Chandigarh

DF-I

CC/967/2019

Bijender Singh Budwar - Complainant(s)

Versus

Country Club Fitness & Vacations - Opp.Party(s)

Rahul Srivastava

15 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/967/2019
Date of Institution	:	26/09/2019
Date of Decision	:	15/09/2022

 

Bijender Singh Budwar, 213-IP, Sector 4, Mansa Devi Complex, Panchkula 134114, Haryana.

… Complainant

V E R S U S

1. Country Club Fitness & Vacations SCO No.44 & 45, 2^nd Floor, Above Punjab National Bank, Sector 9D, Madhya Marg, Chandigarh 160009.
2. Country Club Hospitality & Holidays Ltd., #6-3-1219/A, 4^th & 5^th Floors, Country Club Kool building, Begumpet, Hyderabad 500016.
3. Baljinder, Country Club Fitness & Vacations SCO No.44 & 45, 2^nd Floor, Above Punjab National Bank, Sector 9D, Madhya Marg, Chandigarh 160009. OP No.3 deleted vide order dated 13.02.2020.
4. Preeti, Country Club Fitness & Vacations SCO No.44 & 45, 2^nd Floor, Above Punjab National Bank, Sector 9D, Madhya Marg, Chandigarh 160009. OP No.4 deleted vide order dated 13.02.2020.
5. Y. Rajeev Reddy (Chairman & Managing Director) Country Club Hospitality & Holidays Ltd., #6-3-1219/A, 4^th & 5^th Floors, Country Club Kool building, Begumpet, Hyderabad 500016.
6. Y Siddharth Reddy (Chief Executive Officer) Country Club Hospitality & Holidays Ltd., #6-3-1219/A, 4^th & 5^th Floors, Country Club Kool building, Begumpet, Hyderabad 500016.
7. Y. Varun Reddy (Chief Operating Officer) Country Club Hospitality & Holidays Ltd., #6-3-1219/A, 4^th & 5^th Floors, Country Club Kool building, Begumpet, Hyderabad 500016.

… Opposite Parties

CORAM :	SURJEET KAUR	PRESIDING MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                           

ARGUED BY	:	Sh.Rahul Srivastava, Counsel for complainant.
	:	Sh.Pradeep Sharma, Counsel for OP No.1, 2, 5, 6, & 7.
	:	OP No.3 & 4 deleted vide order dated 13.02.2020.

Per Suresh Kumar Sardana, Member

1.      Alleging that attracted by various offers and commitments made by the OPs, the Complainant purchased vacations on 27.9.2018 by depositing Rs.65,000/- towards vacation short term accommodation with Blue Floating Week Option. Copy of sale agreement is annexed as Annexure C-1. A voucher for a ‘one week holiday’ and two cards were also handed over for provisional access to “Mystic Meadows Club and Resorts” and “The Country Club”. The OPs told that the membership of the complainant would be processed and a permanent card with membership number shall be issued within one month i.e. by 27.10.2018. After the promised date of 27.10.2018 had passed, the complainant contacted OP No.3 telephonically enquiring about the status of his membership. He was told that there was a delay in processing of the same and would take more time. The complainant asked OP No.3 if he could book a stay for the upcoming holiday season, and he was told that he cannot book any holiday till his membership is processed and till he receives a membership card with number. Left with no other alternative, the Complainant made various phone calls to the Opposite Parties requesting for his membership card, whereas the same was not done till the complainant asked for a refund the amount paid by him and sent a legal notice to the OPs (Annexure C-2), but the OPs did not pay any heed to the requests made by the Complainant. Hence, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the instant complaint.
2.     OP Nos.1,2,5,6 & 7 contested the Complaint and filed their joint written statement, inter alia, admitting the basic facts of the case. They submitted that the clause No.16 of the agreement clearly states that the Holidays can be availed online once the second party pays the product price and clearing other dues even before the membership card is issued or reached the complainant. In the present case the complainant had already paid the membership fees thus, it was not necessary to have the physical membership cards in his hand to avail the services with the OP's. The purpose of membership cards is only that it acts as additional ID proof, whereas there is no single document on record that complainant ever tried to book holidays online with the given username and password and was unable to book the holidays and for that matter he did not submit any grievance to the customer care department or any other department of OP-Company. The Complainant also signed the Agreement after going through the same. As per the said agreement, the charges/fee paid is not refundable under any circumstances. However, as per Clause 26 of the Agreement there was a cool off period of 10 days from the date of signing the agreement wherein a Member can discontinue the Agreement by paying a nominal administration charges of Rs.3800/- to the company. After deduction of the aforesaid amount of Rs.3800/- remaining amount was to be refunded to the Member within 120 days of the date of invoking of cool off period. It has been pleaded that the Complainant unilaterally terminate the contract and sought refund of an agreed non-refundable amount that too after the free cool off period of 10 days. Pleading that there is no deficiency in service or unfair trade practice on their part, OP Nos.1,2,5,6 & 7 have prayed for dismissal of the complaint.
3.     Parties led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the parties and gone through the record of the case. After perusal of record, our findings are as under:-  
5.     On perusal of correspondence placed on record by the complainant from Annexure C-1 it is observed complainant has paid Rs.65,000/- in cash and signed an agreement on 27.09.2018. It is an admitted fact that the complainant has never used any of the service of the OPs, as OPs themselves have taken a stand that there is no single document on record that complainant ever tried to book holidays online with the given username & password. The OPs have also taken a stand that the complainant signed the agreement after going through the same and as per said agreement, the charges/fee paid is non-refundable under any circumstances.
6.     The main emphasis of the Opposite Parties is that there is an express clause contained in the terms & conditions of the Membership Purchase Agreement that the vacation charges is non-refundable under any circumstances.  We do not agree with the contentions made by the Opposite Parties as one of the vital conditions of the contract is that there must be free will of the parties and there must be meeting of minds on the terms & conditions of the contract in the similar way. Even in the Indian Contract Act, some of the contracts are voidable when the same are based on or created by mis-representation.  In the present complaint too, the complainant claimed that they were allured and explained about the different terms, benefits and facilities, which were not part and parcel of the copy of the agreement received by them.  It seems that the complainant never get an opportunity to go through the terms & conditions of the said agreement while signing the same, being influenced by the allurements made by the representative of the Opposite Parties and only get an opportunity to read the same when the copy of the said agreement landed in the hands of the complainant. We are of the opinion that the complainant without any delay apprised Opposite Parties that the terms & conditions of the present agreement were not inconsonance with the initial proposal or invitations to offer made by the representative of the company. By not honouring the request of the complainants to cancel the contract and by not refunding the amount, the Opposite Parties are found to be deficient in rendering service and indulging into unfair trade practice.
7.     On going through further records, we are of the view that OPs held a lucky draw with the sole purpose to promoting its services & business interest and falsely represented about processing of membership which was not done inspite of charging of the hard earned money of Rs.65,000/- of the complainant. In view of the above discussion, we are of the view that the Opposite Parties are found to be deficient in rendering service and indulging into unfair trade practice.
8.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. The OP No.1,2,5,6 & 7 are jointly & severally directed as under :-

1. To refund the amount of ₹61,200/- (after deducting 3800/- towards administration charges from the membership fee of Rs.65,000/-) to the complainant;
2. to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹7,000/- to the complainant as costs of litigation.

9.     This order be complied with by the OP No.1,2,5,6 & 7 within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
15/09/2022	[Suresh Kumar Sardana]	[Surjeet Kaur]
Ls	Member	Presiding Member