Holding Mahindra Holidays and Resorts India Limited deficient in services for failing to provide services assured at the time of granting membership to a Sector-37 resident, the Chandigarh consumer disputes redressal forum has directed it to pay an amount of Rs. 25,000 as compensation along with Rs. 10,000 as cost of litigation.
Disposing off the complaint filed by Sushil Paul Singh on December 17, the forum has also directed Mahindra Holidays and Resorts India Limited to refund Rs. 2.86 lakh received from Singh for membership.
In his complaint before the consumer forum, Singh said he had taken a membership of the company in 2009 and the membership period was from January 2011 to December 2035. He claimed that Mahindra Holidays failed to provide him the benefits, till date, at the time of taking their membership.
In its reply, Mahindra Holidays said the benefit of food vouchers was sent along with the membership kit to all members. Benefits of three Nights Club Mahindra Holidays and one week international holiday were credited to the complainant's membership account upon the realization of 15% of the membership fee, they said, adding that the complainant had defaulted in payment of installments despite reminders and therefore, the complainant was not entitled to any bookings till the time the installments were paid.
The consumer forum in its order held, "Mahindra Holidays and Resorts India Limited have not been able to prove that they have credited benefits into the account of the complainant. Thus, the non-providing of service despite of receiving hefty amount from the complainant proves gross deficiency in service."
The forum further said, "When Mahindra Holidays and Resorts India Limited, failed to render any service to the complainant against the consideration received and in the absence of any alternative having been offered to the complainant for availing the holiday package applied for with them, certainly amounts to failure on their part of providing proper service. The aforesaid act clearly proves their indulgence into unfair trade practice. We can also gauge the predicament of a family, which had planned for a tour on each such occasion for the past three years, and the harassment that they had suffered at their hands when the commitments, made to the complainant, were not met."