rate as per the proposal which required the complainant to deposit the registration amount by 26.04.2010 while as per complainant’s own version; he deposited the registration amount on 29.04.2010, hence, the OP has not been deficient in services in not passing the discount as the complainant did not comply with the condition of proposal by not depositing the registration fee on time. Further, the complainant has not filed any evidence in proof of his contention that OP promised discount of Rs. 10,000/-to the complainant on his referring a friend, hence the contention that no special offers were provided to the complainant, does not hold ground in absence of any evidence.

 

The complainant further alleged deficiency in services on the part of the OP during his stay at Resort of the OP.The complainant has relied upon the correspondences exchanged between the parties in support of his contention. We have perused those correspondences along with other documents.The complainant alleged that they were refused dinner first and on making complaint they were served dinner of poor quality. Further the contention that the OP did not make any arrangements for mosquitoes and the electricity supply was also disrupted. They were denied certain facility such as spa in spite of promises. As a result, the complainant had to check out of the resort on the third day of their stay while their booking was for 5 days and 4 nights. As result they had to accommodate in some other hotel and had to make additional payments for rooms and food in spite of having paid hefty membership fee to OP. The complainant has not filed any document in support of the contention that that he stayed in some other hotel and incurred expenses, hence prima facie he has not been able to prove his claim in this regard. However, regarding rest of the contentions regarding poor services at the resort , we are of the view that they being generic and difficult to prove and the OP has not appeared  and filed its version, we are left with no option except to believe the version of the complainant which is testified on oath.

 

 In view of above discussion and the unrebutted and uncontroverted testimony of the complainant regarding the deficiency of services on the part of OP,we are of the considered view that the OPhas been deficient in services by not providing the satisfactory services to the complainantduring his stay at one of his resorts which might have caused mental agony to the complainant and his family.

Accordingly, we allow the present complaint and direct the OP to refund the membership fee of Rs. 92,800/- with interest @6% per annum from the date of deposit of the amount till payment. We also award compensation of Rs. 20,000/- for causing mental and physical harassment and  Rs.10,000/-  towards litigation expenses to complainant within 30 days from the date of receipt of the order. In case of delay of payment, OP is liable to pay interest @ 9% per annum for the delayed period.

File be consigned to Record Room.

Copy of this Order be supplied to all the parties as per rules.

 

 

 

 

PRESIDENT

                 MEMBER                                                                                                                  MEMBER