The District Consumer Disputes Redressal Commission, South-II, Delhi, comprising Monika Aggarwal Srivastava (President) and Ritu Garodia (Member), held Country Holidays Travel India Pvt. Ltd. guilty of deficiency in service for failing to provide hotel bookings under a holiday membership package despite the complainant's attempts to avail the membership benefits. The Commission directed the company to refund the membership fee with interest and pay compensation.

Brief Facts

The complainant, Bhanu Pratap Singh, attended a seminar regarding vacation packages conducted by Country Holidays Travel India Pvt. Ltd. at Hotel Ramada, Dehradun, on 21 October 2022. He enrolled as a member and entered into a membership agreement on the same day by paying ₹91,000.

Under the membership package, the complainant was entitled to a five-week stay along with three bonus weeks over a period of five years at 4-star and 5-star hotels listed on the company's application across India. The agreement also required payment of ₹10,000 per week as Annual Subscription Fees during each stay, which included local taxi services for sightseeing.

On 24-12-2022, the complainant attempted to book hotels in Ooty and Thiruvananthapuram through the OP's application but found that his preferred hotels were unavailable. Upon contacting the OP, three hotel options in Ooty were provided on 27-12-2022. Although the complainant initially selected one of the hotels, he later informed the OP on the same day that he had changed his travel plans and cancelled the request.

The complainant stated that when he accessed the same hotels through the OP's application as a non-member, the hotels appeared to be available at rates lower than those offered under the vacation package purchased by him. He independently booked hotels in Calicut and Thiruvananthapuram through another platform at lower rates.

In February 2023, the complainant again sought to utilise the membership benefits by requesting a booking in Amritsar. Although the company suggested multiple hotel options, the complainant alleged that none of the selected hotels were ultimately made available for booking on the desired dates.

Aggrieved by his inability to avail the promised holiday benefits, the complainant issued a legal notice. In its reply, the company denied the allegations and contended that the membership fee of ₹91,000 was non-refundable under the terms of the agreement.

Aggrieved by the company's failure to provide the promised benefits, the complainant approached the District Commission seeking refund of the membership amount along with compensation.

Despite repeated service of notices, the company failed to appear or file its written statement, and the matter proceeded ex parte against it.

Observations & Decision

The Commission found the OP liable for deficiency in service for failing to provide the complainant with accommodation in Amritsar despite his attempts to avail the membership benefits. The Commission observed that although the complainant selected hotels from among the options furnished by the OP for his proposed stay in Amritsar, no booking was ultimately confirmed.

The Commission observed that the complainant had paid the membership fee of ₹91,000 and was entitled to avail of the holiday benefits promised under the agreement. However, he was unable to utilise those benefits due to the OP's failure to provide the promised accommodation. The Commission concluded that despite the complainant's efforts to secure bookings through the options provided by the company, he was unable to obtain accommodation under the membership package. Holding that the complainant had been deprived of the benefits for which he had paid, the Commission found the OP guilty of deficiency in service.

Accordingly, the Commission allowed the complaint and directed the OP to refund ₹91,000 to the complainant along with interest at 5% per annum from the date of payment until realisation. It also awarded ₹2,000 towards compensation for mental harassment and litigation expenses. The Commission further directed compliance with the order within 60 days, failing which the amount would carry interest at 7% per annum from the date of the order until realisation.

Case Title: BHANU PRATAP vs COUNTRY HOLIDAYS TRAVEL INDIA PVT. LTD.

Case No : CC NO. DC/AB1/670/CC/326/2023

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