Karnal District Commission Holds Lemon And Tress Holidays Resorts Liable For Failure To Provide Promised Services Under Its Holiday Package

Brief Facts:

Mr Sanjeev Saxena, the branch manager of Lemon and Tress Holidays Resorts, proposed to the Complainant to subscribe to a Holiday Package Membership of the Company. The Complainant agreed to avail a 10-year membership. It entailed 4 nights/5 days per year, for which a payment of Rs. 1,20,000/- was made, along with Rs. 5000/- for Annual Maintenance Charges.

As per the terms of the agreement, the company committed to providing a 4 Nights/5 Days Tour Package yearly for 10 years, featuring Deluxe/Studio Apartment accommodation. The Complainant made consistent payment of the Annual Maintenance Charges of Rs. 4999/- to the company without any lapses. Despite requesting the services for a planned trip to Jaipur on 3rd December 2022 to 4th December 2022, the Complainant received an unsatisfactory response on WhatsApp. Moreover, the email sent to the company bounced back due to an allegedly unavailable email address. Further, the Complainant made efforts to book the package through the company's website but availed no relief. Consequently, the Complainant made several communications with the company but didn't receive a satisfactory response.

Feeling aggrieved, the Complainant approached the District Consumer Disputes Redressal Commission, Karnal, Haryana (“District Commission”) and filed a consumer complaint against the company. The company didn't appear before the District Commission for the proceedings. Therefore, it was proceeded against ex-parte.

Observations by the District Commission:

The District Commission noted held that the evidence presented by the Complainant collectively established that the he paid Rs. 1,35,000/- to the company, and the company failed to fulfil its promised services.

Consequently, the District Commission held the company liable for deficiency in services and unfair trade practices. The District Commission directed the company to refund Rs. 1,10,000/- to the Complainant with interest at 9% from the date of deposition of the membership amount until realization. Additionally, the company was ordered to pay a compensation of Rs. 20,000/- for mental agony and harassment, along with Rs. 11,000/- as litigation expenses incurred by the Complainant.