Chandigarh

DF-II

CC/317/2019

Dr. Bhupendra Singh Rana - Complainant(s)

Versus

Country Club Fitness Centre Chandigarh - Opp.Party(s)

In Person

09 Jan 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	317/2019
Date of Institution	:	14.05.2019
Date of Decision	:	09.01.2020

 

                                       

                       

 

Dr.Bhupendra Singh Rana, # 3148, Sector 24-D, Chandigarh -160023.

                                ...  Complainant.

Versus

Country Club Fitness Centre, Chandigarh, SCO No.44 & 45, 2^nd Floor, Above Punjab National Bank, Sector 9-D, Madhya Marg, Chandigarh 160009 through its Proprietor. 

…. Opposite Party.

 

BEFORE:
	SHRI RAJAN DEWAN,	PRESIDENT
	SMT.PRITI MALHOTRA,	MEMBER

 

Argued by:-
	Complainant in person.
	Sh.Pardeep Sharma, Adv. for the OP

 

      

PER RAJAN DEWAN, PRESIDENT

1.         The brief facts of the case as alleged by the complainant is that  he was fleeced by Mr.Manoj Dahiya, Team Manager and Mr.Ajit Singh, Holiday Consultant to buy the holiday membership of the OP.  The complainant alleged that the OP had promised hassle free holiday of 21 days (7 Days + 2 Weeks) every year for 5 years with the assurance of without any season restriction anywhere in the country through them or their channel partner(s) Dial and Exchange (DAE).  Allured by their promises, the complainant paid a sum of Rs.70,200/-  to the OP and he was issued membership on 02.11.2018. However, when he received the offer letter from the company, it had changed 7 days to six nights and seven days with Blue Season and as such he sought clarification from Mr.Dahiya but he failed to give any reply.  On 17.11.2018, the OP sent DAE card.  On 21.11.2018, the DAE executive informed the complainant about the benefits and other terms of offer and informed that the membership and arrangement are applicable only for Blue Season which can be availed between the months of July to September only.  On 25.03.2019, the complainant informed Ms.Akansha, MRD through whatsapp messages and telephone to book stay in places from 29.03.2019 – 30.03.2019 to New Delhi, 31.03.2019 to 01.04.2019 to Mathura and 02.04.2019 to Agra respectively and she assured him to confirm the booking arrangements by 26.03.2019. But he did not get any response by 27.03.2019  and as such he again contacted her through whatsapp and e-mailed to enquire the status of the booking but she responded with the whatsapp messages “will call you”.  Subsequently, Miss Akansha responded to call of the complainant that Ms. Ashima will arrange the booking.  It has further been alleged that in the evening of the same day, she tried to dissuade the complainant that the booking was not possible due to one reason or other.  Finally, the complainant got served a legal notice dated 28.03.2019 requiring the OP to refund the deposited amount within 15 days and also sent a e-mail to Ms.Akansha  stating therein that he had tried to adjust the holidays booking by swapping days so that his holidays programme was not spoiled but the OP failed to serve him, which is obligatory on the part of the OP as promised. The complainant also sent messages to the officials of the OP on 03.04.2019 regarding the refund of the money but to no effect.  It has further been pleaded that he modified his tour of Delhi, Agra and Mathura/Vrindavan from 29^th March to 3^rd April and rearrange the tour to Agra and Mathura/Vrindavan and excluded New Delhi from initial planned holiday destination from 30^th March 2019 to 2^nd April, 2019 and visited these places and spent additional money on stay arrangement. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OP, the complainant has filed the instant complaint.
2.         In their written statement, the OP has admitted that the complainant  had entered into the agreement out of his own free will after going through the contents of the same and the membership benefits and details as per the agreement was thoroughly explained to the complainant thereafter which a welcome call also was conducted by the OP where he raised no objection on the same and subsequently, they have generated the membership and an instant online membership account was given to him so that he can use the services as per the terms and conditions of the agreement. It has been denied that the alleged handwritten pages were issued to him by any of the sales representatives of the OP.  It has further been pleaded that as per  the membership, the complainant was entitled for 6 nights and 7 days each year in properties owned and associated  of the OP company with blue season and nothing more than that.  It has further been pleaded that the DAE membership issued to the complainant is an additional benefit where he can exchange his holidays in the membership with the said 3^rd party enterprises upon paying nominal charges as per the DAE membership and its terms and conditions.  It has further been pleaded that the complainant was required to book the holidays online which he never did. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on their part, a prayer for dismissal of the complaint has been made.
3.         The complainant filed rejoinder to the written reply of the OP controverting its stand and reiterating the averments as made in the complaint.        
4.         We have heard the complainant in person, learned Counsel for the OP and have gone through the documents on record.
5.         The complainant was fascinated by false exaggerated promises of OP regarding providing vacation facilities on gaining its Membership.  Accordingly, the complainant has paid an sum of Rs.70,000/- on 13.10.2018 besides Rs.200/- as transaction charges, but the OP even after getting such a huge amount, failed to provide him any facility of stay in any of the Company’s Hotel/resort despite his repeated requests on 25.03.2019,  27.03.2019 for arrangement of accommodation at Delhi, Agra, Mathura/Vrindavan, which itself amounts to deficiency in rendering proper service.
6.         The complainant has not been provided any facilities by the OP, as such, he has every right to get back his money, which he has paid for membership of OP Club.   The complainant has also served a notice upon the OP requesting them to refund the deposited amount but they did not take any pain to refund the said amount to him.  The OP cannot, by any of the provisions, forfeit the amount of the complainant and as such is liable to pay back the same i.e. Rs.70,200/-.  No prejudice shall be caused to the OP in case the complainant withdraws his membership. 
7.       Keeping into consideration the fair play and interest of justice, the complaint is allowed with direction to the OP to
   1. refund Rs.70,200/- along with interest @ 9% p.a. from the date of its deposit till its realization to the complainant.
   2. pay a sum of Rs.10,000/- towards compensation for mental agony and physical harassment to the complainant.
   3. pay a sum of Rs.5,000/- as litigation expenses.
8.      This order be complied with by the OP, within 30 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(ii) shall also carry interest @9% per annum from the date of this order till its actual payment besides compliance of other directions.
9.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

 

Announced 09/01/2020	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER