Sterling Resorts told to refund customer for deficiency in service

May 23, 2019 01:12 am | Updated 01:12 am IST - Ritwik Tyagi

Taking cognisance of a family’s agony, the District Consumer Disputes Redressal Forum in Pune recently directed Sterling Holiday Resorts Limited refund ₹1,13,900 to them and pay them ₹50,000 for deficiency in service.

Balbir Singh Sabharwal, the complainant, was interested in a holiday in Kerala in December 2016. He came in contact with the executives of Sterling Holiday Resorts Limited, who agreed readily to arrange for the holiday. The company had introduced a new 25-year membership plan at a cost of ₹4,53,550 and the executives promised to arrange a complimentary holiday in its resorts.

Mr. Sabharwal made several requests to the company for arranging holidays for his family in Goa and Kerala, but it failed to do so. He sent the company a legal notice for cancellation of his membership, but Sterling failed to refund the money. The advocate for the complainants stated that this caused the family great stress.

Mr. Sabharwal filed a complaint seeking a compensation of ₹2,03,000 for deficiency in service along with the refund of ₹1,13,900 paid towards membership. The Forum, comprising president Anil Khadse, and members Kshitija Kulkarni and Sangita Deshmukh, said the complaint was backed with documents and other evidence. The complainant had taken membership only after the executives had assured him that they would arrange for complimentary holidays and other additional benefits.

Sterling acknowledged that Mr. Sabharwal had made a payment of ₹1,13,900. However, the advocate for the company contented that cancellation of membership could only be made within 10 days. The Forum said this opposition does not hold ground as the entire case was based upon deficiency in service on part of the resort company.

The Forum passed an order directing Sterling Holiday Resorts to refund Mr. Sabharwal ₹1,13,900 with interest at 9% from the date of complaint. The company was also directed to pay ₹50,000 as compensation for the complainant’s mental and physical agony.

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