Sri B.NARAYANAPPA,

     President

1.       The complainant Sri. H. Rudrappa has filed this complaint against the opposite party No.1 Country Club, Begampet, Hyderabad.  Opposite party No.2 Country Vacations, Chamarajapuram, Mysuru praying to direct the opposite parties to refund a sum of Rs.1,40,200/- along with interest and cost in his favour.   

2. The brief facts are that:-

The opposite party No.1 is a Reregistered Company being its registered office at Hyderabad.Opposite party No.2 is a branch office.The opposite parties engaged in hospitality business, operating clubs, Fitness Centers, Hotels, Travel Planning Service and Restaurants and render the services to its members.The complainant had taken membership from opposite party bearing membership No.CVMYISCLUBSLB252634 by executing Sale Agreement dated 25.05.2018 with the opposite party and paid a sum of Rs.1,44,000/-.After taking membership, the complainant visited the office of opposite party at Mysuru and he was not satisfied with the hospitality and infrastructure.Therefore he requested the opposite parties to cancel the membership according to the terms and conditions of the agreement there a cool period of 10 days from the date of agreement to discontinue or cancel the membership and he sent letter dated 31.05.2018 and also E-mail to opposite party in this regard and requested opposite parties to cancel the membership by deducting administrative charges of Rs.3,800/- out of Rs.1,44,000/-, but the opposite parties did not respond in spite of several visits by complainant to opposite party office and not refunded the amount.Therefore the complainant issued legal notice to opposite party on 17.11.2018 which has been served, but opposite party not replied nor complied with the terms of the notice.Therefore, this complaint.

3.        After registration of this complaint, notices were ordered to be issued to opposite parties.  In response to notice the opposite parties appeared through its counsel before this Commission and filed version denying the averments made in the complaint as false but admitted the averments made in para No.2 of the complaint as true and correct with regard to obtaining of membership by the complainant from the opposite party bearing membership No.CVMYISCLUBSLB252634 and execution of Sale Agreement dated 25.05.2018 and payment of Rs.1,44,000/- by the complainant to opposite parties and denied the averments of complainant that the opposite parties have caused deficiency in service or unfair trade practice and contended that the complainant shown the interest to become member of opposite party and willingly entered into purchase of agreement and the opposite party provided permanent membership card to complainant to avail the vacation facilities. The amount paid by the complainant towards the membership by voluntarily signing the purchase agreement without any coercion after going through the clauses of the agreement which is not refundable, wherein the agreement itself states that the amount paid is not refundable, but the complainant can transfer the membership to the third party.  Therefore the complaint is not maintainable and further contends that the opposite parties are willing and ready to provide the best service to the complainant.  Hence, prays to dismiss the complaint.

4.      The complainant has filed his affidavit by way of examination in chief the same was taken as P.W.1 and got marked  Exhibit P.1 to P.9.  On the other hand opposite party has also filed its affidavit by way of examination in chief  the same was taken as R.W.1 but not got marked any documents.

5.  We have heard the arguments of complainant counsel.  Opposite party and counsel were not present and not addressed arguments on behalf of opposite party.    

6.     The points that would arise for our consideration are as under:-  

1. Whether the complainant proves that the alleged deficiency in service and unfair trade practice on the part of the opposite parties and thereby he is entitled to the reliefs as sought for?
2.  What order?

7.          Our findings on the aforesaid points are as follows:

       Point No.1 :- In the affirmative;

       Point No.2 :- As per final order for the following

:: R E A S O N S ::

8.      Point No.1:- It is not in dispute that the opposite party No.1 is the Registered Company having its registered office at Hyderabad and opposite party No.2 is the branch office of Mysore  and opposite parties are engaged in hospitality business, operating clubs, Fitness Centers, Hotels, Travel Planning Service and Restaurants.  It is also not in dispute that the complainant has taken membership from the opposite party bearing membership No.CVMYISCLUBSLB252634 and the opposite party executed  Sale Agreement dated 25.05.2018 in favour of the complainant by receiving an amount of Rs.1,44,000/- from the complainant.  The receipt of amount of Rs.1,44,000/- by the opposite party from the complainant has been admitted by the opposite party.  It is the specific contention of the complainant that after taking membership from the opposite party and executing Sale Agreement by opposite party in his favour he visited office of  opposite party No.2 and was not satisfied with the hospitality and infrastructure of the opposite parties.  Therefore as per the terms of Agreement a cool period of 10 days is given to discontinue or cancel the Agreement and membership therefore within cool period of 10 days the complainant decided to cancel or discontinue his membership and sent a letter dated 31.05.2018 and E-mail and requested the opposite parties to refund amount by deducting administrative charges of Rs.3,800/- out of Rs.1,44,000/-, but no response from the opposite party and they did not refund the amount despite  issuance of legal notice dated 17.11.2018.

