Holiday deal gone wrong, court orders refund

A Chandigarh consumer commission has ordered Park Club International Pvt Ltd to refund Rs 95,000 to a customer who purchased a five-year holiday membership for Rs 1.10 lakh. The commission also awarded Rs 15,000 in compensation for mental anguish, harassment, and litigation expenses. The decision was made on September 1, 2026.

Mandeep Kumar Garg, the affected customer, bought the membership on February 6, 2024, for Rs 1.10 lakh. The membership was supposed to provide 36 nights at 4-5 star hotels across India for four adults, along with breakfast, dinner, and other facilities. However, Garg alleged that Park Club International failed to deliver on its promises.

According to the commission, the company offered lower-category hotels and demanded additional charges during stays. Garg sought a five-star accommodation in Manali and was instead given a three-star property. He also complained about receiving only one- or two-star properties in Kasauli, despite the membership guaranteeing stays at 4-5 star hotels. The company allegedly charged him additional fees for dinner and breakfast, forcing him to spend extra money on meals.

The commission found that Park Club International did not provide the promised 4-5 star hotels and meal plans, and charged Garg extra for services. The company did not appear before the commission despite being served with a notice. The bench, consisting of President Pawanjit Singh and member BM Sharma, proceeded against the company ex-parte, meaning that the company was dealt with without allowing it to present its case.

The commission noted that Garg had supported his complaint with documents, including membership details, payment proof, membership ID, correspondence, hotel booking confirmations, meal bills, and a legal notice. The bench observed that the company's actions were not rebutted by the company, as it did not appear before the commission.

The commission stated that Garg had paid Rs 1.10 lakh based on the representation that he would receive accommodation in 4-5 star properties, along with breakfast and dinner, and other promised facilities. The company "failed to provide the services in accordance with the terms and representations made at the time of obtaining the membership."

The commission found that Park Club International provided accommodation in 3-star or lower-category properties, despite Garg's entitlement to 4-5 star properties. The company also failed to provide the promised meal plan and demanded additional charges from Garg during stays. The bench concluded that the company did not honor its representation regarding timely and assured bookings, despite Garg making his requests well in advance.

The commission decided to refund Rs 95,000, which is the original membership fee minus Rs 15,000 in compensation for mental anguish, harassment, and litigation expenses. Park Club International was directed to pay the refund along with 9% annual interest from September 9, 2025, the date the complaint was filed. The principal amount, including interest, must be paid within 45 days of receiving the commission's certified copy.

If the company fails to comply within the stipulated period, the unpaid amounts will incur 12% annual interest from the date of the order until realization.