Promised luxury stays, offered ‘low-category’ hotels: Chandigarh man wins Rs 1.10 lakh

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The commission awarded refund and compensation to the complainant. (Image generated using AI)The Chandigarh District Consumer Commission recently directed a travel and hotel booking company to pay Rs 1.10 lakh to a 47-year-old man after finding that it allegedly failed to provide the promised 4-5 star accommodation, meals and other benefits under a five-year holiday package.The complainant said that he had purchased a five-year holiday membership from the company for Rs 1.10 lakh. The membership allegedly promised 36 nights of accommodation in 4-5 star properties across India for four adults, along with breakfast, dinner and other complimentary facilities.President Pawanjit Singh and member BM Sharma found that the company’s conduct amounted to deficiency in service and unfair trade practice.“The repeated correspondence placed on record demonstrates that the complainant made genuine efforts to avail the contracted services, but the OPs failed to provide the same in the manner promised,” the commission said on September 1.Plea for refundAccording to the complainant, when he sought a booking for two rooms at a five-star property in Manali, the company’s sales manager refused to provide the booking and instead insisted that he upgrade his plan. Though the company subsequently arranged accommodation in Manali, it was a three-star property.The complainant further alleged that similar difficulties arose when he sought accommodation in Kasauli. On one occasion, the company offered only a 1-2 star property. It later confirmed a booking, but allegedly demanded Rs 2,000 as a non-member charge and did not provide breakfast and dinner. The complainant complained of similar incidents where promised services were not provided. Alleging deficiency in service, the complainant moved consumer commission seeking complete refund.The company did not appear before the commission despite service of notice and was proceeded against ex-parte.Story continues below this adThe ruling particularly noted the repeated provision or offer of lower-category accommodation, failure to provide the promised meals, demand for additional charges and failure to honour the assurance regarding bookings.The commission, however, declined to order a refund of the entire Rs 1.10 lakh, noting that the complainant had actually availed some of the membership benefits, including stays in Manali and Kasauli. ‘It cannot be ignored that the complainant did avail part of the services under the membership.The accommodations provided to the customer at Manali and Kasauli were not fully in line with the promised category and meal plan and did not qualify as the same benefits under the membership, the commission said.It held that the complainant cannot be granted an unconditional refund of the entire membership consideration without taking into account the benefit of the services actually availed by him. While deducting Rs 15,000 towards the reasonable value of the services used, the panel ordered for the remaining Rs 95,000 to be refunded.Story continues below this adIn addition to other heads, the company was directed to pay Rs 15,000 to the complainant for “mental agony and harassment” and litigation costs.TakeawayHoliday membership companies cannot promise premium accommodation and meal benefits and then provide lower-category hotels or demand additional charges. Failure to deliver services as represented can amount to deficiency in service and unfair trade practice.For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Chandigarh helpline:0172-270-0183) or call the National Consumer Helpline at 1915 for assistance.Don’t miss out on these stories:Passengers miss flight after timing change ‘sent to wrong email’, win Rs 1.8 lakh payoutStory continues below this adInsurer rejects claim over ‘history of high BP’, Himachal man wins Rs 2 lakh payoutFlight cancelled, family ‘forced’ to extend Goa stay, airline ordered to pay Rs 64,000Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More Tags:consumer court