The titled complainant Pardeep Malhotra alleging having got befooled financially, harassed physically and agonized mentally at the hands of the titled opposite party Club Mohindra has filed the present complaint seeking refund/return of his membership fee summing up to Rs.2,83,470/- besides Rs.50,000/- as compensation and litigation cost. The complainant has further pleaded that the OP Club Agent Sh. Ankit approached him at Dinanagar (Gurdaspur) and offered him the Club Mohindra Membership highlighting its benefits by way of Top-class holidaying at World-class Resorts (Stay) for the entire family in India as well as Abroad, as and when requisitioned by him as an esteem club member. He being carried away by the OP Club assurances joined the membership by paying the prescribed fee of Rs.2,83,470/- through cash/cheque/NEFT/Bank transfers.

2.        However, the OP Club refused the requisitioned facility including accommodation during the family’s proposed Pilgrimage Visit to Rameshwaram (South India) and again at their Rest & Rejuvenation Visit to Manali (H.P.) and the complainant had to arrange their stay at both the places at their own and from own resources/funding etc.

3.        The complainant finds it pertinent here to mention that Club Mohindra has got its own Big Resorts at both the above places i.e. at Rameshwaram & Manali and as such its refusal to provide the assured and prepaid facility to the family amounts to deficiency in service and unfair trade practice at play. Having suffered humiliation and harassment as above the complainant applied for cancellation of his membership and refund of the fee to which the OP Club flatly/ point-blankly refused and hence prompted the present complaint accompanied by the requisite Affidavit (Ex.C1) and other listed documents (Ex.C2 to Ex.C7) in evidence seeking the above prayed reliefs, in the name of justice. Listed documents produced in evidence by the complainant; Ex.C1– Affidavit dated 04.01.2022 filed on 03.02.2022; Ex.C2 – Copy of the Member Payment Statement; Ex.C3 to Ex.C6– Copies of the HDFC Bank Deposit Receipts; Ex.C7– Copy of the Complainant Aadhar ID; Ex.C8– Copies of the Air Tickets (New Delhi to Madurai & Return); Ex.C9 to Ex.C11 – Copies of Club Mohindra Membership Cards. Rejoinder dated 19.10.2022 filed by the Complainant.   

4.       The opposite party Club Mohindra (the OP1 and the OP2), in response to the Commission’s Summons, appeared through their counsel who filed the written-statement comprising of the preliminary objections as well as the para-wise reply on merits and first clarifying that ‘Club Mahindra’ has been the brand name (registered trade name) of the Co. incorporated/registered under the Companies Act, 1956 under the name and style of ‘Mahindra Holidays & Resorts India Limited’ and its Legal Manager Sh.Amit Nijhawan has been authorized to file the present reply. The OP Club Co has objected to the complaint’s maintainability, addressing it as abuse of the process of law, pointing out its failure to make out even a prima facie case of deficiency in service on the OP part and an attempt to wriggle out of the duly executed contract to extract money. Accusation of misrepresentation of facts by the complainant and repetition of some of the contents of para 1. Complaint alleged to be comprised of bald statements being false/frivolous not supported by any cogent evidence. Vague booking requests were made. The complainant has never approached the OP Co. with his grievance(s). The complainant has signed the membership rules with the OP Co out of his own will and presently wants to wriggle out of the valid contract. The membership rules are duly acknowledged and accepted. No deficiency is reported or even mentioned. The complaint is vague and bereft of detail etc. It is a claim of recovery of membership fee and not a consumer complaint. Its adjudication requires ample evidence/ not be tried under consumer laws. No negligence/deficiency on the OP part is submitted. Its purpose is to extract money from the OP Club Co. There are membership fee payments due to the complainant but he has mentioned the bookings only. The complainant has himself failed to pay the full fee. The terms & conditions of the agreement are not open to question at this stage as the complainant has irrevocably accepted all these. The OP Club’s agent visit and the Complainant queries are admitted. The contents of para2 are not admitted and the denial has been duly explained in detail in their own terms. The complainant had opted to purchase ‘Blue Studio’ membership at the agreed prescribed fee of Rs.3,37,400/- but paid Rs.1,41,700/- and the rest were to be paid in Equated Monthly Installments (EMI) to which he had defaulted. As per Company's records, the complainant has paid Rs.2,66,932/- only towards the membership price in all. The matter has been explained threadbare, here. The contents of para 4 are not admitted as explained in detail explaining and also repeating the rules etc., in details. The contents of the para 5 are again not admitted and the applicable rules 8.1, 8.2 and 8.4 are reproduced here, in totality; and such the complainant cannot hive off at this stage. The contents of the para 6 are denied in totality. The contents of para 7 are matter of records. The OP Club Co. denies having inflicted any humiliation/harassment upon the complainant and lastly the complaint has been prayed to be dismissed with exemplary costs. However, the OP’s counsel did not file the written arguments. The OP Co. has also annexed some senior court judgments with the reply and that stand respectfully perused and the requisite guidance/direction shall be gratefully sought from these valuable compilations during the proceedings, as and when requisite. In support of their version opposite parties have filed affidavit of Sh.Amit Nijhawan Ex.OPW-1,2/A alongwith annexure 'A' to 'F'.

5.       We have carefully examined the documents/evidence produced on record (along with the scope of ‘adverse inference’ for those ignored to be produced) in order to adjudicate/determine the respective ‘claims’ as put-forth by the present litigants in the light of arguments  advanced by their respective learned counsels representing the two sides. It shall be pertinent here to mention that consumer law and its legislated provisions are available to the aggrieved as an alternative and legal remedy providing an expeditious relief. The dispute, in question, is very much a consumer dispute and the present complaint has been rightly presented before an appropriate fora.

6.        We observe that the complainant had to suffer substantial financial loss and hardships on account of the OP Co’s self-designed/determined terms/rules/byelaws to the adverse consumer-interest and those by virtue of a plethora of senior court rulings shall not be applicable sans the one judicious judicial review.

7.       We observe with concern that the OP Club Co. has not produced the documents/contracts/agreements claimed to be executed with them by the complainant with his free consent and duly stamped. The OP Co. has simply reproduced the applicable terms and rules etc only but they have failed to produce any cogent evidence that these were duly dispatched/conveyed and received/receipted by the complainant. Even the OP Club Co. claim that the complainant had availed of one stay at Goa has not been proved/evidenced by the Co. vide some documentary evidence.             

8.       In the light of the all above we find and hold the OP Club Co. guilty of having violated the preferred consumer rights of the herein consumer/complainant through an open display of unfair trade practice coupled with deficiency in service. We, thus partly allow this complaint and Order the titled OPs to refund the receipted membership fee, in full, to the complainant with interest @ 7% PA from the date of each deposit till realization besides to pay him Rs.10,000/- in lump sum in lieu of compensation and cost of litigation etc., within 45 days of receipt of certified copy of these orders otherwise the total aggregate amount will attract an additional interest @ 4% PA from the date of these orders till actually paid in full. In case of non-compliance/delay in compliance of these orders the complainant may seek statutory indulgence of this commission in accordance with the provisions of law. 

9.        The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

10.      Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.  

                                                              (Naveen Puri)

                                                                     President.

ANNOUNCED:                                    (B.S.Matharu)

JAN. 12, 2023.                                             Member.

YP.