Back
CHANDIGARH CONSUMER DISPUTES REDRESSAL COMMISSION
Sham Sunder, President and Neena Sandhu, Member
MAHINDRA HOLIDAYS AND RESORTS INDIA LTD. AND ANR. - Appellants
Versus
SANJEEV KOCHHAR - Respondent
Appeal No. 157 of 2010
Decided on : 11-05-2011
Deficiency in Service - Consumer Dispute - [Consumer Protection Act, 1986, Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(u), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(u), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(u), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(u), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(u)] - The court discussed the complainant's entitlement to the offers, the failure of the OPs to provide the promised benefits, and the refusal to refund the amount deposited. The court found deficiency in service and unfair trade practice by the OPs, upholding the complainant's right to a refund with interest.
Fact of the Case:
The complainant became a member of Club Mahindra and alleged that the OPs failed to provide the promised benefits, leading to the complaint. The OPs argued that the complainant did not pay the Annual Subscription Fee (ASF) and thus could not avail the free offers.
Finding of the Court:
The court found that the OPs failed to provide the promised benefits, leading to deficiency in service and unfair trade practice. The complainant was entitled to a refund of the amount deposited with interest.
Issues: The issues revolved around the complainant's entitlement to the offers, the failure of the OPs to provide the promised benefits, and the refusal to refund the amount deposited.
Ratio Decidendi: The court held that there was deficiency in service and unfair trade practice on the part of the OPs, upholding the complainant's right to a refund with interest.
Final Decision: The appeal was dismissed, and the order passed by the District Forum was upheld, with costs imposed on the appellants.
ORDER
Mrs. Neena Sandhu, Member - This is an appeal filed by the appellants/OPs against the order, dated 4.3.2010 passed by District Consumer Disputes Redressal Forum-I, UT, Chandigarh (hereinafter to be called as District Forum) in complaint case No. 1442 of 2009 vide which, it allowed the complaint and directed the OP to refund Rs. 1,66,608 or the total amount received by them, from the complainant and stop realizing any further amount from him. The OPs were further directed to pay interest @ 9% p.a. on the said amount from the date of deposit till its payment to the complainant. The OPs were further directed to pay Rs. 50,000 as compensation for mental and physical harassment and Rs. 5,000 as costs of litigation. The entire amount was directed to be paid within 30 days, failing which, to pay the same along with penal interest @ 12% p.a. since the filing of the complaint i.e. 26.10.2009, till the payment is actually made to the complainant.
2. Briefly stated, the facts of the case are that the complainant became a member of Club Mahindra by invitation on 24.8.2007 for 25 years. It was stated that the OPs not only failed to provide the complainant four one way free air tickets and full compliment of Rs. 3,000 worth free food vouchers, but also did not facilitate the booking of four nights of complimentary holidays at any of their resorts, as promised at the time of booking, for nearly a year. It was further stated that despite not having been able to provide the free gifts to the complainant, the OPs sent to the complainant invoice for Rs. 7,333 and another invoice of Rs. 7,948 on 2.9.2009 as Annual Subscription Fee on 4.9.2008, which he refused to pay unless he was allowed to avail his freebies. It was further stated that the OPs, on the other hand, took the stand that they will process the request of the complainant for booking under complimentary holidays only if he paid the ASF and for the same reason, he could not avail of the one week complimentary holiday with RCI, which was also part of the freebies promised by Club Mahindra. It was stated that in August, 2008, he wrote to the OPs and sought refund and, thereafter, he received response from them asking him to fill the attached travel format for his flight bookings and further promising to send the remaining Rs. 1,500 worth of free vouchers, which were finally delivered. It was further submitted that while the vouchers were finally delivered, it was later on transpired that the complainant had to first confirm his four nights complimentary booking in a Club Mahindra Resort before making the flight bookings. The complainant tried his level best to get the reservation through the online reservation system, but these were not available for months. It was further stated that in the month of October, 2008, the complainant wrote to his Credit Card Manager (HDFC Credit Cards) to stop all further payment of instalments to the OPs but they expressed their inability saying that it could be done only if Club Mahindra was to cancel his membership. It was further stated that the aforesaid acts of OPs amounted to deficiency in service, and indulgence into unfair trade practice. Hence, the complaint was filed.
3. Reply was filed by the OP wherein they admitted that the complainant got himself enrolled after understanding the membership scheme and he deposited the down payment of Rs. 29,161. It was stated that he was not entitled to the offers if he did not pay the ASF to the OPs in full which he did not pay, despite receipt of two invoices for the years 2008 and 2009. It was further stated that the OPs sent emails dated 17.9.2008 and 18.9.2008 to the complainant, to clear his ASF dues but he did not pay the same. Thus, his reservation request could not be processed. It was denied that the OPs did not provide the food vouchers. It was further stated that since the resort was already booked from 8.10.2008 to 12.10.2008, the complainant's booking could not be confirmed. It was further stat
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
