Delaying membership of Panchkula resident costs tour package company dear

The Panchkula Consumer Disputes Redressal observed that one of the vital conditions of contract was that there must be free will of the parties and there must be meeting of minds on the terms and conditions of the contract

Penalising a tour package company for delaying the membership of a Panchkula resident and not refunding the payment despite the hold up, the District Consumer Disputes Redressal Forum has directed it to partly refund the deposit and pay a compensation of ₹17,000.

District Consumer Disputes Redressal Forum penalised a tour package company for delaying the membership of a Panchkula resident. (iStockphoto)

Bijender Singh Budwar of Mansa Devi Complex, Panchkula, had submitted that he paid ₹65,000 in person at the office of Country Club Fitness and Vacations in Sector 9, Chandigarh, on September 27, 2018, for a one-week vacation.

As part of the sale agreement, he was provided provisional access to “Mystic Meadows Club and Resorts” and “The Country Club”. However, he was told he would be able to book the vacation only after the membership was processed, which would take around a month.

However, the process was inordinately delayed. When Budwar asked for a refund, it was declined, prompting him to the approach the consumer forum.

In its defence, the company argued that as part of the agreement, a customer could book the vacation online as well, even before the membership card was issued. But there was no document on record that the complainant ever tried to book holidays online with the given username and password. He also did not submit any grievance with the customer care or any other department of the company.

It contended that the complainant had also signed the agreement that specified that charges/fee paid were not refundable under any circumstances.

However, the forum observed that one of the vital conditions of the contract was that there must be free will of the parties and there must be meeting of minds on the terms and conditions of the contract in a similar way.

But the complainant was allured by the representative of the company and never got an opportunity to go through the terms and conditions.

Therefore, the forum directed the company to refund the ₹65,000 deposit after subtracting administrative fees of ₹3,800, and also pay a compensation of ₹10,000 for mental harassment and ₹7,000 for cost of litigation.