West Bengal

South 24 Parganas

CC/470/2014

1. Col. Rahul Kar, S/O. Late Ranadip Kar. - Complainant(s)

Versus

1. Country Club ( India ) Ltd. through its managing Director. - Opp.Party(s)

28 Apr 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NOS. _470__ OF ___2014______

 

 DATE OF FILING : 18.9..2014_     DATE OF PASSING JUDGEMENT:__28.4.2015

 

Present                        :   President       :  Udayan Mukhopadhyay

 

                                        Member(s)    :   Dr.(Mrs.)  Shibani Chakraborty                                        

 

COMPLAINANT                  : Col. Rahul Kar,s/o late Ranadhip Kar, of Flat no.10, C2, Cape Tower,

  Hiland Park, Kolkata, West Bengal -94.

 

-VERSUS  -

 

O.P/O.Ps                                : 1.   Country Club (India) Ltd. Through its Managing Director,

                                                 Amrutha Castle, 5-9-16, Saifabad, Hyderabad-500 063.

                                                2.     Country Club (India) Ltd. Through its Branch Manager,

                                                123, Rashbehari Connector, Bosepukur , Kasba, Kolkata-42.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Dr.(Mrs.) Shibani Chakraborty, Member

The case of the complainant in brief is that  the complainant took a membership from O.P Club so that they can avail yearly vacation packages which includ stay for a period of every year upto 6 nights and seven days at O.P’s property within India and as well as outside India. According to that he planned a trip to visit Bali in Indonesia in the month of October and accordingly the O.P was informed for necessary arrangement . But O.P failed to do that. Hence, this case.

            The O.P contested the case by filing written version denying all material allegations contending inter alia that the allegations made by the complainant  is not maintainable either in law or in facts.

            The complainant filed evidence on affidavit, questionnaire and reply.

            The O.P also filed evidence on affidavit, questionnaire and reply.

 

                                                            Decision with reasons

            We have carefully gone through the records and documents filed by both the parties. The documents that submitted by Consumer cannot prove that O.P assured him that they have the property in Indonesia. O.P said that they can arrange the accommodation in off season (offpeak) from February to September and O.P also mentioned that they can arrange accommodation on their own properties and other tie up properties and accordingly they can arrange at Indonesia with tie up properties in off peak season. On the other hand in the agreement It was clearly written that the vacation charge is non-refundable under any circumstances and that the vacation fee is not a refundable deposit.

            So, under this circumstances the complainant cannot ask for the refund of money. Holiday gift ,voucher and the agreement reveals that there is no deficiency of service on the part of O.P. As a result the case of the complainant fails.

            Hence,

                                                                        Ordered

That the case being C.C.no. 470 of 2014 be and the same is dismissed on contest without cost.

Let a copy of this order be served upon the parties free of cost.

                                                                                                                             

                                                            Member                                               President

 

Dictated and corrected by me

           

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

Ordered

That the case being C.C.no. 470 of 2014 be and the same is dismissed on contest without cost.

Let a copy of this order be served upon the parties free of cost.

                                                                                                                              

                                                            Member                                               President