9.      On the other hand it is the contention of the opposite parties that the complainant being an educated person after understanding the clauses incorporated in the Agreement and after satisfying the facilities that would be provided by opposite party to its members signed the Sale Agreement with the opposite party by paying Rs.1,44,000/-.  Therefore the opposite party given membership to complainant bearing membership No. CVMYISCLUBSLB252634 and further contended that the amount deposited by the complainant for obtaining membership and signing the Sale Agreement is not refundable amount as per the clauses of the agreement.  Therefore the amount deposited by the complainant cannot be refunded.

10.  The complainant got marked Exhibit P.1 the copy of Sale Agreement entered into between the complainant and opposite parties dated 25.05.2018 which clearly goes to show that the complainant had paid a sum of Rs.1,44,000/- to the opposite party and become the member of the opposite party.  Therefore the opposite party issued membership to complainant bearing membership No.CVMYISCLUBSLB252634 and also executed Sale Agreement in favour of the complainant.  As per Exhibit P.1.  The terms and conditions No.34 of the Sale Agreement reads as under;
    •  

11. So from the terms and conditions of 34 of Sale Agreement a cool off period of 10 days from the date of signing the agreement is extended to discontinue the membership.  The date of Sale Agreement was 25.05.2018 the complainant sent letter dated 31.05.2018, as per Exhibit P.7 to opposite party for cancelation of Agreement dated 25.05.2018 within a cool period of 10 days from the date of Agreement of Sale dated 25.05.2018 and also sent E-mail on 31.05.2018 as per Exhibit P.8 to opposite party for cancellation of Agreement within a period of 10 days of cool period and also got marked Exhibit P.9 the acknowledgement issued by opposite party for having received Rs.1,44,000/- from the complainant towards membership.  So from the documentary evidence produced by the complainant, it is crystal clear that after execution of Sale Agreement dated 25.05.2018 by the opposite party in favour of complainant by receiving Rs.1,44,000/- from the complainant towards membership and for signing the Sale Agreement, the complainant dissatisfied with the hospitality extended to him by the opposite party.  Therefore he decided to discontinue or to cancel the membership accordingly within the cool period of 10 days, the complainant issued letter dated 31.05.2018 and sent E-mail on 31.05.2018 to opposite party to discontinue or cancel the membership as per the terms and conditions No.34 of  the Sale Agreement, but the opposite parties did not respond and not refunded the amount of Rs.1,44,000/- by deducting Rs.3,800/- towards administrative charges.  In view of the opposite parties did  not refund the amount of Rs.1,40,200/- by deducting the administrative charges of Rs.3,800/- out of deposited amount of Rs.1,44,000/-.  It is clear that the opposite parties have committed deficiency in service and unfair trade practice.  Therefore the opposite parties are liable to refund an amount of Rs.1,40,200/- to the complainant by deducting Rs.3,800/- towards administrative charges  out of Rs.1,44,000/- and also liable to pay interest thereon and cost of litigation. Therefore, we answer point No.1  in the affirmative.

12. Point No.2:- For the aforesaid reasons, we proceed to pass the following

:: ORDER ::

The complaint filed by complainant is allowed.

    The opposite parties are jointly and severally liable to pay a sum of Rs.1,40,200/- to the complainant with interest at 10% p.a. within the period of 3 months from the date of this order till payment and the opposite parties also liable to pay a sum of Rs.5,000/- towards cost of litigation.

Furnish the copy of order to both the parties at free of cost.

(Dictated to the Stenographer transcribed, typed by her, corrected by us and then pronounced in open Commission on this the 22^nd   December, 2020)