Chandigarh

DF-II

CC/101/2020

Gagan Singla - Complainant(s)

Versus

The Boutique Club - Opp.Party(s)

Adv. Vikas Goel

21 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	101/2020
Date of Institution	:	11.02.2020
Date of Decision	:	21.05.2024

 

                                       

                       

 

1.     Gagan Singla aged 31 years S/o Ram Avtar R/o H.No. B-305, Escon Arena, Nagla Road, Zirakpur, Tehsil Zirakpur, Distt. Mohali, 140603.

2.     Meenakshi, aged 31 years W/o Gagan Singla, R/o H.No. B-305, Escon Arena, Nagla Road, Zirakpur, Tehsil Zirakpur, Distt. Mohali, 140603.

….Complainants

Versus

1.     The Botique Club, SF-26, Second Floor, City Emporium Mall, Industrial Area Phase-1, Chandigarh, (reservations@theboutiqueclub.in). 160002 through its Manager

2.     Tarangan Holidays Pvt Ltd, Unit no.225 A, B, Second Floor Vipul Agora Mahrauli, Gurgaon Road, Sector 28, Gurgaon, 122001 through its Managing Director (reservations@theboutiqueclub.in).

3.     Ankit Singh, Venue Manager, Tarangan Holidays Pvt Ltd, Unit no.225 A, B, Second Floor Vipul Agora Mahrauli, Gurgaon Road, Sector 28, Gurgaon, 122001. (8894070299, ankit.singh@thebotiqueclub.in)

….Opposite Parties

 

 

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
PRESENT:-
	Sh.Balbir Singh, Adv. Proxy for Sh.Vikas Goel, Counsel for complainant None for OPs.

       

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

1.         The complainant has filed the present complaint stating therein that the OPs are running the business under the name and style of “The Botique Club” and provide social and recreational facility that sells membership and offers its members access to its facilities. OP No.3 allured the complainants and offered Varsha Membership Plan vide Contract ID No.TBCV5C10064 (Annexure C-1). In October, 2018, Sh.Ankit Singh (Venue Manager) gave so many offers i.e. he will arrange the holiday in 5 Star Hotel. Complainant No.1 paid Rs.68,000/- through his bank account ad Rs.4,000/- for annual facilitation fees towards membership fees for “VARSHA”.  The complainants intimated the OPs on 31.12.2019 i.e. prior 15 days for booking of hotels for 25^th and 26^th January, 2019 at Shimla for their marriage anniversary but they cancelled the booking for the aforesaid dates without any valid reason due to which the relatives of the complainants were laughing at them.  It has been averred that with the passage of time, the very purpose of getting the said offer was frustrated and then the complainants sent various emails to the OPs to refund Rs.72,000/- with interest but to no effect. The complainants served a legal notice dated 18.04.2019 upon OP No.2 but the same has failed to yield any result. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainants have filed the present complaint seeking directions to the OPs to refund Rs.72,000/- along with interest, compensation for mental agony and physical harassment as well as litigation expenses.
2.         In their written version, the OPs while admitting the factual matrix of the case have pleaded that they had received the cancellation request after three months of the Membership and as per Clause 8.2 of the signed agreement, when the withdrawn of application is received beyond 10 days from the receipt of down payment and as per Clause 1.4, 60% of the amount is non-refundable and only 40% is payable subjection to deduction.   It has further been stated that it was clearly stated in the agreement that the confirmation for holidays is subject to eligibility and availability and that booking for the same open 4 months in advance from the selected holidays in  own season. It has further been stated that they OPs have clearly mentioned in the email dated 03.01.2019 that AMC is pending and the requested dates will not be given once the specific dates will be booked by other members who have paid their AMC on time. It has further been stated that the OPs have made their best efforts to arrange the dates and availability on 27.01.2019 was intimated through email dated 09.01.2019. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service or unfair trade practice on their part, the OPs prayed for dismissal of the complaint.
3.         Parties filed their respective affidavits and documents in support of their case.
4.         We have heard the Counsel for the complainant and have gone through the documents on record, including written submissions.
5.         It is established from the facts & documents on record that the complainants took the membership of the OPs by paying a sum of Rs.72,000/- (Annexure C-1) and during the existence of the membership, the complainants approached the OPs vide email dated 31.12.2018 for booking of the hotel room at Shimla prior to 15 days for 25^th and 26^th January, 2019 as per the terms and conditions of the membership. However, the said booking was cancelled by the OPs without assigning any valid reason. The communication exchanged through emails between the parties shows that the complainants have expressed their grievance about non-providing of due services/facility as per the 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 complainants have got no right to retain their hard earned money and even they cannot be allowed to take the shelter of the terms and conditions of the agreement which are one sided. The complainants have sought refund of the amount only after facing a lot of inconvenience and embarrassment due to the act and conduct of the OPs.
6.         In view of above discussion & findings, we are of the opinion that the deficiency in service as well as unfair trade practice on the part of the OPs is proved. Therefore, the present complaint stands partly allowed with directions to the OPs to refund an amount of Rs.72,000/- to the complainants along with interest @6% p.a. from the date of deposit till its actual payment to the complainants.
7.           This order be complied with by the OPs jointly and severally, within 90 days from the date of receipt of its certified copy, failing which the complainants shall be at liberty to get the order enforced through the indulgence of this Commission.
8.         The pending application(s) if any, stands disposed of accordingly.
9.         Certified copy of this order be communicated to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission 21.05.2024
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/-
	(B.M.SHARMA) MEMBER