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-35 resident, the Chandigarh consumer disputes redressal forum has directed it to refund Rs 2.01 lakh with 10% interest and Rs 10,000 as cost of litigation.
In his complaint to the forum, Surinder Singh Mander said he had enrolled with Mahindra Holidays and Resorts India Limited as a member in the scheme namely “Club Mahindra Holidays” in June 2009 by paying a membership amount of Rs 2.54 lakh.
Mander said in July 2009, he was issued a holiday package which was valid for six months, but he did not avail it.
He claimed that at the time of issuance of membership, he was promised that he would also get some other benefits such as free voucher of Rs 3,000, three-night holiday package and another seven-night holiday package, but he was not given any of these benefits and then he sought refund of membership fee but to no avail.
In its reply, Mahindra Holidays and Resorts India Limited said, “Mander neither requested for booking a holiday nor he ever got services on his membership due to apparent apathy on his part to avail these benefits. Thus, non-utilisation of benefits by the complainant cannot be categorised as amounting to deficiency in service.”
{{/usCountry}}In its reply, Mahindra Holidays and Resorts India Limited said, “Mander neither requested for booking a holiday nor he ever got services on his membership due to apparent apathy on his part to avail these benefits. Thus, non-utilisation of benefits by the complainant cannot be categorised as amounting to deficiency in service.”
{{/usCountry}}The forum, in its order dated December 3, held, “Mahindra Holidays and Resorts India Limited failed to render any service to Mander against the membership and they are not entitled to retain the amount and should have returned it. A bald assertion that the validity of the said benefits had expired cannot be relied upon in the absence of any document/ material on record. Such act and conduct clearly proves their indulgence into unfair trade practice.”