Chandigarh

DF-II

CC/78/2019

Poonam Goel - Complainant(s)

Versus

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

Adv.DC Kumar

03 Jun 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	78 of 2019
Date  of  Institution	:	13.02.2019
Date   of   Decision	:	03.06.2022

 

 

 

 

 

1]  Poonam Goel wife of Sh.Surinder Kumar Goyal,

 

2]  Surinder Kumar Goel son of Sh.Om Parkash Goel,

Both Residents of House No.571, Sector 9, Ambala City.

 

             …..Complainants

 

Versus

1]  Country Club Fitness & Vacations, S.C.O. 44-45, 2^nd Floor, Sector 9-D, Chandigarh through authorized signatory/Customer Care Manager.

2]  Country Club Kool C/o Country Club India Ltd., Begumpet Hyderabad 16, through their Manager. 

   ….. Opposite Parties 

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING MEMBER 

                    SH.B.M.SHARMA                 MEMBER

                               

Argued by  :   Sh.D.C. Kumar, Adv. for the complainant.

Sh.Rohit Malik, Adv. for OPs

 

PER B.M. SHARMA, MEMBER

 

 

        Concisely put, the complainants were allured by the false offer & promises made by Officials of OPs about their company providing travelling including the comfortable stay at various places not only in India but abroad and as such, the complainants took the membership of OPs by paying an amount of Rs.80,000/- on 25.3.2018 and also signed an agreement to that effect (Ann.C-1).  It is stated that as per agreement, no hidden charges were agreed to be paid by the complainant and Clause No.10 of the agreement “for payment for annual charges” was deleted from the agreement duly signed by the OPs.  It is submitted that the complainants planned a visit to Lonavala in Maharashtra and as such requested the OPs, but they informed that there is no accommodation at said place and booking is stopped temporarily for that place.  Thereafter, the complainant planned their visit to Manali and Shimla in June, 2018 and requested the OPs to make arrangements but this time too the OPs showed their inability to provide accommodation saying that booking for these places have been stopped temporarily. It is submitted that similarly the OPs  showed their inability to provide accommodation and other facilities for their tour/travel to Dubai saying that accommodation at Dubai is not available.  It is also submitted that the OPs time & again denied the facilities as and when the complainant requested, so he raised grievance with OPs and requested them to cancel the Membership and refund the amount, but despite several attempts and personal visit, they did nothing. Hence, this complaint has been filed alleging the said act & conduct of the OPs as gross deficiency in service and unfair trade practice.

 

2]       The OPs have filed reply and while admitting the factual matrix of the case, stated that the complainants availed the Membership of OP Company after understanding all the benefits, prices and terms & conditions thereof and as such executed Agreement dated 25.3.2018 (Ann.C-1).  It is stated that original sale agreement is with the complainant and whatever alternations have been done therein have been done by complainants at the end after the due execution of the contract and the signature on the cutting on clause No.10 of the agreement are not of any representative of OP but are forged by the complainant.  It is denied that Clause No.10 of the Agreement “for payment for annual charges” was deleted from the agreement duly signed by the OPs.  It is stated that AMC charges were mandatory to be paid every year.  It is admitted that the complainant contacted them for accommodation at Lonavala, but the same was stopped temporarily.  It is also admitted that the complainant needed one early booking at Manali, which was also Tie Up property and the complainant was told that he should inform at least 8 days before for booking and as per agreement the booking can be done between 60 days to 45 days before the date of desired holiday dates. It is submitted that the complainant asked for refund of money vide email dated 10.8.2018 by alleging false facts and that she was not given booking at Lonavala, Manali, Shimla and Dubai but was rather offered Goa for the month of June.  It is also submitted that the complainant was clearly told that a per agreement the membership fee is non-refundable and the grievance of the complainant was not genuine.  Denying all other allegations and pleading no deficiency in service or unfair trade practice, the OPs have prayed for dismissal of the complaint.

 

3]       The parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the complainant and have gone through the entire record including written arguments.

5]       From the documents and evidence on record, it is proved that the complainant took Membership of OP Company by paying a good amount of Rs.80,000/- on 25.03.2018. It is established that the Opposite Parties/Country Club have failed to honour the commitments/promises, which encouraged the complainant to opt their Membership. It is also proved from record that the complainant was not given booking at her desired destinations i.e. Lonavala, Manali, Shimla etc. and stated to have been offered tour of another destination i.e. Goa.  We are of the view that the complainant has invested a good amount with OPs to have some happy time/outing for their family but the OPs did not render due services to the complainant by not arranging tour despite receipt of Rs.80,000/-.  Therefore, the deficiency in service on the part of OPs is clearly made out which caused harassment and loss to the complainant. 

6]       Taking into consideration the above observations & findings, we are of the considered view that the Opposite Parties have remained deficient in providing due services to the complainant. Hence, the present complaint of the Complainant deserves to succeed against the Opposite Parties No.1 & 2 and the same is allowed qua them. The Opposite Parties No.1 & 2 are, jointly & severally, directed as under:-

a]  To refund an amount of  Rs.80,000/- to  the Complainant along with interest @9% p.a. from the date of deposit, till realization

b]   To pay Rs.15,000/- as compensation on account of deficiency in service and causing mental and physical harassment to the Complainants; 

c] To pay Rs.10,000/- as cost of litigation;

         The above said order shall be complied with by the Opposite Parties No.1 & 2 within a period of 30 days from the date of receipt of its copy, failing which they shall be liable to pay additional compensatory cost of Rs.10,000/-, apart from the above relief.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced                                                       

3^rd June, 2022                                                                                                                                                          

Sd/-

(PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER