Chandigarh

DF-I

CC/84/2024

RITESH JUNEJA - Complainant(s)

Versus

CLUB DESTINATIA PVT LTD - Opp.Party(s)

AROMA JUNEJA

03 Dec 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/84/2024
Date of Institution	:	08.02.2024
Date of Decision	:	03/12/2024

 

1.     Ritesh Juneja S/o Sh. Subhash Chander r/o House No.6 Sector 27A Chandigarh.

 

2.     Aroma Juneja wife of Sh. Ritesh Juneja r/o House No.6 Sector 27A Chandigarh

....Complainants

 

Vs.

 

1.     Club Destinasia Pvt. Ltd.; 222,  2^nd Floor, Global Business Park, Zirakpur, Punjab 140603

 

a.      Amit Chauhan, Director; 222,  2^nd Floor, Global Business Park, Zirakpur, Punjab 140603

 

b.     Sandeep Kumar, Director, 117 1^st Floor Global Business park, opp Metro, Zirakpur, Punjab 140603

 

2.     Achal Dubey Official of the Club Destinasia, 222,  2^nd Floor, Global Business Park, Zirakpur, Punjab 140603

 

3.     Isha Thakur at, Club Destinasia 222,  2^nd Floor, Global Business Park, Zirakpur, Punjab 140603

 

4.     Sabhya of the Club Destinasia Pvt. Ltd.; 222,  2^nd Floor, Global Business Park, Zirakpur, Punjab 140603

 

5.     Harjeet Singh at Club Destinasia, 222,  2^nd Floor, Global Business Park, Zirakpur, Punjab 140603

 

….Opposite Parties

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                               

ARGUED BY	:	Sh. Aroma Juneja, Advocate for complainant
	:	Ms.Pooja Dahiya & Ms.Muskan Sharma, Advocate for OPs.

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainants under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OPs). The brief facts of the case are as under :-
   1. It transpires from the averments as projected in the consumer complaint that on receiving a telephone call from OPs No.1 and 2 for the Vacation Holiday Gift Voucher with movie tickets, other gifts and benefits in very less price, the complainants went to Hotel Turquoise  and on their arrival in the hotel, OPs No.1 and 2 explained the membership of the club and assured that by subscribing the said plan, they will get 12 nights in a year at 4 to 5 star hotels with all the other benefits and the benefits will last for 5 years conditioned to 32 nights in total of 5 years. It was cleared by complainant No.1 to the OPs that as the family of the complainants consist of all five persons and they will go together for holiday vacations, so at least two rooms are needed every time and after calculations, OP No.2 offered a membership fee of ₹78,000/- with an assurance that all the members can go on trip with Annual Subscription Charges (ASF) of ₹6999 per year. By believing their assurances, the complainants paid membership fee of ₹78,000/- on 23.12.2022 through credit card. Thereafter OP No.5 sent a welcoming e-mail dated 26.12.2022 to the complainants providing brief information about their company and membership plan i.e. Vacation Ownership Plan (Annexure C-2).  As per the Membership Application Form, the applicant was allowed to terminate the membership within 10 days on providing written intimation or by e-mail. In the presentation on 23.12.2022, the OPs promised that the holiday vacation stay will be arranged in 4 to 5 star hotels like Hyatt Regency, The Lalit, ITC Chain of hotels, Park Plazza etc.  Later on, when the complainants found that the OPs had firstly provided 12 nights vacation stay in one single year (subject to maximum total of 32 nights for 5 years) but they failed to explain about the details of the same and on finding this act of the OPs, the complainants sent e-mail to the OPs within 10 days of the application form with a request to refund the membership fee of ₹78,000/- (Annexure C-3). Thereafter, another e-mail was received from OP No.2 who informed the complainants to have faith and try for once chance to serve and on this in June, the complainants made a request through e-mail for booking, which was denied. Thereafter, the complainants again made request to the OPs to refund the membership fee of ₹78,000/- as they failed to provide the requisite services even after passing of more than one year. The complainants sent number of reminders to the OPs through e-mail with request to refund membership fee of ₹78,000/-. The aforesaid act amounts to deficiency in service and unfair trade practice on the part of OPs. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
   2. OPs resisted the consumer complaint and filed its/their written version, inter alia, taking preliminary objections of maintainability,  cause of action and concealment of facts.  It is also alleged that in fact the complainants had approached them with a request to book their stay at Darjeeling after request for cancellation of the membership and the said request was accepted and offer was given to them for the said purpose. It is further alleged that even the OPs approached the complainants with refund of ₹70,200/-  after 10% deduction but the same was not accepted. On merits, it has been admitted that the complainants were offered membership of the club on payment of ₹78,000/- . The complainants were explained about the agreement plan and after accepting the same, the membership was given on the discounted membership fee of ₹78,000/- with annual subscription charges of ₹6,999/-. It is further alleged that the complainants themselves signed the membership agreement on 23.12.2022 with the mentioning of 30 nights+2 vouchers, annexed as Annexure P-1. The cause of action set up by the complainants is denied.  The consumer complaint is sought to be contested.
   3. In rejoinder, complainant reiterated  the claim put forth in the consumer complaint and prayer has been made that the consumer complaint be allowed as prayed for.
2. In order to prove their respective claims the parties  have tendered/proved their evidence by way of respective affidavits and supporting documents.
3. We have heard the learned counsel for the parties and also gone through the file carefully, including the written arguments.
   1. At the very outset, it may be observed that when it is an admitted case of the parties that the Ops had given the club membership to the complainants on receiving ₹78,000/-  as membership fee, as is also evident from the application form for purchase of Club Destinasia Ownership Plan (Annexure C-2) and within 10 days of the filing of the membership application, the complainants had cancelled the membership by sending request through e-mail (Annexure C-3) to the OPs with a request to refund the membership fee of ₹78,000/- and the OPs had offered ₹70,200/- after deduction of 10%, which was not accepted by the complainants, the case is reduced to a narrow compass as it is to be determined if the complainants had cancelled the membership within 10 days of the filing of the application form as per the terms and conditions of the membership agreement and they are entitled for the reliefs as prayed for, as is the case of the complainants, or if the OPs are justified in offering ₹70,200/- to the complainants as per the terms and conditions of the membership agreement and there is no deficiency in service on the part of OPs and the complaint of the complainant, being false and frivolous,  is liable to be dismissed, as is the defence of the OPs.
   2. In the back drop of the foregoing admitted and disputed facts on record, it is clear that the entire case of the parties is revolving around the terms and conditions of the membership agreement /membership rules and the same are required to be scanned carefully
   3. The membership agreement /membership rules are annexed with the application form (Annexure C-2) and Clause 6 of the membership agreement /membership rules specifically refers about the termination of the membership and the relevant portion of which is reproduced as under:-

6.    TERMINATION

       In the event of in Termination/cancellation of PLAN MEMBERSHIP, the following shall apply. 6.1.1. Rescission Period Termination/cancellation: Withdrawal of application from Membership Plan of shall be permitted within the Rescission Period which is 10 days from the date of signing the Membership Application Form or realization of the down payment, whichever is earlier, provided such request for withdrawal is made in writing and signed (in case of joint application by all the Applicant) and reaches Company within aforesaid period of 10 days. In the event of such withdrawal. Company shall refund the entire amount received from the member towards the membership Fees on expiry of 90 days from the receipt of request for withdrawal under appropriate cases.

 

       In the case of joint applications, refund shall be made to the first applicant only. Refund shall be without any interest. Company shall be entitled to deduct administrative charges at the rate of 10%. taxes and bank transaction charges. if any. in the event of withdrawal of the application by an applicant beyond 10 days from the date of enrolment, the applicant shall not be eligible for any refund.

4. Thus, one thing is clear that the member/applicant was allowed to withdraw the application from membership plan within the Rescission Period which is 10 days from the date of signing the Membership Application Form or realization of the down payment, whichever is earlier. In the case in hand as admittedly, the complainants had made the down payment of ₹78,000/- to the Ops on 23.12.2022 through HDFC credit card and they made request for termination of the membership through e-mail dated 28.12.2022 (Annexure C-3) i.e. within 10 days of the making of the down payment to the OPs, it is safe to hold that the request of the complainants for termination of the membership covered under Clause 6.1.1 of the membership agreement /membership rules and the complainants are entitled for refund of the aforesaid amount subject to 10% deduction being administrative charges which comes to ₹70,200/-. Though it has come on record that the OPs had offered refund of ₹70,200/- by making deduction of 10% but since they have not refunded the aforesaid amount to the complainants till date, which amounts to deficiency in service and unfair trade practice on their part.
5. In view of the aforesaid discussion, it is safe to hold that the complainants have successfully proved the cause of action set up in the consumer complaint and the present consumer complaint deserves to succeed.

4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OPs are directed as under :-
   1. to pay ₹70,200/- to the complainants alongwith interest @ 9% per annum (simple) from the date of the application/e-mail i.e. 28.12.2022  onwards
   2. to pay ₹15,000/- to the complainants as compensation for causing mental agony and harassment;
   3. to pay ₹10,000/- to the complainants as costs of litigation.
5. This order be complied with by the OPs jointly and severally within a period of 45 days from the date of receipt of certified copy thereof, failing which the amount(s) mentioned at Sr.No.(i) & (ii) above shall carry penal interest @ 12% per annum (simple) from the date of expiry of said period of 45 days, instead of 9% [mentioned at Sr.No.(i)], till realisation, over and above payment of ligation expenses.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

03/12/2024			[Pawanjit Singh] President
			[Surjeet Kaur] Member
			[Suresh Kumar Sardana] Member

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